STATE OF PUNJAB Vs. GURMAIL SINGH

JUDGEMENT

(1.) THIS appeal against acquittal arises out of the following facts.

(2.) AT about 2.00 P.M. on November 12, 1991, Amar Singh (PW-1) alongwith his brother Manjit Singh, cousin Inderjit Singh and one Harbans Singh was going in a jeep from Kohara to village Chhandran and as they reached within the revenue limits of village Chhandran, they saw accused Gurmail Singh, Nachhattar Singh, Waryam Singh alias Binder Singh, Balwinder Singh alias Babla and Nahar Singh, all armed with Gandasas whereas Kehar Singh accused armed with a Dang standing there. They stopped the jeep whereafter the accused dealt various blows on the occupants of the jeep. Harbans Singh, however, managed to drive the jeep away and reached Civil Hospital, Sahnewal wherefrom Amar Singh and Jasbir Singh were referred to the Christian Medical College and Hospital, Ludhiana. Jasbir Singh's statement was thereafter recorded by the police in the hospital and on its basis, the F.I.R. was registered at 2.10 P.M. on November 15, 1991 at Police Station, Sahnewal for offences punishable under Sections 324/323/148/149 of the Indian Penal Code. On the completion of the investigation, the accused were charged for offences punishable under Sections 148, 307, 326 (three counts), 325 (two counts), 324 (three counts) and 323 (three counts) read with Section 149 of the Indian Penal Code.

(3.) THE prosecution case was then put to the accused and their statements recorded under Section 313 of the Code of Criminal Procedure in which they denied the allegations levelled against them and pleaded as under :-