UJJAGAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) I shall dispose of Criminal Appeal No. 125-SB of 1989 filed by Ujjagar Singh son of Bahal Singh, Boor Singh and Puran Singh sons of Ujjagar Singh and Ashok Kumar son of Hari Chand and Criminal Revision No. 329 of 1989 filed by Jarnail Singh son of Jagga Singh and Puran Singh son of Arjan Singh by this common judgment.

(2.) THE above-said four appellants along with Darshan Ram son of Hari Chand were booked in a case bearing FIR No. 180 dated 2.1.8.1987 at Police Station Guruharsahai under Sections 307, 326, 324, 323, 148 and 149 of the Indian Penal Code. However, Darshan Ram stands acquitted. There is no appeal against his acquittal. Puran Singh son of Ujjagar Singh has been convicted and sentenced under Section 307 IPC to undergo R.I. for five years and to pay a fine of Rs. 1000/- and in default to further undergo R.I. for three months, under Section 326/34 IPC for three years and to pay a fine of Rs. 1000/- and in default to further undergo R.I. for three months and under Sections 324/34 IPC and 323/34 IPC for six months and three months respectively. Ujjagar Singh has also been convicted and sentenced under Section 307/34 IPC to undergo R.I. for three years and a fine of Rs. 1000/- and in default to undergo further R.I. for three months, under Section 326 IPC for three years and to pay a fine of Rs. 1000/- and in default, to further undergo R.I. for three months and under Section 324 IPC and 323/34 IPC for six months and three months R.I. respectively. Similarly, Boor Singh was convicted and sentenced under Section 307/34 IPC to undergo R.I. for three years and to pay a fine of Rs. 1000/- and in default, R.I. for three months, under Section 326 IPC to undergo R.I. for three years and to pay a fine of Rs. 1000/- and in default, to undergo further R.I. for three months and under Sections 324 IPC and 323/34 IPC for six months and three months R.I. respectively and Ashok Kumar to undergo R.I. for three years and to pay a fine of Rs. 1000/- and in default, further R.I. for three months under Section 307/34 IPC and three years and to pay a fine of Rs. 1000/- and in default R.I. for three months under Section 326/34 IPC and six months and three months R.I. under Sections 324 and 323 IPC respectively. However, all the sentences have been ordered to run concurrently.

(3.) THE occurrence is dated 20th August, 1987 and briefly the case of the prosecution is that Jarnail Singh, injured had gone to his maternal parents at Village Malakzada to see Puran Singh, his cousin. On 21.8.1987 at about 6 A.M. he and Puran Singh son of Arjan were coming on foot from village Malakzada towards Bus Stand Reshamshah Bodla and when they had hardly crossed the village Tirpalka, the present appellants along with Darshan Ram (since acquitted) waylaid them. Darshan Ram was armed with a Dang whereas the present appellants were armed with Gandasas. It is then alleged that Boor Singh- appellant raised lalkara that Puran Singh son of Arjan Singh be taught a lesson for getting a false case registered and thereafter all of them started assaulting Puran Singh badly.