KULDIP AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment shall dispose of all the three appeals mentioned above arising out of the same judgment of conviction dated 09.04.2007 vide which all the three appellants have been sentenced and convicted for the offences punishable under Sections 307, 323 read with Section 34 Indian Penal Code (hereinafter called 'IPC') and order on the quantum of sentence of the even dated vide which the appellants have been sentenced to undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs. 5,000/ - each, in default of payment of fine to further undergo rigorous imprisonment for a period of one year each for the offence punishable under Section 307 IPC. They were further sentenced to undergo rigorous imprisonment for a period of 3 months and to pay a fine of Rs. 500/ - each, in default of payment of fine to undergo rigorous imprisonment for a period of 15 days for the offence punishable under Section 323 read with Section 34 IPC.

(2.) THE brief facts giving rise to this prosecution are that complainant -Gurdeep Ram made his statement Ex.PD to PW -7 ASI Satpal Singh alleging therein that his brother Baljit was admitted in Civil Hospital, Nakodar on 01.10.2005 on account of suffering the injuries. On 03.10.2005 at about 7.00 P.M he was going from the hospital to his village Mahuwal for bring the food for his brother Baljit. His cousin Gora Lal told him that Kuldip was also to go Nakodar and he should accompany him on his motorcycle for carrying the food for Baljit. Complainant was standing outside of his house. At that very time appellant -Kuldip came on his motorcycle and asked him that the daughter in -law of his Aunt (Bua) is ill and after visiting her they will go to Civil Hospital, Nakodar. The complainant boarded the motorcycle of Kuldip and started towards village Ramuwal. When they reached on the bridge of canal ahead of village Mehma, it was about 7.30 P.M., Kuldip stopped the motorcycle on the bridge and asked that he is to answer the call of nature. While saying so Kuldip went on the payment of the canal and also asked him to follow him. Complainant also followed him and they had hardly covered 20 -25 yards, then Kuldip took out an Iron Sabbal (thick iron rod) and asked that he will not be spared today. In the meanwhile, appellant -Sabi @ Mohinder Singh armed with Datar and appellant -Sodhi armed with a Gandasi, who were already hiding there in the bushes came out and gave Lalkara that complainant should be killed today. Thereafter, all the three appellants encircled the complainant. Sodhi removed the Safa from the head of the complainant and put it in his neck. Kuldip and Sodhi dragged the complainant by holding the Safa. Thereafter Sabi @ Mohinder Singh gave two Datar blows slightly above the forehead of the complainant. He fell down on the ground. Thereafter, Sodhi gave two Gandasi blows on his forehead. Kuldip caused injuries with Iron Sabbal on his private parts. He raised alarm, hearing which his uncle Satpal was attracted. He also witness the occurrence. On seeing him all the three appellants fled away from the spot alongwith their weapons. On the statement of complainant Gurdeep Ram Ex.PD, FIR Ex.PD/2 was registered and the investigation was started.

(3.) ALL the three appellants were charge -sheeted for the offences punishable under Section 307, 323 read with Section 34 IPC to which they not pleaded guilty and claimed trial.