GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellants faced trial in FIR no. 99 dated 17.08.1998, registered at Police Station Mamdot, District Ferozepur, under Sections 307/452/324/323/34 IPC and were sentenced to the following punishment: -

(2.) THE appellants have challenged their conviction and sentence imposed upon them in this appeal.

(3.) BOHAR Chand injured is a labourer. His wife Anaitan and six children reside in village Tibbi Kalan. On 17.08.1998 at 6:00 A.M., the entire family was at home. The allegations are that Gurcharan Singh @ Channa armed with a Kirpan, Puran Singh armed with a Gandasa, Mangal Singh armed with a Gandasa, Bakshish Singh armed with a Sumba, Joginder Singh armed with a rifle and Maura Singh entered the complainant's house. Joginder Singh and Maura Singh raised a lalkara that Bohar Chand should be taught a lesson for stopping his wife Anaitan from lifting cow -dung from the house of Gurcharan Singh. Gurcharan Singh gave a Kirpan blow on the head of Bohar Chand. Puran Singh inflicted a Gandasa blow on the fore -head upon which Bohar Chand fell down. The family raised alarm. In the meanwhile, Mangal gave a gandasa blow on the upper part of the left arm of Bohar Chand. Joginder inflicted injuries on the right arm & back with the butt of the gun. On hearing the cries, Resham Singh, a neighbourer came running and all of them started crying for help and the accused ran away with their weapons. The motive indicated by the complainant was that Anaitan used to clean the house of Gurcharan Singh and Gurcharan had a evil eye on her and ten days earlier, she had stopped going for work. The accused were threatening both of them and had asked Anaitan to rejoin work and having failed to join work, the accused came and caused injuries to Bohar Chand.