RESHAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY way of this appeal under sub -section (2) of Section 374 of the Criminal Procedure Code, 1973 (CrPC, for short), the appellants challenge the judgment of conviction and order of sentence dated 09.04.2003, passed by learned Additional Sessions Judge (Adhoc) Fast Track Court, Ferozepur in Sessions case No.58 of 17.11.2001/Sessions Trial No.37 of 2003, convicting and sentencing the appellants as under: - <FRM>JUDGEMENT_413_LAWS(P&H)2_20141.htm</FRM>

(2.) FACT situation giving rise to the present appeal indicates that at or around 07 a.m., on 07.07.2001, on being called by appellant Resham Singh, Kashmir Singh, his father Teja Singh, brother Balwinder Singh came out of their house and found that appellant Resham Singh armed with a pickaxe (kahi), appellant Virsa Singh alisa Pappu empty handed and appellant Sahib Singh alias Sahba armed with a "dang", were standing outside the door of their house. appellant Virsa Singh alias Pappu used filthy language against Teja Singh and remarked that they had not returned their borrowed turn of water. Teja Singh replied that they had already returned the borrowed turn of water. Upon this, appellant Sahib Singh alias Sabha raised a lalkara that Teja Singh and his sons be taught a lesson for raising an arguments and for not allowing them their turn of water. Appellant Resham Singh promptly complied and inflicted a pickaxe blow, from its sharp -edged side, on Teja Singh's head. PW Kashmir Singh came forward to save Teja Singh. However, appellant Sahib Singh administered a dang blow on his left shoulder. PW Kashmir Singh fell down with his face downwards. Therafter appellant Sahib Singh inflicted one more dang blow on the back of his left shoulder. PW Kashmir Singh and his brother Balwinder Singh raised an alarm which made the assailants to flee from the scene, carrying their respective weapons along.

(3.) INJURED PWs Teja Singh and Kashmir Singh were taken to Civil Hospital, Ferozepur. On receipt an intimation from the said hospital, ASI Lekh Raj of Police Station, Sadar, Fazilka, reached the hospital and recorded the statement of PW Kashmir Singh. On the basis of the statement, a formal First Information Report was recorded. The injured PWs were medico legally examined, statements of the witnesses were recorded, spot of occurrence was inspected and site plan was prepared and on completion of investigation, a report in terms of sub -section (2) of Section 173, CrPC, was prepared and was presented before the learned Jurisdictional Magistrate, who, in view of the fact that offence of Section 307 of the Indian Penal Code, 1860 (in short, 'IPC') was triable by the court of session, committed the case to the court of session within the meaning of Section 209 CrPC.