SANDEEP SAINI @ SEEPA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been directed against judgment dated 22.9.2003 passed by the Additional Sessions Judge (Ad hoc)Fast Track Court, Gurdaspur whereby the appellants have been convicted and sentenced for offence punishable under Sections 325, 324, 148 and 149 of the Indian Penal Code(for short "IPC"), detailed hereinbelow: - <FRM>JUDGEMENT_371_LAWS(P&H)3_2014.htm</FRM>

(2.) THE brief facts of the case are that statement of injured Sarjiwan Kumar was recorded by ASI Malkiat Singh on 7.10.1997. As per allegations, on 7.10.1997 at about 7.30/8 -00 a.m., Sarjiwan Kumar and his father Prem Chand were coming back from their fields after answering the call of nature. When they reached near house of Vidya Sagar Sarpanch, Surat Saini armed with datar, Seepa armed with daang, Laddi having pawa, Ghogi armed with iron rod, Vidya Sagar Sarpanch having daang and Bobby empty handed came there. Bobby raised a lalkara to catch hold of the complainant party and teach them a lesson for obstructing them from watching Ram Lila. Surat gave a dater below from its reverse side which hit the complainant on his head. Seepa gave a daang blow on his left arm. Laddi gave a pawa blow on right upper arm of the complainant and Vidya Sagar gave a daang blow on his left arm. Prem Chand, father of the complainant came forward to rescue him. Kalu armed with daang and Gurbax Rai empty handed came there. Gurbax Rai grappled with Prem Chand and Kalu and Seepa gave daang blows on right shoulder and upper back of Prem Chand, respectively. Surat and Bobby tried to drag the complainant towards their house but he raised hue and cry. In the meantime, Ram Murti son of Banarsi Dass and Roshan Lal, brother of the complainant arrived there. Ghogi and Seepa caught hold of Ram Murti from his arms and Vidya Sagar took datar from Surat and gave a datar blow on nose of Ram Murti.

(3.) FATHER of the complainant tried to intervene but Kalu dealt a datar blow on him which hit Roshan Lal on his head. Ghogi gave iron rod blow which hit Roshan Lal on his knee. On hearing alarm, Bhim Singh member panchayat, Ripan son of Som Raj came there. Accused fled away from the place of occurrence with their respective weapons. The motive behind the occurrence is that the complainant had been playing role of 'Ram' in Ram Lila and Ram Murti was the Stage Secretary. For the last 2 - 3 days, Surat, Rajesh @ Bobby and Ravinder @ Laddi used to commit mischief by intruding from the side left for women and that was objected by the complainant and Ram Murti.