BABBA AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BABBA , Mukhtiar Singh and Sulakhan Singh (the appellants herein) were tried for commission of offences punishable under Sections 307, 324, 323, 506 and 34 of the Indian Penal Code, 1860 (here -in -after referred to as "IPC") and vide judgment/order dated October 20, 2003 have been convicted and sentenced by learned Additional Sessions Judge (Adhoc), Fast Track Court, Gurdaspur (here -in -after referred to as "the trial court") as under:

(2.) ALL the substantive sentences have been ordered to run concurrently and the period of detention during investigation and trial to be set off against the substantive sentences.

(3.) AS per prosecution story, complainant's son Jaspal Singh (since deceased), a mason by avocation, did not return home from his work on April 17, 1999. Searching for him, the complainant (PW2 -Ajit Singh) accompanied by his brother Samund Singh (PW), when reached bus stand of the village at or around 08.00 p.m., saw Jaspal Singh coming at a distance of 15/20 'karam' from him. Electric bulbs were on. Babba armed with a 'kirpan', Mukhtiar Singh armed with a 'datar' and Sulakhan Singh carrying a 'danda' descended on the scene. On being exhorted by Sulakhan Singh, Babba inflicted a 'kirpan' blow which fell on left side of forehead of Jaspal Singh. Mukhtiar Singh administered a 'datar' blow which landed on Jaspal Singh's chin. Jaspal Singh fell on the ground. Thereafter Sulakhan Singh inflicted 'danda' blows on left leg, right knee, left arm and left side of chest of Jaspal Singh. When complainant and Samund Singh (PW) raised an alarm appellants threatened to kill them if they attempted to come near them and made good their escape carrying their respective weapons along. A few persons converged on the scene. Complainant took injured Jaspal Singh home and being afraid of the assailants did not come out throughout the night or around 07.00 a.m. on April 18, 1999 Jaspal Singh was taken to Civil Hospital, Batala where Dr. Paramjit Singh (PW1) medico -legally examined him vide medico legal report ('MLR', for short), Exhibit PA. Later on Jaspal Singh was referred to and admitted in Guru Nanak Hospital, Amritsar and was treated there by Dr. Daljit Singh (PW4) vide Bed Head Ticket, Exhibit PW3/A, and was discharged on April 29, 1999. Jaspal Singh, unfortunately, died on June 06, 1999. However, prior to Jaspal Singh's death, complainant had filed a criminal complaint before the learned Area Magistrate, which was registered as Criminal Case No. 43 of June 09, 1999. In the complaint, in addition to description of the occurrence, it was also stated that Babba had a money dispute with Jaspal Singh and it was for that reason that the appellants, with a common intention to kill him, had inflicted injuries on the person of Jaspal Singh and that the police, though informed of the occurrence, did not proceed against the appellants.