SUKHDEV SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of two connected cases i.e. CRA No.S-1851-SB of 2002 and CRR No.2429 of 2002 arising out of the same judgment of conviction and order of sentence dated 18.10.2002 passed by learned Addl. Sessions Judge (Adhc.), Sangrur, whereby the appellants were held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of six months each under Section 148 IPC and further convicted and sentenced to undergo rigorous imprisonment for a period of three months each under Section 323 read with Section 149 IPC and they were further convicted and sentenced to undergo rigorous imprisonment for a period of six months each under Section 342 IPC. Appellant Sukhdev Singh was further convicted and sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 500/- under Section 325 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months, whereas appellants Baldev Singh, Paramjit Singh, Charan Pal Singh, Jit Singh, Ranjit Singh, Malkiat Singh and Kuldeep Singh were convicted and sentenced to undergo rigorous imprisonment for a period of six months each and to pay a fine of Rs. 500/- each under Section 325 read with Section 149 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months each. All the sentences were ordered to run concurrently.

(2.) Revision-Petitioner Bahadur Singh has filed CRR No.2429 of 2002 for enhancing the sentence of the accused-respondents and for convicting accused-respondents under Sections 364 IPC instead of Section 342 IPC.

(3.) The brief facts of the prosecution case are that FIR in the present case has been registered on the statement of Bahadur Singh dated 18.03.1997 made before ASI Najar Singh. As per prosecution case, complainant Bahadur Singh along with his brother Piara Singh was standing at bus stand Mehal Khurd in order to board a bus. Piara Singh, brother of the complainant, had gone to one side for passing urine and in the meantime Sukhdev Singh, Baldev Singh, Charan Singh, Kuldeep Singh, Paramjit Singh and Ranjit Singh came in a jeep being driven by relative of Kuldip Singh at about 8.30 A.M. Sukhdev Singh was armed with .12 bore DBBL gun and the other accused were armed with sotis and they started giving blows on the person of Piara Singh by means of sotis. Malkiat Singh and Jit Singh also came there and they also raised lalkara upon which Sukhdev Singh, Baldev Singh, Charan Singh caught hold Piara Singh from his legs, while Kuldeep Singh, Ranjit Singh, Jit Singh and brother-in-law of Kuldeep Singh caught hold of Piara Singh from the arms and put him in the jeep and went towards the fields. Out of fear, the complainant went towards the village. The said occurrence was also witnessed by Malkiat Singh and Banta Singh, who were also standing there. The motive behind the occurrence was that complainant purchased two kanals of land. Hari Singh and Lal Singh also purchased two kanals each and they had joint khata. Water course was demolished by Hari Singh but in pursuance of orders of the Court, it was got reconstructed. About two years back, security proceedings under Section107/151 Cr.P.C. were initiated against them. On the statement of complainant, case was registered under Sections 364, 323, 148 and 149 IPC against accused persons. During the investigation, conducted by ASI Najar Singh, he recovered Piara Singh from the custody of Sukhdev Singh when police party along with complainant and Jarnail Singh, Sarpanch went to the house of Sukhdev Singh. Sukhdev Singh and Paramjit Singh were arrested on the spot. Injured was referred to PHC Mehal Khurd. Rough site plan was prepared. Statements of witnesses were recorded. After necessary investigation challan was presented against the accused-appellants.