TOTA SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants faced trial under sections 307, 325, 324 and 323 read with section 34 of the Indian Penal Code and were convicted and sentenced as under :-

(2.) Prosecution case, in brief, is that Surat Singh PW was operating truck No. PUQ-5567, attached with the Truck operators Union, Dharamkot. On 16.2.1985, at about 9 P.M., he brought this truck to Dharamkot. He was to un- load the crusher loaded in it, in front of the shop of its purchaser, Ramesh Kuar Nohria. After Instructing Jasbir Singh conductor to unload the truck there, he left for his house for taking meals. But when he had reached near. Pandori Gate, Jasbir Singh came running from behind and told him that Darshan Singh appellant was hurling. abuses and not allowing them to unload the truck. He came back, saying that he would talk to Darshan Singh about it. In the meanwhile, Tota Singh appellant, armed with "sua", and Lachman Singh appellant and one Jaswant Singh (Proclaimed offender), armed with lathis, came there from the northern side, Darshan Singh appellant who was having a sua came from the other side. Tota Singh raised lalkara that Surat Singh be caught and not allowed to escape as he was trying to project himself as a big leader. On this, the appellants and Jaswant Singh caused injuries to Surat Singh, on different parts of his body, with their respective weapons. Charanjit Singh PW reached the spot and witnessed the occurrence. On alarm being raised by him and Jasbir Singh, the appellants and Jaswant Sigh ran away along with their respective weapons.

(3.) This case was registered vide FIR Ex. PG/2 which was recorded on the basis of the statement of Surat Singh injured, Ex. PG. The appellants were arrested by the police on 21.2.1985. During investigation, they got recovered weapons of offence in pursuance of disclosure statements made by them respectively. Investigation was completed and thereafter challan was put in court.