SARABJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is directed against impugned judgment of conviction and order of sentence dtd. 23/11/2004 passed by the Additional Sessions Judge (Adhoc) Fast Track Court, Hoshiarpur, whereby, appellant Sarabjit Singh has been convicted under Ss. 307 and 324 IPC and was sentenced to undergo rigorous imprisonment for a period five years and to pay a fine of Rs.2000.00 under Sec. 307 IPC and rigorous imprisonment for a period of six months and to pay a fine of Rs.500.00 under Sec. 324 IPC alongwith default stipulations, whereas, appellant Dharam Singh was convicted under Ss. 307/34 IPC and 324/34 IPC and was sentenced to undergo rigorous imprisonment for a period of five years and to a fine of Rs.2000.00 under Sec. 307/34 IPC and to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.500.00 under Sec. 324/34 IPC alongwith default stipulations.

(2.) As per the case of the prosecution, at about 06.00 p.m. on 15/2/2003, Kulwant Singh complainant was present near tea shop and he saw that Sarabjit Singh son of Jagir Singh resident of village Bhagowal and Sarabjit Singh son of Major Singh resident of village Sultanpur Lodhi, who were coming from their houses to bus stand. On seeing them, Sarabjit Singh @ Sabha son of Dharam Singh hurled abuses on them and Sarabjit Singh son of Jagir Singh asked him not do so. On this Sarabjit Singh @ Sabha gave a Kirpan blow to Sarabjit Singh son of Jagir Singh, which hit him on his forehead. After that, Sarabjit Singh @ Sabha also gave Kirpan blow to Sarabjit Singh son of Major Singh, who had intervened to save the injured, namely, Sarabjit Singh son of Jagir Singh and the blow hit on his forehead. Sarabjit Singh @ Sabha, accused, ran way from the place of the occurrence alongwith his weapon. Two injured were shifted to the hospital, where, they were medico-legally examined. Two injuries were found on the person of Sarabjit Singh son of Jagir Singh and one was found on the person of Sarabjit Singh son of Major Singh, brother-in-law. Both the MLR were prepared on 15/2/2003 after getting medical aid, Sarabjit Singh son of Major Singh, injured had gone to his house whereas another injured Sarabjit Singh son of Jagir Singh was referred to Dayanand Medical College and Hospital, Ludhiana for his treatment. The rukka was received in the police station and ASI Ram Kumar visited DMCH Ludhiana on 17/2/2023 and sought the opinion of the doctor with regard to the fitness of injured Sarabjit Singh son of Jagir Singh and he was declared unfit to make the statement. As a consequence, the statement of Kulwant Singh was recorded and the FIR in the present case was registered.

(3.) In order to bring home the guilt of the appellants/accused, the prosecution examined 10 witnesses.