HARJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment shall disposed of CRA -S -415 -SB -2002 and CRR -1182 -2002, which have arisen out of the common judgment of conviction and the order of sentence passed by the learned Additional Sessions Judge, Ferozepur.

(2.) THE appellants, namely, Harjinder Singh, Bhupinder Singh, Major Singh (who died after filing of the appeal), Dalip Kaur and Gurvinder Kaur, have challenged the judgment of conviction and the order of sentence dated 5.3.2002, whereby they were held guilty by the learned Additional Sessions Judge, Ferozepur and ordered to undergo the following sentences: <FRM>JUDGEMENT_1035_TLP&H0_2013.htm</FRM> All the substantive sentences were ordered to run concurrently. The weapons of offence were confiscated to the State. 2. The prayer in the criminal revision petition, filed by the injured -Balbir Singh, is for enhancement of the sentence. Though there is no specific prayer with regard to grant of compensation, but there is mention to that effect in para No. 4 of the grounds of revision as well as oral submissions were also made by the learned counsel for the petitioner.

(3.) THERE arose a land dispute amongst Balbir Singh and Manjit Kaur on the one side and the appellants on the other. On 18.8.1996, at around 7:00 p.m., when Manjit Kaur (PW2) along with her husband Balbir Singh (PW3) were pillion on the scooter of Gurpal Singh (PW4) and reached near a turning point on the metalled road, then Harjinder Singh (appellant No. 1) armed with an axe (Ex. MO -1), Major Singh (appellant No. 2, since deceased) with a wooden -rafter (Ex. MO -2), and Bhupinder Singh (appellant No. 3) armed with a Daang (Ex. MO -3) surfaced there. The persons riding the scooter were forced to alight and thereafter Balbir Singh (PW3) and Gurpal Singh (PW4) along with their scooter were dragged to a Haweli, situate at a distance of about