MAGHAR SINGH AND ANR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners, Maghar Singh and Gurmeet Singh @ Leela along with two others namely; Harvinder Singh and Balwinder Singh (since expired), were tried, convicted and sentenced to various terms of imprisonment and fine under Sections 326, 325, 324, 323 read with Section 34 of the Indian Penal Code, 1860 ('IPC' for short), vide judgment/order dated 03.12.2009, by the learned Judicial Magistrate, Class-I, Sunam (for short 'trial Court'). Criminal Appeal No. 73 of 24.12.2009, brought by the present petitioners and Ravinder Singh also failed and it was dismissed by learned Additional Sessions Judge, Sangrur (hereinafter referred to as 'appellate Court'), vide judgment dated 04.10.2013. To challenge the judgment dated 04.10.2013, petitioners are before this Court by way of the instant criminal revision, under Sections 397/401 of the Code of Criminal Procedure, 1973 ('Cr.P.C' for short). I have heard learned counsel for the petitioners.

(2.) Learned counsel for the petitioners submits that the findings recorded by the Courts below are perverse and are not backed by the evidence on the record. Case of the prosecution before the learned trial Court was that there was some dispute with regard to some land between the parties. On the day of occurrence i.e. on 30.06.2005, petitioner No.1 Maghar Singh armed with Ghop, Balwinder Singh armed with Axe, Harwinder Singh armed with Kahi and petitioner No.2 Gurmeet Singh @ Leela armed with stick rushed towards the complainant, namely; Chhota Singh, aged about 70 years and attacked him.

(3.) The matter was investigated into; challan was filed and charges were framed against the accused under aforesaid sections, to which they pleaded not guilty and claimed trial.