JARNAIL SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide this common judgment I intend to dispose of Criminal Appeal No. S-1214-SB of 2003, titled as Jarnail Singh and another Vs. State of Punjab and Criminal Appeal No. S- 1241-SB of 2003, titled as Mohinder Singh and others Vs. State of Punjab as both these appeals have arisen out of the same judgment.

(2.) Briefly, stated seven accused namely Jarnail Singh, Balbir Singh, Mohinder Singh, Puran Singh, Karnail Singh, Lal Singh and Sukhwinder Singh were sent by SHO of Police Station Sardulgarh to stand trial in respect of the offence under Sections 307, 326, 452, 324, 323, 148 read with Section 149 IPC vide FIR No.121 dated 6.10.2010.

(3.) The case of the prosecution is that Darshan Singh son of Bachan Singh has stated that on 5.10.2000 at about 6.30 P.M. he along with his brother Jangir Singh, Sant Kaur, Bachan Singh, Khushia Bai, Sumitra Bai and Sarwan Kaur were present in his house. His uncle Jangir Singh was sitting in the courtyard. At that time, Jarnail Singh armed with dattar, Karnail Singh armed with sword, Balbir Singh armed with pole-exe (gandasa), Puran Singh, Lal Singh and Mohinder Singh armed with sotis each. Sukhwinder Singh Sodhi empty handed abruptly entered into the door of their house.