SATWANT SINGH ALIAS ROCKY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this common order, Criminal appeals viz. Criminal Appeal No. 1104 -SB of 2003, preferred by Satwant Singh alias Rocky, Criminal Appeal No. 1108 -SB of 2003, preferred by Sham Lal, Criminal Appeal No. 1122 -SB of 2003, preferred by Mohinder Singh, shall be decided together along with Criminal Revision No. 2011 of 2003, preferred by Gurbax Singh, complainant -injured.

(2.) APPELLANTS Sham Lal, Satwant Singh alias Rocky and Mohinder Singh were sent to trial along with their co -accused Kuldip Singh, Ravinder Singh, Gurpreet Singh, Gurdeep Singh and Kashmir Singh alias Rana. Kuldip Singh died during the course of trial and Gurdeep Singh was declared as a Proclaimed Offender. The trial Court, vide its judgment dated 21.5.2003, had acquitted Ravinder Singh, Gurpreet Singh and Kashmir Singh alias Rana on the ground that their names were not mentioned in the FIR. However, the trial Court held the Appellants guilty for the offence under Sections 325 and 325 read with Section 34 IPC and vide a separate order of even date, sentenced them as under:

(3.) THE occurrence, in the present case, had taken place on the night intervening 13/14.5.1997 at about 2.00 A.M. The statement of Gurbax Singh, complainant, was recorded on 15.5.1997 at about 4.20 P.M. and the FIR Ex. P.W. 9/A was recorded on the same day at about 4.30/5.15 P.M. at Police Station Noormahal.