PAWAN KUMAR THEKEDAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The learned Additional Sessions Judge, Ludhiana through a verdict drawn on 29/10/2010, upon case SC No. 5 of 4/1/2007 proceeded to, in respect of charges drawn against the accused for offences punishable under Ss. 308, 325 and 323 of the IPC, hence make a verdict of conviction, upon, the convicts. Moreover, through a separate sentencing order drawn on 29/10/2010, the learned trial Judge concerned, proceeded to make the hereinafter extracted sentence(s) upon the convicts.

(2.) The convicts become aggrieved from the verdict of conviction (supra), and, also become aggrieved from the consequential therewith sentence(s) (supra), as became imposed upon them by the learned Convicting Court, and, have chosen to assail them, through theirs' constituting the instant appeal before this Court.

(3.) The genesis of the prosecution case becomes narrated in the appeal FIR, to which Exhibit PW-8/B is assigned. The appeal FIR narrates that on 21/6/2006, a telephonic call was received from the CMC Hospital, that Madan Singh son of Ram Dhian was admitted in the hospital due to injuries received in a fight, and, that an Investigating Officer be sent. Upon this, ASI Kawaljit Singh went there, and, sought opinion of the doctor regarding fitness of the injured to make statement. The doctor opined that the injured was unfit to make statement till 25. 06.2006. At that time no body was present in the hospital to narrate the story of the occurrence. On 26/6/2006 Jatinder Singh was present in the hospital, and, he got recorded his statement before ASI Kawaljit Singh that he was a contractor/Thekedar, and, used to get the work done on labour basis. On 19/6/2006, he alongwith Madan Singh Munsi was going towards Gobindgarh, and, when they reached near village Pawa, then at about 5 A.M., Pawan Kumar, and, his brother Sunil alongwith 4-5 other persons who were already present there, raised lalkara to catch hold of Madan Singh. Sunil, and, Pawan Kumar started giving rod blows on head, and, legs of Madan Singh, and, other persons pushed Madan Singh on the ground, and, gave kick blows to him. The blood started oozing from his head. Madan Singh raised cries 'Mar Ditta, Mar Ditta', and, on hearing his cries, Nand Parshad, Vashishat Kumar, and, Pandey came there, and, all of them saved Madan Singh from the clutches of the accused. The accused persons fled away from the place of occurrence with their respective weapons. The complainant arranged the vehicle and got admitted Madan Singh initially in Civil Hospital, Ludhiana, and, then at CMC hospital. The motive behind the occurrence was that a day before the occurrence, there was an altercation between Madan Singh, and, Pawan Kumar Thekedar.