GURBACHAN SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dated 11.02.2009 passed by learned Additional Sessions Judge, Ludhiana whereby the appellant Gurdeep Singh has been convicted and sentenced to undergo RI for the period of two years under Section 326 IPC and a fine of Rs. 1000/-. In default of payment of fine he shall further undergo for rigorous imprisonment of 15 days. Whereas accused Gurbachan Singh has been convicted and sentenced to undergo RI for two years under Section 326/34 IPC and fine of Rs. 1000/-. In default of payment of fine to undergo RI for 15 days. Further both the accused have been sentenced to undergo RI for a period of 1 1/2 years each and fine of Rs. 500/- each under Section 325 IPC. In default of payment of fine they shall further undergo RI for 15 days. Further Gurdeep Singh has been sentenced to undergo RI for the period of one year under Section 324 IPC and fine of Rs. 500/-. In default of payment of fine he shall further undergo RI for 10 days. Whereas accused Gurbachan Singh has been sentenced to undergo RI for one year under Section 324/ 34 IPC and fine of Rs. 500/-. In default of payment of fine to undergo RI and fine of Rs. 500/-. In default of payment of fine to undergo RI for 10 days. However, all the sentences shall run concurrently.

(2.) The statement made by Jagtar Singh complainant before ASI Swaran Singh to the effect that his land is adjoining to the land of accused. On 29.12.2004 demarcation took place of their land and altercation also took place. On 01.01.2005 at about 8:00 pm he went to dairy of Gurmel Singh to sell milk and has to pass through in front of the house of Gurbachan Singh. When he came back from the dairy, Gurbachan Singh and his sons stopped him in front of their house. At that time Gurdeep Singh was having unsheathed Kirpan while accused Gurbachan Singh and Pardeep Singh were empty handed. The accused Gurdeep Singh gave Kirpan blow towards his head but Jagtar Singh raised his hand in order to ward off the blow and the blow hit the little finger of his left hand. He raised raula Mar Ditta, Mar Ditta. On hearing noise, his cousin Joginder Singh came to the spot. On seeing Joginder Singh Gurbachan Singh asked his sons to take Jagtar Singh inside the house. Then all the accused dragged the complainant inside the house and bolted the main door from inside. Thereafter all the accused started beating him. He raised raula which attracted the neighbourers and one person went inside the house and open the main door and then they saved the complainant and was admitted in the Hospital.

(3.) After presentation of the challan and framing of the charges, the appellants were found guilty of the offence under Sections 325 and 326 IPC. During the pendency of the appeal, the complainant does not wish to proceed with the criminal proceedings initiated against the appellants.