BALWANT SINGH SON OF PAL SINGH SON OF JEON SINGH; LABH SINGH SON OF PAL SINGH SON OF JEON SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellants Balwant Singh and Labh Singh, along with their three companions, Mehar Singh, Bhan Singh and Kartar Singh, were tried for offences under Sections 450, 307, 307/34, 323 and 323 read with Section 34 of the Indian Penal Code, by the court of learned Additional Sessions Judge Ludhiana, Mehar Singh, Bhan Singh and Kartar Singh were acquitted, while the appellants were convicted and sentenced for different offences as under:-

(2.) Prosecution case is that on 1.4.1987, about 8 P.M., Malkiat Kaur complainant along with her husband Surinder Singh, son Shamsher Singh and father Jagir Singh, was sitting in the verandah of their house in Village Rania and taking meals. Mehar Singh, Kartar Singh and Bhan Singh, who were armed with lathis, came in front of the door of her house and exhorted that lesson should be taught to Jagir Singh for giving land to Malkiat Kaur. Meanwhile, appellants, who were armed with "gandasas", entered the house and caused injuries to Shamsher Singh, with their respective weapons. Malkiat Kaur fell on him in order to save him but she, too, was injured by Balwant Singh and Labh Singh with their respective weapons. Thereafter, appellants and their companions fled away. The injured were, then, removed to the hospital.

(3.) The case was registered on the basis of statement of Malkiat Kaur. The appellants as well as Mehar Singh, Bhan Singh and Kartar Singh were arrested. However, during investigation, Mehar Singh, Bhan Singh and Kartar Singh were found to be innocent. As such, they were shown in column No. 2 of report under Section 173 of the Criminal Procedure Code, whereas the two appellants were challaned and sent up for trial. On receipt of the case, by way of commitment, trial was started. During the course of trial, the court summoned Mehar Singh, Bhan Singh and Kartar Singh also as accused. Trial was completed, and ultimately, Mehar Singh, Bhan Singh and Kartar Singh were given benefit of doubt and acquitted, while Balwant Singh and Labh Singh appellants were convicted and sentenced.