HARDIAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE court of learned Additional Sessions Judge (Adhoc), Amritsar through judgment of conviction and sentence dated 10.1.2003 has convicted the present appellants whereas Jassa Singh alias Jaswant Singh who was placed in column No. 2 and was summoned under the provisions of section 319 Cr.P.C was found not guilty. The present appellants were sentenced as under: -

(2.) THE background of this occurrence which took place on 1.6.1998 around 8 PM in the area of village Manochahal is a land dispute between accused and injured complainant Harpinder Singh. It is alleged by the prosecution that on the day of the occurrence Hardial Singh armed with a gandasi, Atma Singh armed with kirpan, Bachittar Singh armed with 12 bore DBBL gun, Malkiat Singh and Jassa Singh armed with dangs countered the complainant side while they were going to fields for serving food to their senior family members and on raising of lalkara of Hardial Singh, Bachittar Singh is alleged to have fired twice towards Harpinder Singh and Jagdish Singh which did not hit them and it is further the case of the prosecution that the accused chased them in the disputed fields and Bachittar Singh fired shot from his gun hitting the right leg of Jagdish Singh who fell down and thereafter in the scuffle gun was broken and thereafter the injured was rushed to hospital where they were medically examined on 3.6.1998 leading to the registration of the present FIR Ex. PA/3 on the basis of statement of injured Harpinder Singh. The alleged weapons were also recovered.

(3.) THE accused were charged for commission of offences under sections 148/307/324/323/149 IPC. The prosecution examined injured complainant Harpinder Singh PW1, injured eye witness Balkar Singh PW2, Rishi Ram Draftsman PW3, Rajinder Singh PW4, Dr. KK Singh PW5, another eye witness Jagdish Singh PW6, Investigating Officer SI Gurdev Singh PW7, Constable Satnam Singh PW8, HC Jaspal Singh PW9. Report of Forensic Science Laboratory Ex. PAA and report of Chemical Examiner Ex. PZ were also tendered.