BALWINDER SINGH & ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 08.07.2008 passed by Addl. Sessions Judge (Ad hoc), Fast Track Court, Muktsar. Both the appellants were tried and convicted in a complaint case filed under Sections 307/34 IPC at police station Lambi. The complaint was filed by Malkiat Singh. FIR No.50 dated 16.03.2004 relating to the same incident had been registered at police station Lambi against Balwinder Singh and Satinder Singh @ Shambu appellants and they were challaned under Section 326/34 IPC. Both the cases were clubbed and tried together. The appellant Balwinder Singh was sentenced to undergo rigorous imprisonment for a period of five years along with a fine of Rs.2,500/- under Section 307 IPC. In default of payment of fine, he was to further undergo imprisonment for a period of three months. The appellant Satinder Singh @ Shambu was sentenced to undergo rigorous imprisonment for a period of five years along with a fine of Rs.2,500/- under Section 307 read with Section 34 IPC. In default of payment of fine he was to further undergo imprisonment for a period of three months.

(2.) The facts may now be narrated. Malkiat Singh complainant gave a complaint to the police on 16.03.2004 relating to an incident, which had taken place on 12.03.2004. Major Singh lives in the house opposite to the complainant's house. Major Singh's sons used to tease the complainant's daughter after consuming liquor. There had been verbal altercations between the complainant and sons of Major Singh earlier. The Sarpanch had got the matter patched up. On 12.03.2004, the complainant was returning home at about 8.30 pm, he saw Major Singh, his wife and sons, Balwinder Singh and Satinder Singh standing in front of his house. Balwinder Singh was holding a gandasa. As Malkiat Singh neared home, Major Singh and his wife raised lalkara asking their sons to catch hold and teach him a lesson. Satinder Singh then caught hold of Malkiat Singh from behind while Balwinder Singh gave a gandasa blow which fell on his forehead and nose. Surjit Kaur, wife of Malkiat Singh and his nephew Pappu Singh, who were standing near the gate ran forward to help him. On seeing them approaching, the assailants fled away along with their weapons. Malkiat Singh was taken to Civil Hospital, Lambi and later he was shifted to Bharat Brain Hospital, Bathinda. The statement of the complainant was recorded by the police only on 16.03.2004 as earlier he was unfit to make a statement. The police found Major Singh and Gurmeet Kaur innocent and filed challan only against Satinder Singh and Balwinder Singh under Section 326 IPC.

(3.) The complainant was not satisfied with the investigations and filed a complaint under Sections 307/34 IPC and named two other persons namely Major Singh and Gurmeet Kaur, who were summoned by the Illaqa Magistrate. The case was committed along with the challan preferred by the State. Both the cases were clubbed and charge was framed under Section 307 read with Section 34 IPC. The accused pleaded not guilty and claimed trial.