RAJINDER SINGH & ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CRIMINAL Appeal Nos.701 -DB, 671 -DB, 696 -DB of 2003 have been filed by various appellants to challenge the conviction and sentence recorded against them by the Additional Sessions Judge, Bathinda on 7.8.2003 and Criminal Revision No.2350 of 2003 has been filed by the complainant for enhancement of sentence awarded to the appellants.

(2.) INVESTIGATION in the case was started on an application being made by Chhoto daughter of Bachittar Singh of village Kamalu before the Senior Superintendent of Police, Bathinda asserting that on 19.11.1989, at about 7.00 A.M., she along with her brother Shiv Raj Singh and his wife Balbir Kaur, was present in the fields situated in the revenue estate of village Bangi Kalan, where they had constructed a house, when Jagdish Singh, Hardip Singh sons of Kaur Singh, Rajinder Singh Jaggar Singh sons of Sewa Singh, Sewa Singh son of Amar Singh, Mander Singh son of Chhota Singh, Sandhura Singh son of Bachan Singh, Gurdip Singh son of Kheta Singh and Tari son of Naranjan Singh all residents of village Kamalu came there on a jeep and tractor. All of them were armed with deadly weapons including double barrel guns. Out of fear. Shiv Raj Singh had hidden himself in a room meant for storage of Toori (Chaff) but all these persons had set ablaze the said room with the result that Shiv Raj Singh came out of the room whereafter he was kidnapped by them with an intention to kill him. The matter had been reported in Police Station, Raman, but no action had been taken as the accused are influential. It was further asserted in the aforesaid application that while leaving the spot, these assailants had taken away 14 Kgs. of cotton, 2 Kgs. of Kinnus, cement, girder etc. and, therefore, a case under Sections 364,436,379,148 read with Section 149 of the Indian Penal Code and 25 and 27 of the Arms Act was registered.

(3.) THE Additional Sessions Judge framed charges under Sections 148, 364, 302, 379 and 427 read with Section 149 of the Indian Penal Code against accused, namely, Sewa Singh, Jagdip Singh, Gurjit Singh, Kuljit Singh, Sarabjit Singh, Harjinder Singh, Avtar Singh, Hardip Singh, Jit Singh and Ajaib Singh and when they pleaded not guilty to the charge, the prosecution was called upon to lead its evidence.