BIRA SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellants-Bira Singh, Hari Singh and Captan Singh have filed this appeal against the judgment of conviction and order of sentence dated 10.5.2001 passed by learned Additional Sessions Judge, Bathinda, whereby they have been held guilty and convicted for the offence under Section 459 of the Indian Penal Code (hereinafter referred to as 'IPC'). They have been sentenced to undergo rigorous imprisonment for three years each and to pay a fine of Rs. 1,000/- each and in default of payment of fine to further undergo rigorous imprisonment for two months each for the offence under Section 459 IPC.

(2.) The brief facts of the prosecution case are that complainant Leela Wati along with her family members had been residing in a house lying constructed in the fields of Hardev Singh, Tehsildar. On the night of 9.1.1994, complainant Leela Wati along with her husband Pansari Lal went to sleep in a separate room in which an earthen lamp was lighting, while her sons Chhinder Lal and Mauji Lal and Munna Lal-brother of her husband went to sleep in the adjoining room of their house. At about 12.00 O'clock on the intervening night of 9/10.1.1994, the door of the room of their house was got opened suddenly, on which the complainant immediately got-up and found that accused Man Singh (since deceased) armed with a stick, Bira Singh armed with a handle of hand-pump, Hari Singh armed with a 'Dang' and Captan Singh armed with an iron rod reached there and they attacked her. Accused Man Singh inflicted a stick blow on her head; when she tried to raise an alarm, accused Bira Singh gave a thrust-wise blow with the handle of the hand-pump on her left arm on the back side of the elbow. She fell down on the cot. Accused Man Singh also inflicted another stick blow which hit on the back of her left shoulder. The alarm raised by her also attracted her husband Pansari Lal, who also got-up as well as her son Chhinder Lal and said Munna Lal and when they tried to intervene to rescue her, all the accused persons also attacked and caused injuries to them with their respective weapons. Resultantly, her husband Pansari Lal received injuries on his head, forehead, left leg and knee and near the left eye while her son Chhinder Lal received an injury on his forehead and Munna Lal also received injuries on his forehead and right arm. When they raised alarm/hue and cry, all the accused left the spot with their respective weapons. But while going, the accused also took away cash amount of Rs. 15,000/- and silver ornaments of the complainant including silver 'Paijebs' and a golden nose pin (Koka). The motive of attacking and causing injuries to the complainant and her other family members by the accused was that Sunita-sister of the wife of complainant's son Chhotu Lal was married to accused Hari Singh, but the relations between Sunita and Hari Singh got strained resulting into a matrimonial dispute between them. Sunita was being helped by the complainant and her son Chhotu Lal, due to which said Hari Singh got inimical towards them.

(3.) The injured were admitted in the Civil Hospital, Bathinda. ASI Darshan Singh reached Civil Hospital, Bathinda and after obtaining the opinion of the concerned doctor regarding the fitness of the complainant injured to make statement, he recorded the statement Ex.PR of Leela Wati at about mid day on 10.1.1994. Then entry was made in the DDR register and DDR was recorded at Police Station Sadar, Bathinda and after inquiry into the facts and allegations, FIR Ex.PW6/A was registered on 19.1.1994 against all the accused. Investigating Officer ASI Darshan Singh recorded the statements of the witnesses and also prepared rough site plan Ex.PW6/B. After necessary investigation, challan was presented.