NARINDER KUMAR AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present appeal against judgment of conviction dated 29.11.2003 and order of sentence of even date whereby the appellants were convicted and sentenced for the commission of offences punishable under Sections 307, 323, 324 and 325 read with Section 34 IPC, by Additional Sessions Judge, Fast Track Court, Kapurthala.

(2.) Relevant facts of the case that complainant Siri Ram reported the matter to the police and dispute was primarily regarding opening of windows and ventilator and the accused persons objected to that. Civil suit was also pending between the parties. On 10.01.2000, Narinder Kumar was raising construction and the complainant along with his brother Darshan Lal, nephew Rajiv Kumar and one Harish Kumar had gone to the site in dispute to show the stay order to Narinder Kumar accused. At that time, Narinder Kumar was armed with knife, Girdhari Lal (since deceased) armed with iron rod and Rajinder Kumar also armed with knife and started raising 'lalkara' and abusing the complainant. Narinder Kumar gave knife blow on the left side of the neck of the complainant whereas Girdhari Lal gave iron rod blow on the left shoulder of the complainant. Rajiv Kumar tried to rescue the complainant and Girdhari Lal gave iron rod blow on the right hand little finger and right arm to Rajiv Kumar. Rajinder Kumar also gave one iron rod blow on the right hand of Rajiv Kumar. Narinder Kumar gave knife blow on the right hand of Rajiv Kumar. Narinder Kumar gave knife blow on the left side of Jaw and neck of Rajiv Kumar while Narinder Kumar also gave rod blow on the head of Rajiv Kumar. Complainant and injured raised hue and cry, which attracted residents of the are. Injured were taken to Civil Hospital, Kapurthala for treatment. Accused persons fled away from the spot along with their respective weapons. Investigation proceedings were completed.

(3.) During trial of the case, learned trial Judge completed the various proceedings of the trial including framing of charge, recording of statement of prosecution witnesses, examination of accused under Section 313 Cr.P.C., recording of defence evidence and after appreciating the prosecution version and defence version held the appellants-accused guilty and convicted and sentenced them. Hence, the present appeal before this Court.