HARVINDER SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellants-Harvinder Singh and Jagjit Singh have filed this appeal against the judgment of conviction and order of sentence dated 13.2.2003 passed by learned Additional Sessions Judge (Adhoc), Fast Track Court, Hoshiarpur, whereby they have been held guilty and convicted for the offences under Sections 307 and 324 read with Section 34 of the Indian Penal Code (hereinafter referred to as 'IPC'). They have been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,000/- each and in default of payment of fine to further undergo rigorous imprisonment for one month each for the offence under Section 307 read with Section 34 IPC. They have also been sentenced to undergo rigorous imprisonment for one year each for the offence under Section 324 read with Section 34 IPC. Both the sentences have been ordered to run concurrently.

(2.) The brief facts of the prosecution case are that the FIR in the present case has been registered on the statement of Jagtar Singh injured complainant. In his statement, he stated that on 14.10.1999, he along with Gurpreet Singh was proceeding to Village Ludian and when they reached in the Ballagan Chowk at about 4.00 p.m., accused Jagjit Singh resident of Krishna Colony, Dasuya and Tony armed with 'Kirpans' stopped them and started inflicting 'Kirpan' injuries on the person of the complainant which hit on his head, back, forehead, left shoulder, chest, abdomen and right thigh. When the complainant tried to ward off the blows by raising his both hands, he sustained injuries on his both hands. He raised alarm and when Gurpreet Singh tried to rescue him, then Laddi resident of Ballagan Chowk and Toni resident of Krishna Colony, Dasuya, who were armed with 'Datars' inflicted injuries to Gurpreet Singh with their respective weapons and both the injured became unconscious on receipt of aforesaid injuries. They were brought to Civil Hospital, Dasuya, where they were medico-legally examined. When the complainant regained consciousness, he made his statement to the Police. 'Ruqa' was sent to the Police Station, on the basis of which formal FIR was recorded. Inspector Mohan Singh, Investigating Officer inspected the spot. He prepared rough site plan. He recorded the statements of witnesses. The accused were arrested. Gurdhian Singh got recovered washed 'Kirpan' from the deserted brick kiln in pursuance of his disclosure statement. Jagjit Singh also produced his 'Kirpan' at the time of his arrest, which was taken into Police possession. After necessary investigation, the challan was presented in Court.

(3.) On presentation of challan, the trial Court finding prima facie case against accused, framed charges for the offences under Sections 307, 324 read with Sections 34 IPC, to which the accused pleaded not guilty and claimed trial.