JOGINDER SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been directed against the judgment of conviction and order of sentence dated 22.1.2003 passed by the Additional Sessions Judge, Bathinda whereby the appellants have been convicted and sentenced for commission of offence punishable under Sections 307, 325, 323, 148 and 447 of the Indian Penal Code (in short "IPC"), detailed hereinbelow: - -

(2.) THE facts relevant for disposal of the present appeal noticed from the judgment of the trial court are that on 20.9.1995, Jangir Singh, complainant got recorded his statement (first information) that his father are four brothers and eldest of them is Ajmer Singh and the youngest is Banta Singh. All of them are residing separately and doing agriculture. They owned 26 acres of land. Nidhan Singh, his grand father had 9 1/2 acres of land and land of Puran Singh (brother of his grand father) was cultivated by them. Puran Singh used to reside at Patiala and he passed away about six years ago. The sale deed of land of Puran Singh was got executed by Joginder Singh and his sons namely Bara Singh, Tarjit Singh, Malkiat Singh and Jit Singh residents of village Chak Ram Singhwala but possession of land is with them (complainant party). Civil cases are pending at Talwandi Sabo and Bathinda. The land was being cultivated by Janta Singh, Banta Singh and his uncle Sher Singh.

(3.) ON the basis of statement of complainant, ruqa was sent to the Police Station on the basis whereof, formal FIR was registered. The investigating officer visited the hospital to know condition of the injured but the doctor declared the injured unfit to make statement. He went to the spot, prepared rough site plan Ex. P.W. 11/A, lifted blood stained earth and plain earth and converted it into separate parcels and took the same into possession. On 21.9.1995, statement of injured victims were recorded in the hospital after they were declared fit except injured Kulwant Kaur. Blood stained clothes of injured were taken into possession vide separate memos. On 22.9.1995, statement of Kulwant Kaur was recorded in the hospital. The accused were arrested in the case, weapons of offence and tractors were recovered and taken into possession. The injury sustained by Kulwant Kaur was declared to be dangerous to life on 16.10.1995 and offence under Section 307 IPC was added. On completion of investigation, challan was presented in the Court for commencement of trial.