GURDEEP SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) In case bearing FIR No.26 of 06.03.2008, pertaining to Police Station Nathana registered under Section 326, 324, 148, 149 IPC, a cross version was registered against the complainant side on the statement of Jalaur Singh injured while he was admitted in Civil Hospital Nehian Wala on 07.03.2008 at about 8.30 p.m.

(2.) The precise allegations of this cross version are that Chhinderpal Kaur daughter of Jalaur Singh is married to Sukhmander Singh of village Burj Kahan Singh Wala, who has land dispute with his father and brother. Even on earlier occasion a fight had taken place between the two sides. The family of Chhinderpal Kaur had started residing at the house of Jalaur Singh in village Deon. It was further alleged that on 06.03.2008, Jalaur Singh along with Sukhmander Singh and Nacchater Singh armed with .12 bore SBL gun had gone to village Burj Kahan Singh Wala in a maruti car owned by the son-in-law bearing registration No. DL-2CE-0022 followed by a cab in which sons of Jalaur Singh namely Gurdep Singh armed with another .12 SBL and Gurtej Singh @ Teja were following them. It has been alleged that when they reached in the area between Bhucho Mandi and village Burj Kahan Singh Wala around 11.30-11.45 a.m. from the opposite side Harbans Singh and Tehal Singh both armed with Dangs, Kulwant Singh armed with Gandasa along with Shinder Kaur came on tractor trolley and stopped his vehicle in front of their car. At that juncture, the passengers of the car came out and on seeing them, it is alleged that Harbans Singh gave dang blow to Nachhatar Singh on the head followed by a blow of gandasa by Kulwant Singh to Gurdeep Singh, who tried to ward off hitting on his right hand whereas Tehal Singh accused gave a blow on the right arm of Nachhatar Singh. On account of this blow, gun of Nachhatar Singh fell and broke down ensued by grappling at which Gurdeep fired from his licensed gun and on hearing raula Gurmeet Singh and Jagrup Singh were attracted, who were armed with dangs and caused injuries to Gurdeep Singh and thereafter both these sides dispersed.

(3.) After necessary investigations, submission of challan and framing of charges, the prosecution in the cross version examined the following witnesses: