RANDHIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of the above mentioned two criminal miscellaneous petitions i.e. Criminal Misc. No.M -11279 of 2013 filed by Randhir Singh, Ravi Kumar alias Biru, Sukhbir Singh alias Soni, Hemant Kumar and Lakhvir Singh alias Lakhi under Section 482 Cr.P.C. for quashing of FIR No.259 dated 10.6.2009 for the offences under Sections 307, 323, 148 and 149 IPC registered at Police Station Sadar Patiala, District Patiala (Annexure -P.1) and Criminal Misc. No.M -24547 of 2013 filed by Rajinder Singh alias Raju, Kesar Singh, Amrik Singh and Jaswinder Singh alias Shami for quashing of cross -version registered for the offences under Sections 323, 324, 341, 427, 148 and 149 IPC in FIR No.259 dated 10.6.2009 (Annexure -P.2) on the basis of compromise.

(2.) THE case FIR was registered on the statement of Kesar Singh that when he came out of his house and noticed that Biru, Sony, Lakhi, Randhir Singh and Himmat Singh armed with 'Dangs' were abusing in front of their house. Complaint's brother objected to it and Biru gave a straight sword blow on the right side of Rajinder Singh's stomach. He fell down and blood started oozing out of the injury. While he was lying on the ground, the other accused gave him stick and 'Dang' blows. The complainant and his brother Bhupinder Singh saved Rajinder Singh from the assailants. Rajinder Singh was admitted in Rajindra Hospital, Patiala for treatment, from where he was referred to PGI, Chandigarh, as the injury was grievous.

(3.) CROSS -version was recorded on the statement of Ravi Kumar wherein he stated that on 9.6.2009 at 9.30 p.m., he and Sukhbir Singh were going towards Fathepur side from Sanaur towards Rajpura on the bullet motorcycle of Sukhbir. Then there was quarrel in front of the house of Kesar Singh. Kesar Singh, Shami, Raju, Amrik Singh and Malkiat Singh were fighting. When they went near to them, Amrik Singh raised 'Lalkara' to see Soni and Veeru also. Amrik Singh was having 'Kirpan' and Shami was having 'Vada Chuju' and others were having rods and Bas stocks. Amrik Singh gave a 'Kirpan blow on the complainant, which hit on the back side of his head and Shami gave knife blow, which hit on his head. Then Raju gave rod blow, which hit on the back side of right shoulder and Kesar Singh gave a rod blow on the left side of his left arm and they gave many injuries to Sukhbir Singh.