GURDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Gurdip Singh @ Janta accused-appellant has directed the present appeal against the judgment and order dated 11.7.2003 passed by Shri K.R.Mahajan, Additional Sessions Judge (Adhoc), Patiala vide which Gurdip Singh @ Janta accused-appellant stood convicted under Section 307 of the IPC and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.3000/- whereas acquitted accused Labh Kaur and Rattan Singh from the charges levelled against them.

(2.) Briefly stated the prosecution case is that Paramjit Singh made statement to ASI Darshan sigh that he is a truck driver. He has three brothers and one sister. His elder brother namely Butta Singh is married and the wife of Butta Singh gave birth to a male child and on 6.7.2002 he came to his home for attending function on account of birth of child. At about 7 p.m., the complainant and Jeeta Singh of his village were going to take bath on his motor bore engine and when they passed near the house of Rattan Singh, then Rattan Singh, his son Gurdeep Singh @ Janta and his wife Labh Kaur were standing at the gate of their house. On seeing them, they uttered some filthy language and started abusing them. When he tried to go from there, they again abused and also restrained them there. Jeeta Singh ran away from the spot. Rattan Singh and his wife caught him and Gurdeep Singh @ Janta had given a kirch blow on his chest which was in his hand. He fell down on the ground and raised a raula 'mar ditta mar ditta'. On hearing alarm Mohinder Singh member Panchayat son of Diwan Singh and Kirpal Singh came at the spot and on seeing them accused Rattan Singh and Labh Kaur went inside their house and accused Gurdeep Singh ran away from the spot along with kirch. All the accused gave threats while leaving the spot. Statement of the complainant was recorded on the basis of which ruqa was sent to the police station and on the basis of which FIR was recorded. After completion of the investigation challan against the accused Gurdeep Singh was presented.

(3.) Charges under Sections 307/323 IPC were framed against the accused to which he pleaded not guilty and claimed trial. Later on Labh Kaur and Rattan Singh were summoned as additional accused on filing of application under Section 319 Cr.P.C. Accordingly, all the accused were charged under Sections 307, 323, 34 IPC, to which they pleaded not guilty and claimed trial. The prosecution in order to bring home guilt of the accused examined Paramjit Singh (PW-1), Dr. Varinder Verma (PW-2), Indresh Khanna (PW-3), Kirpal Singh (PW-4), Dr. Rakesh Sohan (PW-5), ASI Darshan Singh PW-6 and the evidence of the prosecution was closed by order of the Court.