GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Both the above appeals have arisen out of judgment of conviction and order on dated 03.03.2004, rendered by Additional Sessions Judge, Bathinda. Both are proposed to be decided by this common order passed in Crl. Appeal No. 600-SB of 2004.

(2.) The factual matrix. Prosecution in this case was launched at the instance of PW2 Khushdial Kaur, who alleged that on the night intervening 12/13.09.2000 accused Gurcharan Singh and Dhira Singh, armed with kirpans entered their house after scaling the wall and opened the main door of the house through which accused Kashmir Kaur, her mother Joginder Kaur and three unknown persons trespassed into their house. Dhira Singh and Gurcharan Singh gave kirpan blows to her father Natha Singh; Kashmir Kaur and Joginder Kaur and one unknown person started giving fist blows to her mother Nirmal Kaur. The other two unknown persons picked up her nephews, Amninder Jit Singh and Avarinder Jit Singh and ran away from the spot. The injured were brought to the hospital for treatment.

(3.) It is relevant to mention here that accused Kashmir Kaur was married to Bhupinder Singh, brother of complainant Khushdial Kaur. A case under Section 306 IPC was registered against Kashmir Kaur for abetting suicide by Bhupinder Singh. Amninder Jit Singh and Avarinder Jit Singh are their sons. There was a custody dispute between the grand parents Natha Singh etc. and mother Kashmir Kaur over the custody of the children. On the basis of statement made by Khushdial Kaur, FIR No. 123 dated 13.09.2000 was registered under Sections 307, 364, 450, 323, 148 and 149 IPC at Police Station Rampura Phul. After investigation challan against six persons, namely, Gurcharan Singh, Dhira Singh, Joginder Kaur, Kashmir Kaur, Mukhtiar Singh and Gurbaz Singh.