GAJJAN SINGH AND ORS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard learned Senior Counsel appearing for the applicants/appellants No.1 and 2 namely Gajjan Singh and Sukhwinder Singh regarding suspension of their sentences of imprisonments.

(2.) The FIR in the case has been registered on the statement of Sukhdev Singh (complainant/PW-3) son of Bal Singh (PW-4). It is alleged by the complainant that on 5.7.1997 at about 6.00 p.m., he (complainant/PW-3 Sukhdev Singh) and his father Bal Singh (PW-4) were conversing amongst themselves at their 'haveli'. At that time Gajjan Singh (applicant/appellant No.1) armed with a 'kirpan'; Sukhwinder Singh (applicant/appellant No.2) also armed with a 'kirpan'; Gurdip Singh (died during trial) armed with his official carbine and Roop Kaur (appellant No.3) armed with a 'chhavi' came to their 'haveli'. Gajjan Singh (applicant/appellant No.1) raised a 'lalkara' that the complainant Sukhdev Singh (PW-3) be taught a lesson for putting earth along the side of the wall. Then the attack was opened by Gajjan Singh (applicant/appellant No.1) by inflicting 'kirpan' blows to Bal Singh (PW-4) on his left hand, followed by another blow again on his left hand and a third blow on his left arm. On receipt of the said injuries, Bal Singh (PW-4) fell on the ground. Then Roop Kaur (appellant No.3) inflicted a 'chhavi' blow from its reverse side to Bal Singh (PW-4) on his back, followed by two 'chhavi' blows from its sharp side which hit on the right and left arms of Bal Singh (PW-4). In the meantime, Joga Singh, an uncle of Sukhdev Singh complainant (PW-3), Malkiat Singh and his brother Bawa Singh reached at the spot and tried to intervene. Sukhwinder Singh (applicant/appellant No.2) gave a kirpan blow to Joga Singh on his left shoulder. He also inflicted a 'kirpan' blow to Bawa Singh on the fingers of his left hand. Roop Kaur inflicted a 'chhavi' blow on the right arm of Bawa Singh. Gurdip Singh (died during trial) fired shots from his official carbine which hit Malkiat Singh (deceased) on his back as a result of which he fell on the ground. Gurdip Singh (died during trial) then fired at Sukhdev Singh (complainant PW-3) which hit him on his left shoulder and right thigh. They raised an alarm of 'Maar Ditta Maar Ditta'. Jagtar Singh and Surinder Singh were attracted with the alarm that was raised and they came at the spot. The accused then ran away from the spot with their respective weapons. The injured were taken to the Civil Hospital, however, Malkiat Singh succumbed to his injuries on the way.

(3.) Learned Senior Counsel appearing for the applicants/appellants No. 1 and 2 Gajjan Singh and Sukhwinder Singh respectively has contended that it is a case of cross-version in which as many as 10 injuries were suffered by Gurdip Singh (died during trial). A reference has been made to the deposition of Dr. Gurmit Singh (DW-3) who medico-legally examined Gurdip Singh (died during trial). It is also submitted that Sukhwinder Singh (applicant/appellant No.2) also suffered injuries in the occurrence. The said injuries, it is submitted, have not been explained by the prosecution and that in fact the incident had occurred in the house of the applicants/appellants No.1 and 2 which is just opposite the house of Bal Singh (PW-4).