AMAR SINGH & ORS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The matrix of the facts and evidence, unfolded during the course of trial, culminating in the commencement, relevant for disposal of the instant criminal appeal & emanating from the record, is that, initially, in the wake of complaint of Harjinder Singh son of Rachan Singh, a criminal case was registered against Surmukh Singh s/o Surjan Singh, his son Harinder Singh, Avtar Singh son of Lachhman Singh and Sohan Singh son of Ujagar Singh, vide FIR No.82 dated 11.11.1994, for the commission of offence punishable under section 308 read with section 34 IPC by the police of Police Station Morinda, Distt.Ropar.

(2.) Sequelly, the prosecution claimed that during the course of same very incident/occurrence, complainant Ranjit Kaur (PW3) and her daughter Jasbir Kaur (PW4) also sustained injuries at the hands of appellant-convicts. Therefore, on the statement (Ex.PO) of complainant Ranjit Kaur, the present cross case was also registered against appellantconvicts Amar Singh, Mohinder Singh, Bhag Singh, Harpit Singh, Major Singh & main accused Harjinder Singh (proclaimed offender).

(3.) In the instant cross case, the prosecution claimed that on 3.11.1994, the appellant-convicts, having consumed liquor, came on the roof of house of complainant Ranjit Kaur (PW3) and started throwing brick bats in her court-yard. Thereafter, they came down in her court yard. Accused Harjinder Singh (proclaimed offender) armed and gave a sword blow on her (Ranjit Kaur) right elbow. As soon as, her daughter Jasbir Kaur (PW4) came to rescue her, in the meantime, Harjinder Singh gave another sword blow on her left hand. Appellant Harpreet Singh alias Pinki, Major Singh and Mohinder Singh were stated to have caused injuries to Ranjit Kaur with their respective lathis. Thereafter, Harjinder Singh (PO) gave another sword blow on the front side of left leg of Ranjit Kaur. Appellants Amar Singh and Bhag Singh were claimed to have continued giving lathi blows on the person of Ranjit Kaur and her daughter Jasbir Kaur PWs. In the meantime, PW7 Harinder Singh, son of complainant, came on the tractor from the fields. Appellant Harpreet Singh alias Pinki was stated to have given a lathi blow on his back as well. All the injured raised alarm. Thereafter, the appellants decamped from the place of occurrence with their respective weapons. The injured were removed to the hospital, where they were medico legally examined.