KAKA SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRESENT appeal has been filed by Kaka Singh, Surjit Singh son of Kaka Singh and Didar Singh son of Kaka Singh. They were nominated as accused in a case FIR No. 38 dated 07.06.2000 registered at Police Station Jhunir under Sections 307/325/323/34 IPC. They were tried by the Court of Additional Sessions Judge, Mansa, who, vide his judgment dated 18th September, 2001, acquitted them of the offences punishable under Sections 307 and 323 IPC. However, Kaka Singh was substantively convicted under Section 325 IPC and both the other accused, i.e. Surjit Singh and Didar Singh were convicted with the aid of Section 34 IPC. Furthermore, Didar Singh was substantively held guilty of an offence punishable under Section 325 IPC, whereas the other accused namely Kaka Singh and Surjit Singh were convicted with the aid of Section 34 IPC. Vide a separate order of even date, the trial Court sentenced the Appellants as under:

(2.) SUBSTANTIVE sentences were ordered to run concurrently.

(3.) DARSHAN Singh was medico legally examined by Dr. Asha Kiran, PW -7 on the same day, i.e. 29th May, 2000 at about 9.00 a.m. She found following injuries on the person of Darshan Singh: