DARSHAN SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The accused/appellants have directed the present appeal against the judgment of conviction and order of sentence dated 01.08.2003 passed by Shri G. K. Rai, Additional Sessions Judge, Mansa, vide which the accused/appellants have been convicted and sentenced to undergo rigorous imprisonment for a period of one year under Section 323/34 of the Indian Penal Code (in short "the IPC"). However, they were acquitted under Section 307 IPC.

(2.) Briefly stated, the law was set in motion by recording the statement of Gurlal Singh-complainant who has stated that the land of Amrik Singh is situated nearby their house. Amrik Singh had given his land to Bira Singh Pandit on contract basis. Ghogar Singh had been working as servant with Bira Singh Pandit. Ghogar Singh had friendship with Darshan Singh and Kala Singh. All of them used to sit together at the motor room of Amrik Singh and used to play tape-recorder loudly. They also used to play obscene songs at loud volume. The complainant asked many a times to Ghogar Singh not to play tape-recorder with obscene songs at loud volume as it is congenial for his family, but in vain.

(3.) On 12.02.1998, complainant was going to his outer house from Gurudawara Sahib. When he reached near the house of Ram Pandit, he found Barkha Singh was standing in front of that house. The electric light was on. It was about 7:30 PM. He further found that Darshan Singh armed with soti, Ghogar Singh armed with iron rod and Kala Singh empty handed, were present there. Kala Singh raised a lalkara that he be taught a lesson for stopping the tape-recorder. Ghogar Singh gave a blow with iron rod which hit him on the upper part of his left eye, Darshan Singh gave a soti blow which hit on the left side of the head of complainant, due to which he fell down. Complainant along with Barkha Singh raised noise and all the accused fled away from the spot along with their respective weapons. On the basis of his statement, formal FIR was registered and investigation was carried out. After completion of investigation, challan against all the accused was presented in Court.