PARAMJIT SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of two criminal appeals i.e. have arisen out of common judgment dated 30.10.2003 as well as order of quantum of sentence dated 31.10.2003 passed by learned Additional Sessions Judge, (Fast Tract Court), Kapurthala, whereby the appellants in both the appeals were convicted under Section 148, 307, 506/149 IPC and have been sentenced to undergo maximum sentence of seven years along with payment of fine.

(2.) AS per the case of the prosecution, on 11.10.2001, the complainant Sarabjit Singh along with Kuljit Kumar son of Kundan Lal were going to High School of Village Bhopa Rai for weight lifting practice, as both of them were kabaddi players. They were on a scooter which was being driven by Kuljit Kumar and the Sarabjit Singh, complainant, was sitting pillion. It was at about 5.45 a.m., Balwinder Singh, accused, who was following them on scooter, all of a sudden took his scooter in front of the scooter driven by Kuljit Kumar near the sugarcane field of Resham Singh and stopped him. Then, accused Ajit Singh and Bagicha Singh, Kulwant Singh and Gurwant Singh, who were armed with dangs, along with accused Pammi and Bhima, armed with dangs fitted with iron nail (sua) and accused Paramjit Singh armed with kirpan, came out of the sugarcane field. Accused Ajit Singh raised lalkara that Kuljit Kumar should not be spared and he be taught a lesson for filing a case against them. Accused Paramjit Singh also threatened Sarabjit Singh to kill him if he wanted to save Kuljit Kumar. Then, Kulwant Singh gave two dang blows on the right leg of Kuljit Kumar. Balwinder Singh brought an iron road from his scooter and struck it on the head of Kuljit Kumar, as a result of which, Kuljit Kumar fell down on the ground and accused Bhima gave 5 blows of dangs fitted with iron nails on his left leg. Then, accused Pammi, Gurwant Singh, Ajit Singh, Bagicha Singh repeatedly gave blows on various parts of the body of Kuljit Kumar. In the meantime, Jaswinder Kumar, the elder brother of Kuljit Kumar, who was going towards the fields to answer the call of nature, came to the spot and witnessed the occurrence. He requested the accused to spare his brother, at which, the accused left the spot along with their respective weapons. The injured was shifted to Civil Hospital, Begowal by Jaswinder Kumar and Manoj Kumar, from where, he was referred to Civil Hospital, Kapurthala. The injured was medically examined and 30 injuries from blunt weapon were found on his person, out of which, injury no.6 was declared grievous while others kept under observation. On receipt of M.L.R., ASI Gurmukh Singh visited the Civil Hospital, Kapurthala, but the doctor declared the patient unfit to give statement. In the evening, while ASI Gurmukh Singh along with other officials were present on the naka at Village Kumravan, then Sarabjit Singh, complainant met him and got his statement recorded, on the basis of which, the FIR was registered. On receipt of x -ray report, injuries No. 7, 10, 29 and 30 were declared grievous while other injuries were declared simple.

(3.) FINDING prima facie case being made out against the accused -appellants, learned Additional Sessions Judge framed charges against all the accused, who pleaded not guilty and claimed trial.