SHAMSHER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANTS along with their co -accused had faced the trial qua commission of offence punishable under Section 307, 324, 323, 34 of the Indian Penal Code, 1860 ('IPC' for short) in FIR No. 72 dated 22.5.1999, registered at Police Station Baghapurana. Prosecution story, in brief, is that on 21.5.1999, at about 6.00 P.M., complainant Harpal Kaur and her husband Jagtar Singh were working in their fields. Darshan Singh and Surjit Kaur were working in the adjoining fields. In the meantime, Shamsher Singh, cousin brother of Jagtar Singh, armed with spear, Amarjit Singh -appellant, armed with kirpan and another person armed with dang came there and said that they would teach a lesson to Jagtar Singh for getting the land released. Shamsher Singh gave a spear blow on the left side of the abdomen of Jagtar Singh. Amarjit Singh gave a kirpan blow on the right side of the abdomen of Jagtar Singh. The third person gave a dang blow on the left side of the head of Jagtar Singh. As a result of this, Jagtar Singh fell on the ground with his face downward. Shamsher Singh gave a spear blow on the left side of the back of Jagtar Singh whereas Amarjit Singh gave a kirpan blow on the right side of back of Jagtar Singh. On an alarm raised by the complainant, Darshan Singh and Surjeet Kaur reached the spot. Thereafter, the assailants left the spot along with their respective weapons.

(2.) AFTER completion of investigation and necessary formalities, challan was presented against the accused. Charge was framed against the accused under Section 307, 324, 323, 34 IPC vide order dated 6.10.2003. In order to prove its case, prosecution examined 14 witnesses during trial.

(3.) APPELLANT Shamsher Singh when examined under Section 313 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short), after the close of prosecution evidence, prayed as under: -