DILBAGH SINGH @ BAGGA AND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CRIMINAL Appeal No. 258 -SB of 1993 filed by Dilbagh Singh and Criminal Appeal No. 267 -Sb of 1993 filed by Surinder Kumar, Bablu Singh and Rajinder Kumar arise out of the same judgment dated 12.7.1993 by which the Appellants were convicted and sentenced for having committed offences punishable under Sections 324, 326, 34 IPC.

(2.) THE facts of the case are that on 20.7.1991 at about 8.00/8.30 P.M., Chanchal Kumar complainant was coming from Chander Nagar towards Nali Mohalla on a scooter being driven by him. Sat Pal was a pillion rider. When they reached near the Marudir known as Sundianwala, all the four accused (Appellants) were found standing there near the electric pole and the electric light was on. Dilbagh Singh accused was known to Chanchal Kumar earlier. He gave a signal to Chanchal Kumar complaint for stopping the scooter. Chanchal Kumar stopped the scooter. Dilbagh Singh accused demanded the scooter from him, but Chanchal Kumar refused to oblige him. On this, Bablu Singh Appellant caught hold of Chanchal Kumar from his neck from behind while Dilbagh Singh Appellant gave a knife blow hitting him in his abdomen. Other two accused caught hold of Sat Pal. Rajinder Kumar Appellant gave a knife blow to Sat Pal hitting him on the left armpit and the second knife blow hit him on his thigh. Chanchal Kumar raised an alarm "Marditta Marditta", upon which all the accused Appellants ran away along with their weapons. In the meantime, Gian Chand reached there and he shifted both the injured to New Dayanand Medical College and Hospital, Ludhiana. The statement of Chanchal Kumar was recorded on 23.7.1991 at about 8.00 P.M., and the present case was registered. After investigation, the Appellants were challaned.

(3.) IN support of its case, the prosecution examined Chanchal Kumar complainant as PW -1; Sat Pal injured as PW -2; ASI Mohinder Singh, the investigating officer, as PW -3; Harminder Singh, Draftsman, as PW -4; Dr Gurpreet Singh Brar as PW -5; Dr Swapan Sood, Senior Resident Medical Officer, as PW -6. This witness had conducted the medico legal examination on the persons of Chanchal Kumar PW -1 and Sat Pal PW -2. ASI Harjinder Singh appeared as PW -7 and the prosecution evidence was closed.