BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred by the appellants against the judgment of conviction dated 3.6.2003, vide which they were held guilty and convicted for the offences punishable under Sections 324 and 324 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and the order of sentence of even date vide which appellant Gian Singh was released on probation of good conduct, whereas appellants Balwinder Singh and Sarup Singh were sentenced to undergo rigorous imprisonment for a period of two years and to pay fine of Rs. 500/- each and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months each for the offence punishable under Section 324 IPC. They were also awarded similar sentence for the offence punishable under Section 324 read with Section 34 IPC. Both the sentences were ordered to run concurrently.

(2.) The present case was set up as a cross-case to the main case titled as "State v. Karnail Singh and Others" under Section 307 IPC, FIR No. 24 dated 19.3.1997, Police Station Sultanpur Lodhi, District Kapurthala.

(3.) As per the prosecution allegations, the present appellants along with their co-accused Teja Singh, Krishna and Surjit Singh (since acquitted) formed an unlawful assembly while armed with deadly weapons. Appellant Gian Singh gave a kirpan blow on the left side of forehead of complainant-Karnail Singh. He also gave a kick blow to the complainant while he was lying on the ground. Appellant Sarup Singh gave a gandasi blow to the complainant which hit on the right side of his forehead and appellant Balwinder Singh gave a stick blow which hit on the left kneecap of the complainant. The occurrence was witnessed by Didar Singh, Charan Singh and Satnam Singh. The motive for the occurrence was the land dispute between appellant Gian Singh and PW.3 Mohan Singh about the partition of the shamlat land. 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 submitted in the Court. The case was committed to the Court of Sessions for trial by the learned Judicial Magistrate, Sultanpur Lodhi, apparently may be due to the reason that it was the cross-case of the case titled as "State v. Karnail Singh and Others" under Section 307 IPC.