SWARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SWARAN Singh alias Shami son of Gura Singh, Narvail Singh alias Naila son of Ishar Singh and two sons of Swaran Singh namely Balkar Singh alias Bhukan and Lakhwinder Singh alias Ladi vide impugned judgment dated 10.9.1996 of learned Additional Sessions Judge, Amritsar have been convicted and sentenced as under :- Balkar Singh and Narvail Singh under section 307 IPC RI for ten years and to pay a fine of Rs. 200/- each, in default of payment of fine to further undergo RI for one year each. Swaran Singh and Lakhwinder Singh under section 307/34 IPC RI for ten years and to pay a fine of Rs. 200/- each, in default of payment of fine to further undergo RI for one year each.

(2.) IN short the case of the prosecution is that on 13.9.1995 complainant Ranjit Singh alongwith his Phuphar (father's sister's husband) Gurdip Singh and brother Daljit Singh were returning to their behak after witnessing the cycle show which was being held in their village Thathi. Lakhwinder Singh and Narvail Singh had also gone to see the said cycle show and there they had some altercation with Daljit Singh as Daljit Singh had lodged a protest with them that they had spoiled their crops with their cattle. Lakhwinder Singh had come to his house and after some time the complainant alongwith Daljit Singh and Gurdip Singh also started for their behak. Daljit Singh was about 15/20 Karams ahead of them. When he reached the house of Swaran Singh, they saw Lakhwinder Singh standing on the roof. On seeing Daljit Singh, he came down. At that time Balkar Singh armed with a kirpan, Lakhwinder Singh armed with a gandasi, Swaran Singh armed with a dang and Narvail Singh armed with gandasi came out of their house and it was about 7 PM at that time. Swaran Singh raised a lalkaa that Daljit Singh should not be allowed to escape and he should be taught a lesson for lodging protest with them. At this Balkar Singh, Lakhwinder Singh and Narvail Singh appellants inflicted injuries with their respective weapons on the head of Daljit Singh. Daljit Singh consequently fell down and Swaran Singh gave him dang blow on his right arm when he was lying on the ground. Lakhwinder Singh and Narvail Singh also gave other gandasi blows from their blunt sides on the head of Daljit Singh. Complainant Ranjit Singh and Gurdip Singh raised lalkaras and the appellants ran away with their respective weapons. Daljit Singh became unconscious. He remained hospitalised for a pretty long time at Amritsar where he was also operated upon. On the statement of Ranjit Singh on 16.9.1995 the present case was registered. The investigation was taken up by ASI Bhupinder Singh who visited the place of occurrence, prepared rough site plan, took into possession blood stained clothes. He also arrested appellants and made recoveries of weapons from them.

(3.) BALKAR Singh and Narvail Singh appellants were charged under Section 307 IPC whereas Lakhwinder Singh and Swaran Singh were charged under section 307/34 IPC.