KEWAL SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THREE applicants -appellants in this appeal are seeking suspension of the one year sentence imposed upon each of them, for an offence punishable under Section 324 read with Section 34 IPC, for causing injuries to two persons, with sharp edged weapons. The sentence had been ordered to be suspended by the learned trial court itself, for a limited period, in order to enable them to file the present appeal. The case arises as a cross version to the FIR registered at the instance of appellant No. 1, Kewal Singh, against Jagtar Singh and others, on account of the injuries caused by the said persons to the person of the appellants and their brother Hansa Singh, who succumbed to such injuries, resulting in the FIR being registered for the offences punishable under Sections 302/341/324 read with Section 34 IPC against the said persons.

(2.) ALL the said persons have been convicted for the above stated offences and sentenced to life imprisonment, along with lighter sentence for lesser offences.

(3.) LEARNED trial court held that the occurrence was a free fight and neither of the sides caused injuries to other in the exercise of the right of self defence. In fact, being armed with 'gandasas' and rods, they were all liable, though obviously, the culpability of the other side (opposite to the present appellants), was of extreme nature, as it resulted in the death of the brother of the appellants.