BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) As identical questions of law & facts are involved, therefore, I propose to decide the above indicated criminal appeal & criminal revision, arising out of the same impugned decision of conviction & order of sentence, by virtue of this judgment, in order to avoid the repetition.

(2.) The crux of the facts & evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant appeal & revision petition and emanating from the record, as claimed by the prosecution, is that on 29.8.1998, complainant Kirpal Singh (PW1) (for brevity "the complainant"), his brother Baldev Singh (PW2) and their father Niranjan Singh (PW3) were going towards their village on the tractor, bearing registration No.PB-12-4380. Baldev Singh was driving the tractor. At about 7.30 P.M. as soon as, they reached near the Government tubewell (place of occurrence), in the meantime, accused Baljinder Singh (since deceased) son of Karnail Singh raised a lalkara that they be taught a lesson for leveling the false allegations of theft of motor against them. Thereafter, accused Karnail Singh son of Mansha Singh armed with a wooden scraper (Phohra), appellant Balbir Singh alias Fauji son of Jasmer Singh armed with a gandasi, his brother appellant Harbans Singh armed with a pitchfork (Salanga) reached there.

(3.) The case of prosecution further proceeds that thereafter accused Karnail Singh placed a wooden scraper (Phohra) blow on the head of Baldev Singh, whereas appellant Harbans Singh gave a pitchfork (Salanga) blow, which hit in his (Baldev Singh) stomach. Appellant Balbir Singh gave a gandasi blow on the forehead of complainant. They raised a noise, which attracted Didar Singh and other villagers. On seeing them, all the accused fled away from the place of occurrence with their respective weapons. The injured PWs were removed to Civil Hospital, Kurali, where they were medico legally examined. In the background of these allegations and in the wake of statement (Ex.PA) of the complainant, the present criminal case was registered against the appellants and their other co-accused, vide FIR No.56 dated 10.9.1998 (Ex.PA/1), on accusation of having committed the offences punishable under Sections 307, 323 and 324 read with Section 34 IPC by the police of Police Station Morinda, District Ropar in the manner depicted here-inabove.