ATTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this common order, I intend to dispose of Criminal Appeal No. 430 SB of 2000 filed by the accused-appellants for acquittal and Criminal Revision No. 1178 of 2000 filed by the complainant for grant of compensation as both these appeal and revision arisen out of the same jugdment and occurrence. convenience, facts are being taken from Criminal Appeal No. 430 SB of 2000.

(2.) Attar Singh and another have directed this appeal against the judgment and order dated 3.5.2000 passed by Shri Jaspal Singh, learned additional Sessions Judge, Ferozepur vide which accused appellants stood convicted under Sections 307 read with Section 34 of the Indian Pena Code (in short - the IPC ) and sentenced them to undergo rigorous imprisonment for a period seven years and to pay a fine of Rs. 5000/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of one year each.

(3.) Briefly stated the case of the prosecution as per version of PW 4 Jagir Singh, who is father of injured Devinder Singh is that on 19.8.1995 at about 8.30 a.m. he along with his son Davinder Singh had gone to his fields for bringing fodder in Bullock Cart. When he was cutting fodder his son Davinder Singh had gone to attend the call of nature at a distance of about half killa. Accused Swaran Singh and Attar Singh armed with kirpans came there. Accused Swaran Singh exhorted that they are going to teach a lesson to Davinder Singh for teasing the daughter of Swaran Singh's sister-in-law. At this, accused Swaran Singh gave two kirpan blows which hit on his nose and cheek near left ear of Davinder Singh. Then, Attar Singh gave three kirpan blows, which resulted into infliction of injuries on his right arm, elbow inner side, small finger of right hand and on left leg frontal side on the person of Davinder Singh. On receipt of these injuries he fell down on the ground and both the accused continued to give kirpan blows on the person of Davinder Singh. On seeing this, he raised hue and cry and raised raula 'Marditta Marditta' from a distance of half killa and after causing injuries both the accused ran away from the spot along with their respective weapons.' It has further been alleged in the statement of the complainant that he did not go to the spot to rescue his son from clutches of the accused as he apprehended that if he had gone there he would also be given injuries by them. Then after arranging the vehicle injured Davinder Singh was brought to Civil Hospital, Zira from where the doctor referred him to Shri Guru Gobind Singh Medical College & Hospital, Faridkot as he was in a serious condition. He was rushed to Faridkot where he was medico-legally examined. The motive behind the occurrence was that Karni daughter of sister-in-law of Swaran Singh accused who was residing with Swaran Singh was having illicit relations with Davinder Singh injured which was not liked by the accused persons. The police recorded statement of Jagir Singh complainant and on the basis of which the present case was registered. Statements of the PWs were recorded. Rough site plan of the place of occurrence was prepared. After completion of necessary investigation, challan against the accused was presented in the Court for trial.