MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of four connected Criminal Appeals i.e. CRA No.D -978 -DB of 2009, CRA No.D -980 -DB of 2009, CRA No.D -981 -DB of 2009 and CRA No.D -294 -DB of 2013 filed against the judgment and order dated 24.9.2009 passed by learned Additional Sessions Judge, Fatehgarh Sahib vide which accused Bhupinder Singh @ Gandhi, Gurmail Singh @ Soni, Rajinder Singh alias Roda and Malkiat Singh were convicted and sentenced as under : <FRM>JUDGEMENT_481_LAWS(P&H)3_20141.htm</FRM>

(2.) ALL the aforesaid accused have challenged their conviction and sentence by filing three separate appeals whereas complainant Pardeep Singh has filed Crl.Appeal No.D -294 -DB of 2013 challenging the acquittal of accused Bhupinder Singh @ Bhinder Singh.

(3.) THE case was registered on the statement of complainant Pardeep Singh made on 15.3.2008 sometime before 11.30 p.m. (Ex.PW4/A) to SI Surjit Singh. In the statement, Pardeep Singh stated that he is 10+2 pass. He is handicapped and use tricycle for travelling. On 15.3.2008 at about 7.30 p.m. in the evening, he came on tricycle to bus stand of Village Sangatpur Sodhia from Sirhind. Electric lights of the road side were glowing. From the opposite side, accused Bhupinder Singh @ Gandhi son of Amar Singh, r/o village Sangatpur Sodhian came to him (Pardeep Singh) and started arguing with him. He entered into verbal duel with him (Pardeep Singh) and called him lame (langra) and caught hold of him from his neck. Both of them started grappling with each other. In the meanwhile, accused Malkiat Singh s/o Ajmer Singh, accused Gurmail Singh alias Soni son of Netar Singh, residents of village Sangatpur Sodhian came there. All the three accused pushed Pardeep Singh to the ground from the tricycle. Pardeep Singh raised alarm "mardita mardita" on which his nephew Sharanjit Singh (deceased) came there. Rajinder Singh @ Roda son of Amar Singh, Bhupinder Singh alias Bhinder Singh son of Ajmer Singh (all accused) also came there. All the accused after leaving Pardeep Singh, started beating Sharanjit Singh (since deceased). Accused Bhupinder Singh @ Gandhi and Gurmail Singh alias Soni took out kirch from their loincloth and started causing injuries to Sharanjit Singh. Bhupinder Singh gave kirch blow in the abdomen of Sharanjit Singh and Gurmail Singh gave kirch blow in the right side of chest of Sharanjit Singh. Malkiat Singh and Rajinder Singh caught hold of Sharanjit Singh (since deceased) from his arms. Bhupinder Singh @ Bhinder Singh gave fist blows and the remaining two accused gave more kirch blows on the person of Sharanjit Singh. All the said five assailants kept beating Sharanjit Singh. Pardeep Singh raised alarm on which his cousin Avtar Singh (father of Sharanjit Singh) came running.