(1.) THIS was an appeal preferred by appellants namely, Kashmira Singh and Sarmukh Singh, assailing the judgment of conviction dated 26.03.2004 and order of sentence dated 26.03.2004 recorded by learned Additional Sessions Judge (Adhoc), Ludhiana in case bearing First Information Report No. 77 of 2001 under Section 307, 324 and 34 of the Indian Penal Code (for short "I.P.C.") and Sections 29 and 30 of the Arms Act, 1959 (for short 'the Arms Act') registered at Police Station, Samrala.
(2.) AS per the story of the prosecution on 26.6.2001 at about 5.30 PM Darshan Singh son of Sunder Singh resident of village Dialpura, alongwith his son Hargurmukh Singh was making water channel with the help of a tractor since the matter regarding the water channel had been decided in his favour by the Court and the Panchayat. In the meantime, Sarmukh Singh armed with riffle alongwith his father Kashmira Singh armed with a spade reached the spot. Raising a lalkara Sarmukh Singh fired a shot from his riffle aiming at Hargurmukh Singh with an intention to kill him but the bullet whistle passed his ear. He fired again but missed the shot. When he was in the process of loading the riffle again with bullet/cartridge, Hargurmukh Singh jumped down from the tractor and caught him. Kashmira Singh then gave a spade blow aiming on the head of Darshan Singh but as Darshan Singh withdrew backward the blow hit on the toe and fingers of his left foot. Hearing the shouts Baljinder Singh s/o Sher Singh and Kesar Singh s/o Waryam Singh reached the spot. During the scuffle, the riffle of Sarmukh Singh, got broken. The wooden handle (Butt) came in the hands of Hargurmukh Singh and the remaining portion i.e. Barrel of the riffle remained in the hands of Sarmukh Singh. The assailants then fled away from the spot.
(3.) ANALYZING the evidence available on record and the submissions made by learned Public Prosecutor and learned counsel representing the appellants, learned trial Court finding the charges successfully proved against the appellants beyond the shadow of reasonable doubt, convicted and sentenced them as under: