SADHA SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred by appellants Sadha Singh, Sukhwinder Singh, Madha Singh and Sucha Singh against the judgment of conviction dated 04.05.2004, passed by learned Additional Sessions Judge (Ad hoc), Fast Track Court, Gurdaspur, vide which they have been held guilty and convicted for the offences punishable under sections 148, 307/149, 324 and 323 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and the order on the quantum of sentence of the even dated, vide which they have been sentenced as under:- <FRM>JUDGEMENT_555_LAWS(P&H)12_2015_1.html</FRM>

(2.) The facts giving rise to this prosecution are that PW-3 Gurpal Singh injured-complainant made a statement Ex.PC to PW-9 ASI Chanan Singh alleging therein that on the night of 8th June, 2001, at about 12:00/12:30 A.M. (mid night), he went to his fields for starting the electric motor. When he reached near electric motor, he noticed that his tube-well was not working. He found that appellants Sadha Singh and Madha Singh were running their motor by illegally connecting the wires with electric connection of the complainant and they were irrigating their Chari fields. He asked Madha Singh and Sadha Singh to remove those wires as he was to irrigate his own fields. At this, Sadha Singh and Madha Singh, who were sitting on a cot, armed with Kirpan and Toka, got annoyed and started abusing him. An altercation took place between both the parties, hearing which, Charanjit Singh (proclaimed offender in the case) armed with a Kirpan, appellant Sukhwinder Singh armed with Toki and appellant Sucha Singh armed with Dang came there. Sucha Singh raised Lalkara that complainant should be caught hold and he should not be spared. At this Charanjit Singh gave a Kirpan blow on the backside of his head, then Sukhwinder Singh inflicted a Toki blow on the right side of his chest. Sadha Singh gave a Kirpan blow on the right shoulder of the complainant. Madha Singh gave a Toki blow on the backside of the head of the complainant and this blow further caused injury on the right shoulder of the complainant. Sucha Singh gave Dang blow on the back of the complainant. Thereafter, they caused other injuries on the body of the complainant with their respective weapons.

(3.) The Investigating Officer visited the place of occurrence and prepared the site plan of the scene of crime. The accused were arrested. During the investigation, co-accused Charanjit Singh was declared proclaimed offender. On receipt of the X-ray report and the medical opinion, the offences under sections 307/325 IPC were also added. On completion of the formalities of the investigation, the report under Section 173 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') was presented in the Court.