KAMALJIT SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused Karnail Singh, Baldev Singh, Sukhwinder Kaur and Kuldip Singh faced trial under Sections 307, 326, 324 and 323 read with Section 34 of the Indian Penal Code. Accused Sukhwinder Kaur who stood principally charged under Sections 326 of the Indian Penal Code was acquitted of the charge. No appeal was preferred by the State as against such acquittal recorded by the trial Court.

(2.) Accused Baldev Singh and Karnail Singh were charged under Sections 324 of the Indian Penal Code. Kuldip Singh was convicted under Section 324 read with Section 34 of the Indian Penal Code. Karnail Singh and Baldev Singh were also convicted under Sections 324 read with Section 34 of the Indian Penal Code. Karnail Singh had died and as a result of which the appeal qua Karnail Singh abated on 8.4.2015. The remaining accused were convicted under Section 326 read with Section 34 IPC.

(3.) The brief case of the prosecution is that when PW2 Joginder Singh, the complainant in this case, was irrigating his fields, accused Karnail Singh objected to the act of PW2. Karnail Singh raised a lalkara. Immediately thereupon, accused Baldev Singh armed with Takwa, Kuldip Singh armed with Gandasi and Sukhwinder Kaur armed with Kirpan came over there. Karnail Singh gave Takwa blow on the head of PW2 Joginder Singh. Joginder Singh raised an alarm which attracted his sons PW3 Kulwant Singh and PW7 Harvinder Singh. Baldev Singh gave Takwa blow on Harvinder Singh on the right side of his back. Sukhwinder Kaur inflicted Kirpan blow on the left leg and left hand of Kulwant singh.