MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appeal in hand has been preferred by the appellants, namely, Malkiat Singh and Avtar Singh, to assail sustainability of the findings of guilt recorded against them by learned Additional Sessions Judge (Adhoc), Fast Track Court, Hoshiarpur, (hereinafter referred to as 'the trial Court') and their consequent conviction vide judgment and order dated 06.01.2003 for commission of offences under Sections 308/34, 325, 325/34, 323 and 341 of the Indian Penal Code (for short, 'IPC') and order of sentence of the same date awarding to each one of them rigorous imprisonment for four years under Sections 308/34 IPC, rigorous imprisonment for four years and a fine of Rs.1,000/ - and in default of payment of fine to further rigorous imprisonment for one month under Section 325, IPC, rigorous imprisonment for three years and a fine of Rs.500/ - and in default of payment of fine further rigorous imprisonment for fifteen days under Section 325/34, IPC, rigorous imprisonment for six months under Section 323, IPC, and rigorous imprisonment for one month under Section 341, IPC.

(2.) PROSECUTION story, put in brief, reveals that on 15.06.1999 at or around 01.30 p.m., Gian Singh son of Mela Singh (hereinafter referred to as 'the complainant') was returning from his fields to his house situated in New Colony Mukerian, on his scooter and when he reached little ahead of railway crossing at Mukerian, PW3 -Sujan Singh son of Santa Singh, who was coming from the side of Mukerian on his tractor, met him and crossed him. When the complainant reached near the turning of Dana Mandi, after crossing the tractor of PW3 -Sujan Singh, a Maruti car came there and stopped in front of the complainant's scooter. All the accused, in addition to driver, Sukhjit Singh, were riding that car. Pritpal Singh alias Ladda was sitting by the side of the driver. Malkiat Singh, armed with iron rod, and Avtar Singh armed with hockey, alighted from the car. Malkiat Singh raised a "Lalkara" saying that they would teach the complainant a lesson for purchasing land near their land and while so saying, he gave a iron rod blow on the head of the complainant with intention to kill him but the blow fell on the left arm of the complainant when he tried to ward off the blow. Avtar Singh administered a hockey blow on the back side of complainant's head. Complainant fell down from his scooter and raised alarm saying 'Mar Ditta Mar Ditta' (killed, killed). Still, both the accused continued inflicting injuries on the complainant with their respective weapons. Complainant sustained injuries on his right arm, forehead, hands, back and other parts of the body. In the meantime, PW3 -Sujan Singh reached the spot and witnessed the occurrence. Thereafter, all the accused ran away in the car carrying their respective weapons, as also turban and spectacles of the complainant, along. PW3 -Sujan Singh informed complainant's son Amandeep Singh and both of them took the complainant to Civil Hospital, Mukerian, where he was medically examined.

(3.) DOCTOR attending on the complainant sent an intimation slip (Exhibit PC) to the police station whereupon PW4 -ASI Sukhminder Singh, the Investigating Officer, reached the hospital, obtained doctor's opinion, Exhibit PE, declaring the complainant fit to make a statement, recorded his statement, Exhibit PA, and, after making his endorsement, Exhibit PA/1, thereon, forwarded the statement to the police station whereupon, a formal FIR (Ex.PA/2) was registered by ASI Karnail Singh. ASI Sukhwinder Singh went to the spot and prepared rough site plan, Exhibit PF, with correct marginal notes, and recorded statements of witnesses, besides arresting the accused, Malkiat Singh. Investigation then passed on to PW5 -ASI Resham Singh, who arrested other accused, namely, Pritpal Singh and Avtar Singh, in pursuance of Avtar Singh's disclosure statement, Exhibit PG, recovered iron rod, Exhibit P10, and prepared a rough site plan, Exhibit PH of the place of recovery. On completion of investigation, accused were challaned under Sections 308/325/323/341/34 of the Indian Penal Code (hereinafter referred to as "IPC").