GURPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dtd. 15/1/2009 and order of sentence dtd. 22/1/2009, passed by the Court of Additional Sessions Judge, Moga, whereby the present appellants were convicted for the offences punishable under Ss. 307, 323, 452, 148 and 149 and were sentenced to undergo as under:- Appellant Gurpreet Singh <FRM>JUDGEMENT_89_LAWS(P&H)6_2023_1.html</FRM>

(2.) The FIR in the instant case was got registered by Harinder Singh, injured, complainant by making a statement before the police to the effect that a katcha path was in existence for the last about 50 years in front of the house of Gurmail Singh, accused, which was leading up to the complainant's house. At about 06:15 P.M on 28/11/2005, the complainant was present at his house and his cousin Lovepreet Singh came running there. Gurpreet Singh, accused armed with a Kirch, Gurmail Singh, accused armed with dattar, Buta Singh accused armed with a dang (stick) and Harjinder Singh@Sony armed with a baseball bat followed him and entered his house. Gurpreet Singh, accused gave a blow with kirch on the right flank of the Lovepreet Singh, with an intention to kill him. When Mohinder Kaur, mother of Lovepreet Singh, came forward to rescue him, Gurmail Singh accused gave a dattar blow on her head from its reverse side. The complainant came forward and Butta Singh, accused gave a dang blow on his forehead. Soni, accused gave a baseball blow on his right arm. Lovepreet Singh, ran out from the back door after getting himself released from the clutches of the accused. Due to serious injuries suffered by him, Lovepreet Singh fell in their fields. They raised the noise to save them and on this Devinder Singh, brother of the complainant and Harinder Singh also came at the spot and on seeing them, the accused ran away from the spot. Since, dattar and baseball bat had broken, the same were left at the spot and the remaining weapons were taken away by the accused. The complainant along with Mohinder Kaur were admitted in the Civil Hospital, Dharamkot. Condition of Lovepreet Singh, injured was serious and he was referred from Civil Hospital, Moga to DMC and Hospital, Ludhiana. The motive behind the occurrence was that the accused wanted to close the passage leading to the house of the complainant. The statement of the complainant was recorded by ASI Jagdish Lal, who sent the ruqa to the police station and on the basis of the same, one formal FIR was registered against the accused.

(3.) After completion of the investigation, the challan was presented in the Court of learned Area Magistrate. Since the offence under Sec. 307 was exclusively triable by the Court of Sessions, the case was committed to the Court of Learned Sessions Judge and the charge under Ss. 307, 323, 452, 148 and 149 IPC was framed against the accused, to which they pleaded their innocence and claimed trial.