JASWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of CRA-S-2501-SB-2007 and CRR-730-2008, as they both are interconnected matters and are arising out of the same judgment of conviction and order of sentence dtd. 4/12/2007. However, the facts are being extracted from CRA-S-2501-SB-2007.

(2.) Appellant - Jaswinder Singh, then aged 33 years, has filed present appeal against the judgment of conviction and order of sentence dtd. 4/12/2007, passed by the Ld. Additional Sessions Judge, Fast Track Court, Fatehgarh Sahib, in Sessions Case No.22-T of 2003/2007, arising out of FIR No.127, dtd. 22/9/2003, under Sec. 307/34 of IPC, registered at Police Station Bassi Pathana. Accused-appellant was held guilty for commission of offences punishable under Ss. 307/34 of IPC, and was ordered to undergo sentence(s), as detailed in the following table: <FRM>JUDGEMENT_151_LAWS(P&H)2_2023_1.html</FRM> 2. Accused (i) Jaswinder Singh, and (ii) Kirpal Singh, faced the proceedings in case FIR No.127, dtd. 22/9/2003, under Sec. (s) 307/34 of IPC, registered at Police Station Bassi Pathana, Distt. Fatehgarh Sahib. However, as per the note given on the preface of the impugned judgment, case of accused Kirpal Singh (main accused) was already sent to the Army Authorities for trial vide order dtd. 19/2/2004. Thus, trial in the present case was conducted against one accused i.e. Jaswinder Singh in Sessions Case No.22-T of 2003/2007.

(3.) Facts emerging from First Information Report (F.I.R.) are that on the statement of injured Gurpreet Singh s/o Susander Singh, r/o Balari Kalan, P.S. Sirhind, was recorded on 19/9/2003 that "he along with his brother Baldev Singh and relative Sodagar Singh had gone to village Main Majri to see the fair and at about 9.30 p.m., Jaswinder Singh of his village came to him and took him to inside on the pretext of some talk. Jaswinder Singh was under the influence of liquor at that time and his brother Kirpal Singh, who has come on leave from Military was also standing there. Jaswinder Singh then caught hold of him and Kirpal Singh gave knife blow which hit on his neck. Complainant Gurpreet Singh then raised alarm "Marta Marta", which attracted his brother Baldev Singh and his relative Sodagar Singh. The accused then ran away from the spot. Both Baldev Singh and Sodagar Singh took him to Civil Hospital, Fatehgarh Sahib for treatment. The motive behind the occurrence was that Jaswinder Singh every day was going near the house of complainant under the influence of liquor and he was stopped from doing so and due to this reason, they caused injuries to him. Beneath the said statement ASI Pritpal Singh made endorsement and sent the same to police station for recording of the FIR which was recorded by ASI Pakhar Ram. ".