MAJOR SINGH AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this common judgment, I am disposing of three cases i.e Criminal Appeal No. 346-SB of 2003 filed by convicts Major Singh, Joginder Singh, Mukhtiar Singh and Banjar Singh; Criminal Appeal No. 519-SB of 2003 filed by convict Gurnam Singh and Criminal Revision No. 754 of 2003 filed by injured Suba (Sahab) Singh as all these cases have arisen out of the same judgment of conviction dated 1.2.2003 and order of sentence dated 4.2.2003 passed by learned Additional Sessions Judge, Jind. All the five appellants of the two appeals stand convicted under Sections 148, 307/149 and 323/149 IPC and appellant Gurnam Singh also stands convicted under Section 25 of the Arms Act. Each convict has been sentenced to undergo rigorous imprisonment for one year under Section 148 IPC, rigorous imprisonment of five years and to pay fine of Rs.5000/- and in default of payment of thereof, to undergo further rigorous imprisonment for one year under Section 307/149 IPC and also to undergo rigorous imprisonment for three months under Section 323/149 IPC. Appellant Gurnam Singh has also been sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs.2000/- and in default of payment of fine, to undergo further rigorous imprisonment for one year under Section 25 of the Arms Act. All the substantive sentences of the convicts have been ordered to run concurrently. The convicts by filing the above mentioned two appeals have challenged their conviction and sentence whereas injured Suba Singh by filing the revision petition has sought enhancement of sentence to the convicts and has also sought enhancement of fine amount with compensation to the petitioner out of the fine amount.

(2.) At the outset, it has to be noticed that appellants no. 2 to 4 namely, Joginder Singh, Mukhtiar Singh and their father Banjar Singh in Criminal Appeal No. 346-SB of 2003 have since died and the said appeal qua them stands dismissed as abated vide order dated 30.11.2011.

(3.) According to the prosecution, on 2.9.2001, complainant Joga Singh was going to engage labourers. Near the house of Banjar Singh-appellant, he saw that Joginder Singh and Mukhtiar Singh appellants were coming. They gave lalkara to teach lesson to the complainant. Accused Mukhtiar Singh hit brickbat on the left eye and nose of the complainant. Accused Joginder Singh pelted two brickbats on the complainant who was however not hit by the same. Alarm raised by him attracted Sahab Singh and one Major Singh son of Balkar Singh. In the meantime, convicts Banjar Singh, Gurnam Singh and Major Singh son of Kashmir Singh, who were already present in the house of Banjar Singh, climbed the roof of the house. Gurnam Singh was armed with .12 bore country made pistol. Accused Major Singh gave lalkara. Thereupon Gurnam Singh fired from the pistol. Pellets hit the face and left arm of Sahab Singh. Gurnam Singh again fired from the pistol but nobody was hit. On the statement of Joga Singh made to the police, FIR was registered. Injured were examined medico-legally as well as radiologically. On arrest of Gurnam Singh, a country made pistol of 12 bore was recovered from him and the same was seized by the police. Statements of witnesses were recorded. Scaled site plan of the place of occurrence was got prepared. Sanction order from District Magistrate for prosecution of Gurnam Singh under Section 25 of the Arms Act was obtained. On completion of investigation, report under Section 173 of the Code of Criminal procedure (in short, Cr.P.C) was presented for trial of the five accused for various offences mentioned above.