FAKIRIA RAM AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal directed by Fakiria Ram and Naib Singh against the judgment and order dated 28.07.2003 passed by Sh. Surinder Gupta, Addl. Sessions Judge, Patiala, vide which the accused -appellants have been convicted under Sections 325, 323 read with Section 34 of the Indian Penal Code and were sentenced to undergo imprisonment and fine as under: -

(2.) THE facts as gathered from the record are that on 24.09.2000 at about 7.30 a.m., the complainant and his father Lal Bahadur went to their bara and the father of the complainant told Sarban Ram that his sons are committing excesses by planting the saplings in the area of the bara of the complainant. At this Fakiria, his son Binder armed with soties, kala and Naibu armed with iron rods came there. Sarban Ram raised a lalkara to catch the complainant and to teach him a lesson for lodging the protest. In the meanwhile, Fakiria gave soti blow on the head of the complainant. Kala Ram gave blow with his iron rod on the head of Raj Rani. Binder gave blow with the soti in his hand on the head of Lal Bahadur. Naibu hit the head of Santosh Rani with his iron rod. Thereafter, the accused encircled the injured and started causing injuries to them. Kicks were also given in the abdomen of Lal Bahadur while he was lying on the ground. The people gathered at the spot, the accused ran away alongwith their respective weapons after giving threat to teach a lesson to the complainant in future.

(3.) THE prosecution, in order to bring home guilt of the accused examined PW -1 Dr. Baljit Kaur, M.O., PW -2 Rajinder Kumar, PW -3 Raj Rani, PW -4 Dr. Sukhbir Singh Chauhan, M.O., PW -5 Dr. Navdeep Kaur, PW -6 Lal Bahadur, PW -7 Harinder Singh Patwari, PW -8 HC Sohan Singh, PW -9 Harwinder Singh SI, PW -10 Dr. R.K. Girdhar M.O. and closed the prosecution evidence.