BRIJ LAL AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been preferred against the judgment of conviction dated 08.04.2004, vide which all the appellants have been held guilty and convicted for the offences punishable under Sections 326, 325 read with Section 34 of Indian Penal Code (hereafter called the 'IPC') and the order on quantum of sentence of the even dated vide which all the appellants have been sentenced as under: -

(2.) THE brief facts giving rise to this prosecution are that on the night intervening 22/23.04.2002, at about 12.30 a.m., injured -complainant Ajay Kumar along with his younger brother Sandeep Kumar and his maternal uncle Bharat Singh had gone to take a round of their fields. When they reached near 'kotha' constructed in their fields, the present appellants along with their co -accused Prem Kumar, Dhing Raj, Surinder, Krishan Kumar, Sanjay Kumar and Manoj Kumar (since acquitted) came there on a jeep and tractor armed with weapons. Appellant Brij Lal was armed with 'sword'. Appellant Sahib Ram was armed with a pistol. Appellant Gulab Ram was armed with 'gandasi'. Their co -accused were also having the weapons like 'gandasi' 'sword' and 'dang' (lathi). All the accused were identified due moonlit night. Appellant Sahib Singh raised 'lalkara' that Ajay Kumar should be done to death as the disputed land is their ancestral land. At this, appellant Brij Lal gave a 'sword' blow on his person, which landed on the right elbow of complainant Ajay Kumar. Gulab Ram gave a 'gandasa' blow from the reverse side on the right palm of the complainant. The complainant raised alarm. Bharat Singh and Sandeep Kumar tried to intervene. In the meantime, the complainant ran away from the spot. His brother Sandeep Kumar and his maternal uncle Bharat Singh also followed him out of fear. At this, Sahib Singh fired a shot from his pistol and they managed to take shelter in their house at village Panjkosi. Thereafter, complainant -injured Ajay Kumar was shifted to Civil Hospital, Abohar after arranging the vehicle where he was medico legally examined. The motive for the occurrence was stated that Bua (Father's sister) of the mother of complainant had executed a Will of her land in his favour and he was in cultivating possession of the said land. He was also the power of attorney of the said lady in her lifetime. Appellant Brij Lal etc. were asserting their claim on the said land and they wanted to take the possession thereof from the complainant. On receiving the information concerning the admission of Ajay Kumar in injured condition in the Hospital, ASI Surinder Kumar rushed to the hospital and after obtaining opinion of the doctor recorded the statement of Ajay Kumar Ex. PB. On the basis of which the formal FIR Ex. P.J. was recorded and the investigation started.

(3.) THE case was committed to the Court of Sessions for trial by the learned Judicial Magistrate 1st Class, Abohar, vide order dated 16.01.2003.