GURDEV SINGH ALIAS DESI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and the order of sentence, dated 6.12.2000, passed by the learned Additional Sessions Judge, Fatehgarh Sahib, whereby the appellant was held guilty for the offences punishable under Sections 307, 323 and 324, IPC, and ordered to undergo the following sentences: <FRM>JUDGEMENT_735_LAWS(P&H)9_2013_1.html</FRM>

(2.) All the substantive sentences were ordered to run concurrently. Since the appellant was already suffering sentence in a murder case, therefore, the learned Trial Court also ordered that the above substantive sentences would also run concurrently with the sentence already awarded to the appellant.

(3.) The brief facts of the case are that Jaspal Singh (PW6) had been working on the combine and had harvested paddy crop of the appellant, Gurdev Singh, two days prior to 17.12.1992. Jaspal Singh (PW6) demanded the labour for harvesting the paddy crop of Gurdev Singh, but he did not pay the same. On 16.12.1992, at about 4.00 p.m., Gurnek Singh (PW5) along with Ravinder Singh (not examined) and Gurmukh Singh (PW3) was coming to his house from the side of the shops of Village Mahadian, then he saw that Jaspal Singh (PW6) was coming from the side of his house for bringing the household goods from the shops. When Jaspal Singh reached near the electric motor of the appellant, Gurdev Singh, then he (appellant) came from behind and inflicted a "Kahi" blow from its blunt side on the back of Jaspal Singh (PW6). Resultantly, Jaspal Singh fell down. Thereafter the appellant inflicted two more "Kahi" blows on the head of Jaspal Singh. Gurnek Singh (PW5), Gurmukh Singh (PW3) and Ravinder Singh ran towards the injured, Jaspal Singh, then the appellant took to his heels along with the "Kahi". Jaspal Singh (PW6) was shifted to Civil Hospital, Bassi Pathana, by Gurnek Singh (PW5), where he was medico legally examined by Dr. Surjit Singh (PW1) on 16.12.1992, at 8.10 p.m. On 17.12.1992, at about 11.00 a.m., ASI Ashok Kumar (PW7) reached the Government Hospital, Bassi Pathana, and recorded the statement (Ex. PE) of Gurnek Singh (PW5) since the injured, Jaspal Singh, was referred to the Government Hospital, Fatehgarh Sahib, from Government Hospital, Bassi Pathana. After making endorsement (Ex. PE/1), ASI Ashok Kumar sent the statement to the police station, on the basis of which, formal FIR (Ex. PE/2) was recorded. ASI Ashok Kumar (PW7) obtained opinion from the doctor regarding the fitness of the injured to make statement and thereafter recorded the statement (Ex. PF) of the injured, Jaspal Singh (PW6), at 12.40 p.m. on 17.12.1992.