SARDEEP SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed by the appellants against the judgment of conviction and order of sentence dated 20.02.2003, passed by the learned Addl. Sessions Judge (Adhoc), Patiala, whereby, they were held guilty and appellant Sardeep Singh was convicted under Section 307 IPC whereas appellants Gurmit Singh and Balwinder Singh were convicted under Section 307/34 IPC and all of them were sentenced to undergo rigorous imprisonment for a period of four years each and to pay a fine of Rs. 500/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months each. Appellant Sardeep Singh was further convicted under Section 326 IPC whereas appellants Gurmit Singh and Balwinder Singh were convicted under Section 326/34 IPC and all of them were sentenced to undergo rigorous imprisonment for a period of three years each and to pay a fine of Rs. 200/- each and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month each. Appellant Sardeep Singh was also convicted under Section 324 IPC whereas appellants Gurmit Singh and Balwinder Singh were convicted under Section 324/34 IPC and all of them were sentenced to undergo rigorous imprisonment for a period of two years each and to pay a fine of Rs. 200/- each and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month each. Appellants Sardeep Singh and Gurmit Singh were convicted under Section 325/34 IPC whereas appellant Balwinder Singh was convicted under Section 325 IPC and they were sentenced to undergo rigorous imprisonment for a period of one year each and to pay a fine of Rs. 200/- each and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month each. All the appellants were further convicted and sentenced to undergo rigorous imprisonment for a period of six months each and to pay a fine of Rs. 200/- each and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month each under Section 323/34 IPC. All the sentences were ordered to run concurrently.

(2.) The brief facts of the prosecution case are that on 29.09.2000, on receiving information from Primary Health Centre, Shatrana that Jit Singh, Baldev Singh and Darshan Kumar are admitted there, HC Gurmail Singh reached there and sought opinion regarding their fitness but they were declared unfit by the doctor. On 30.09.2000 ASI Sham Lal again reached Primary Health Centre, Shatrana and sought opinion regarding their fitness but the doctor informed that Baldev Singh and Darshan Kumar have been discharged and Jit Singh has been referred to Rajindera Hospital, Patiala. On 01.10.2000 ASI Sham Lal recorded the statement of Jit Singh after obtaining opinion of the doctor regarding his fitness. In his statement, Jit Singh stated that on 28.09.2000 at about 8.00 P.M., he was about to go to his poultry farm and when he came out of his house, his brothers Sardeep Singh armed with gandasi, Gurmit Singh armed with soti and Balwinder Singh alias Pappy armed with soti were standing in front of his house. Gurmit Singh and Balwinder Singh raised lalkara. Sardeep Singh gave gandasi blow with intention to kill Jit Singh towards his head which hit on the pinna of his left ear and his left ear was cut. Gurmit Singh gave soti blow on his back and then Balwinder Singh gave soti blow on his left leg and Jit Singh raised alarm. On hearing alarm, Baldev Singh and Darshan Kumar reached the spot, who also raised alarm. Jit Singh complainant fell down on the ground and Sardeep Singh gave gandasi blow on the head of Baldev Singh. Darshan Kumar came forward. Then Sardeep Singh gave gandasi blow to Darshan Kumar which hit on his right thumb and index finger. Gurmit Singh gave soti blow on the right foot of Darshan Kumar. Baldev Singh raised alarm, then Gurmit Singh gave soti blow on the back of Baldev Singh and Balwinder Singh gave soti blow on the right leg of Baldev Singh. All injured raised alarm which attracted Harjinder Singh and Nirmal Singh and they also raised alarm and the accused ran away from the spot with their respective weapons. The motive for causing injuries is that Jit Singh's brother namley Sardeep Singh had deserted two wives and Sardeep Singh had suspicion that Jit Singh is helping the other party. Ruqa was sent to the police station, on the basis of which FIR was registered. Statements of witnesses were recorded. Rough site plan was prepared. On the basis of disclosure statement of Sardeep Singh, one gandasi and two dangs (sotis) were recovered. After necessary investigation, challan was presented against the accused-appellants.

(3.) On presentation of challan against accused-appellants, copies of challan and other documents were supplied to them under Section 207 Cr.P.C. Finding prima facie case, the accused-appellants were charge-sheeted under Sections 307, 326, 324, 325, 323 read with Section 34 IPC, to which they pleaded not guilty and claimed trial.