KARTAR SINGH & OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Aggrieved by the judgement of conviction and sentence passed by the trial Court, the accused have preferred CRA-S-1376-SB of 2001. The complainant aggrieved by the quantum of sentence has filed CRR-292- 2002 praying for enhancement of punishment. Accused Kartar Singh had died and as a result of which the appeal qua accused Kartar Singh abated.

(2.) PW2 Lekh Raj, the complainant, PW4 Bharawan Bai, the mother of the complainant and PW5 Milakh Raj, the other brother of the complainant are the injured witnesses in this case. It is their testimony that on 24.6.1994 at about 4.00 a.m. when PW2, PW5 and others were proceeding for digging a bore, accused Kartar Singh, Gurbachan Singh, Rattan Singh and Bhupinder Singh alongwith many other persons were found transplanting paddy in the fields of PW2. Accused Sukhdev Singh was driving a tractor at that point of time. PW2 and his companions prevented the accused party from transplanting paddy in the fields of the complainant. All the accused who were armed with gandasa and sticks attacked the complainant party. Accused persons tied the complainant alongwith his brothers and mother with a rope and put them into trolley of tractor with an intention to kill them. The accused also went on inflicting injuries on PW2, PW4 and PW5 and others. Earlier, Goma Ram, father of PW2 and PW5 was kidnapped by accused Kartar Singh and others and got an agreement for sale forged. FIR was registered based on the complaint given by Goma Ram.

(3.) PW1 Dr.J.C.Garg medico-legally examined PW2, PW4 and PW5 and issued medical reports. PW1 also medico-legally examined accused Gurbachan Singh and found one grievous injury on his person and issued MLR Ex.D1.