JAGDISH AND OTHERS Vs. UNION TERRITORY, CHANDIGARH

JUDGEMENT

(1.) The Court of Additional Sessions Judge, Chandigarh vide impugned judgment dated 27 th May, 1999 held appellants Ved Pal, Ramesh Sharma, Jagdish, Gajraj and Anand Kumar guilty of offences punishable under Sections 307 read with Section 149 IPC, Section 326 read with Section 149 IPC and Section 148 IPC and vide a separate order of even date sentenced them to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.2,000/- each, in default of payment of fine to further undergo rigorous imprisonment for nine months under Section 307 read with Section 149 IPC. Theappellants were further sentenced under Section 326 read with Section 149 IPC to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.500/- each, in default of payment of fine to further undergo rigorous imprisonment for six months. They were also sentenced under Section 148 IPC to undergo rigorous imprisonment for a period of one year. All the substantive sentences were ordered to run concurrently.

(2.) Aggrieved against the same, the accused named in a case arising out of FIR No.94 dated 24.08.1995 registered at Police Station Manimajra, U.T. Chandigarh under Sections 148, 149, 326 and 307 IPC have filed two separate appeals. has been preferred by Jagdish, Gajraj and Anand Kumar, whereas Criminal Appeal No.544-SB of 1999 has been filed by Ved Pal and Ramesh Sharma.

(3.) Criminal proceedings were set into motion on a statement Ex.PN made by Subhash Chand PW-10, on the basis whereof formal FIR Ex.PJ was registered. Subhash Chand in his statement Ex.PN stated that he was a resident of Mori Gate, Manimajra and was employed as a Sweeper in the Notified Area Committee, Manimajra. On 23 rd August, 1995 at about 10.30 p.m. he along with his four friends namely Rajja, Kala, Jagat and Ramesh, was going to the house of Jagat, who was residing at the top floor of house No.1017, Sector 7, Panchkula. When they reached near the Housing Board chowk, one boy put his hands on the shoulder of Ramesh and asked for the way towards Manimajra, whereupon the complainant and his companions replied that he should follow the street lights. That accused called upon the complainant and his companions not only to show the way but to lead him. On refusal, 3-4 boys who were having knives and kirpans in their hands, emerged from the left side and they opened the attack. The complainant and his companions made an effort to escape but complainant Subhash Chand suffered an injury from Kirpan on the palm of his right hand. Another accused gave a knife blow in the abdomen of Ramesh. Three of the persons of complainant party saved their lives by running. At that time, people were attracted to the spot. Seeing them, the accused decamped from the spot along with their weapons. The complainant stated that in case the accused are brought before him he would be able to identify them.