SATNAM SINGH ALIAS KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANTS Satnam Singh alias Kala and Randhir Singh alias Dhira have filed the instant appeal against the judgment of conviction and order of sentence dated 24.12.2002, passed by Additional Sessions Judge (Fast Track Court), Gurdaspur, vide which they have been held guilty for the commission of offence punishable under Sections 326 and 326 read with Section 34 IPC. Accordingly, appellants have been convicted and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.400/ - each on each count and in default of payment of fine to further undergo rigorous imprisonment for a period of four months each on each count under Sections 326 and 326 read with Section 34 IPC. Both the sentences were ordered to run concurrently.

(2.) BRIEF facts of the prosecution case are that on 18.05.2000, Sub Inspector Malkiat Singh received wireless message that Tarlok Singh and Lakhwinder Singh were admitted with injuries in Civil Hospital, Batala. Then Sub Inspector Malkiat Singh alongwith other police officials reached the said hospital and after obtaining the opinion regarding the fitness of injured, statement Ex.PA of Tarlok Singh was recorded. Complainant Tarlok Singh, in his statement, stated that Lakhwinder Singh, Randhir Singh and Surjit Singh are his brothers. Randhir Singh was forcibly cultivating 9 marlas of land belonging to Surjit Singh. In a joint family meeting, all the members tried to persuade Randhir Singh to give up the possession of said 9 marlas of land but he told that he will tell after discussing the matter with his family members.

(3.) ON presentation of challan, copies of challan and other documents were supplied to accused under Section 207 Cr.P.C. Finding a prima facie case against the accused, Satnam Singh alias Kala accused was charge -sheeted for the commission of offence punishable under Sections 307 and 326 read with Section 34 IPC and Randhir Singh accused was charge -sheeted for the commission of offence punishable under Sections 326 and 307 read with Section 34 IPC to which they pleaded not guilty and claimed trial.