SUNIL KUMAR AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellants-Sunil Kumar, Davinder Kumar, Gulshan Kumar alias Sonu and Narinder Kumar alias Pappu have filed this criminal appeal against the judgment of conviction and the order of sentence dated 8.1.2002 passed by learned Additional Sessions Judge, Kapurthala, whereby accused-Sunil Kumar has been held guilty and convicted for the offence under Section 324 of the Indian Penal Code (hereinafter referred to as 'IPC'). Accused-appellants Davinder Kumar, Gulshan Kumar and Narinder Kumar have been held guilty and convicted for the offence under Section 324 read with Section 34 IPC and accused-appellants Davinder Kumar and Gulshan Kumar have also been held guilty and convicted for the offence under Section 323 IPC. Sunil Kumar and Narinder Kumar have also been held guilty and convicted for the offence under Section 323 read with Section 34 IPC. However, all the accused have been acquitted for the offence under Section 148 I.P.C. Accused Channi alias Suresh Kumar has been acquitted by giving him the benefit of doubt. Sunil Kumar for the offence under Section 324 and Davinder Kumar, Gulshan Kumar and Narinder Kumar for the offence under Section 324 read with Section 34 IPC have been sentenced to undergo rigorous imprisonment for two years each and to pay a fine of Rs. 500/- each and in default of payment of fine to further undergo rigorous imprisonment for one month each. Davinder Kumar and Gulshan Kumar have been further sentenced to undergo rigorous imprisonment for six months each for the offence under Section 323 IPC and Sunil Kumar and Narinder Kumar have also been sentenced to undergo rigorous imprisonment for six months each for the offence under Section 323 read with Section 34 IPC. The substantive sentences have been ordered to run concurrently.

(2.) The brief facts of the prosecution case are that the FIR was registered on the statement Ex.PL of Satish Kumar, in which he stated that on 27.1.1996 he and his father Walaiti Ram PW-4 closed their shop and went to the shop of Harjinder Kumar to join the birthday celebration of Ajay Kumar. Harjinder Kumar had four shops in Mohalla Kasaban, on the first floor of which was his residence. One of the shops was in occupation of Harjinder Kumar, in which he was running a drapers business. The other three shops were on rent, one was with Davinder Kumar accused. At about 5.30 p.m. when Walaiti Ram and Satish Kumar were present at the residence of Harjinder Kumar, they heard a 'Raula', upon which they saw below that Harjinder Kumar and his tenant Davinder Kumar accused were quarreling with each other. Davinder Kumar was abusing Harjinder Kumar. Walaiti Ram tried to stop them from doing so, but he felt it and threatened to teach them a lesson for enticing his clients. Davinder Kumar had a drapers shop adjoining the shop of Harjinder Kumar. In the meantime, Davinder Kumar hurriedly went inside his shop and brought an iron metre gauge accompanied with Sunil Kumar armed with a knife, Sonu armed with a 'Saria', Narinder Kumar and Channi empty handed. Davinder Kumar raised a 'Lalkara' to catch hold of them and to teach them a lesson for enticing their clients. Sunil Kumar caused two blows with his knife on Walaiti Ram in his abdomen. Davinder Kumar caused a blow with the metre gauge hitting on the forehead of Walaiti Ram. When Satish Kumar came forward, Sonu caused two blows with 'Saria' on his left arm and left hand. Channi also caused them injuries. They raised 'Raula'. Harjinder Kumar, Narinder Kumar and their servant Harish Kumar rescued them. After necessary investigation, the challan was presented in Court.

(3.) On presentation of challan, the trial Court finding prima facie case against accused-appellants, framed charges for the offences under Sections 148, 307, 323 read with Section 149 IPC to which the accused pleaded not guilty and claimed trial.