SALAMDIN AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this common judgment, I intend to dispose of Criminal Appeal No.1212 -SB of 2003 titled as Salamdin and others versus The State of Punjab and Criminal Appeal No. 1227 SB of 2003 titled as Jashandeep Singh versus State of Punjab as both these appeals have arisen out of the same incident, judgment and order. For convenience, facts are being taken from Criminal Appeal No.1212 SB of 2003 titled as Salamdin and others versus The State of Punjab.

(2.) Salamdin and others accused-appellants have directed the present appeals against the judgment and order dated 13.6.2003 passed by learned Additional Sessions Judge, Fast Track Court, Sangrur vide which they have been convicted under Sections 148, 326, 324 read with Section 149 of the IPC and accused Salamdin was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.2000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of nine months under Section 326 of the IPC whereas accused Kaimdin, Jashandeep, Raj Kumar and Hanif were sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.2000/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of nine months under Section 326 read with Section 149 of the IPC each. Accused Salamdin was further sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.500/- and in default of payment of fine to further undergo rigorous imprisonment for a period of three months under Section 324 of the IPC. Accused Kaimdin, Jashandeep, Raj Kumar and Hanif were further sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.500/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of three months under Section 324 read with Section 149 of the IPC each. However, all the sentences were ordered to run concurrently.

(3.) The case of the prosecution in brief is that on 21.1.1998 Bashir had brought cart loaded with fodder and when he reached in the street, Salamdin accused along with matador was standing there. Bashir asked him to park matador at some distance. Thereupon, Salamdin and his father Kaimdin accused abused him and stated that this matador would be parked here and nobody could move it. Then, both the accused went away abusing Bashir. Bashir parked his cart in his outer house, but after sometime, Salamdin and Kaimdin came in white Maruti car bearing registration No.PB 55/6604. There was street light and after parking the car in front of the house of Bashir, both the accused started abusing him. He came out of the house and saw that accused Salamdin was armed with gandasa, while accused Kaimdin, Jashandeep, Raj Kumar and Hanif were armed with soties. All of them came out of the car and started abusing Bashir. Bashir and his son Rashid came out. Rashid was ahead of Bashir, then accused Salamdin gave Gandasa blow on the head of Rashid towards left side and he fell down. Bashir raised alarm. Rashida daughter of Bashir also came out of the house and then Hanif accused gave Soti blow on her head, while Jashandeep accused gave two soti blows on her right hand. When Bashir PW tried to save her, Salamdin accused gave Gandasa blow on his head on the back side and he gave another gandasa blow on the back of neck from its sharp side. Accused Kaimdin gave Soti blow on the head of Bashir towards front side. In order to save himself his son Rashid and his daughter Rashida, Bashir PW gave soti blows to Kaimdin and Jashandeep accused on their back and the accused then ran away. Balli Shah Mohammad Ismail MC and Salim were also present there and they saw the whole occurrence. The injured were then taken to Civil hospital, Malerkotla. ASI Bahadur Singh reached the hospital and recorded statement of Bashir injured. On the basis of aforesaid statement, FIR was registered. Investigation commenced. Accused were arrested. Medico legal examination of the injured was also got conducted. After completion of investigation, challan was presented against the accused.