SHAM SUNDER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SHAM Sunder injured preferred the instant appeal against the judgment of conviction and order of sentence dated 07.01.2009 rendered by the Additional Sessions Judge, Fazilka in case FIR No.34 dated 25.04.2014 registered under Section 307/34 IPC, P.S.Khuian Sarwar, whereby the accused respondent Nos.2 to 4 were convicted for the offence punishable under Section 325/450 IPC and sentenced to undergo for varying terms as mentioned in the order of sentence.

(2.) THE prosecution case was set in motion on the statement of Bal Krishan son of Sham Sunder made to ASI Jalandhar Singh on 25.04.2014. In his statement, Bal Krishan stated that he alongwith his father had gone to the house of Raj Kumar son of Bhagwan Dass at Village Diwan Khera to attend a party on 19.04.2014. Sandeep Kumar @ Lakhi and Jasvir Singh @ Kali both sons of Buta Ram, residents of Diwan Khera, with whom they have ideological differences, have also attended the said party. He further submitted that while dancing in the party, Jasvir Singh slapped him without any fault. Thereafter, he came to his house weeping followed by his father.

(3.) AT about 10.00 PM, when he alongwith his father; uncle namely Ram Chand and his son Surinder Kumar were talking while sitting in their house, Sandeep Kumar @ Lakhi, Jasvir @ Kali and their father Buta Ram each armed with wooden bala forcible entered in the courtyard of their house. He further stated that when his father tried to restrain them, Sandeep Kumar @ Lakhi gave a wooden bala blow on the head of his father, as a result of which, his father became unconscious and fell on the ground. On raising hue and cry, all the accused fled away from the place of occurrence alongwith their respective weapons. His father was admitted to Amba Hospital, Sri Ganganagar, where he was medico legally examined. The motive behind the occurrence was that Buta Ram etc. were under suspicion that the father of the complaint had thrown Taveet in their house and because of that whole of their family members remain sick. The family members of complainant tried to convince the accused, but to no effect and the accused nourished a grudge in their mind and due to this reason all the accused caused injuries to his father. On the basis of such statement, FIR was recorded against the accused respondent Nos.2 to 4. On completion of necessary formalities, the accused were made to stand trial for the offence punishable under Section 307/34 IPC.