SUKHDEV SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been preferred by the above -said appellants Sukhdev Singh and others against the impugned judgment and order of sentence dated 28.1.2003 passed by the Court of learned Additional Sessions Judge, Fatehgarh Sahib in criminal case bearing FIR No. 34 dated 22.9.1995, under Sections 323, 324, 325, 326, 307 read with Section 34 of IPC vide which the appellant Sukhdev Singh was convicted for the offence punishable under Section 326, IPC, whereas remaining two appellants were convicted for the offence punishable under Sections 326/34, IPC and sentenced thereunder.

(2.) THE story of the prosecution in brief before the learned trial Court was that on 21.9.1995, a wireless message was received by SHO, Police Station Amloh whereupon ASI Piara Singh, PS Amloh along with other police officials went to Civil Hospital, Fatehgarh Sahib for recording statement of injured Baldev Singh son of Bhagwant Singh. He sought opinion of the doctor for recording the statement of said injured, upon which, the doctor disclosed in writing that injured Baldev Singh has been referred to PGI, Chandigarh. Then said ASI Piara Singh along with other police officials reached at PGI, Chandigarh. After receiving ruqqa from Police Post, PGI, Chandigarh, he sought opinion of the doctor qua injured Baldev Singh and the doctor declared him unfit to make the statement. One Major Singh son of Achhra Singh, resident of village Mararu eyewitness to alleged occurrence met him in the hospital, who made his statement before him with regard to the occurrence in question which is detailed as under: -

(3.) AFTER hearing the learned counsel for both the parties and going through the record annexed with the challan, the learned trial Court came to the conclusion that a prima -facie case under Sections 307/323 read with Section 34, IPC had made out against the accused and as such they were charge -sheeted accordingly, to which, they pleaded not guilty and claimed trial.