SHAMSHER SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of CRA -S -1048 -SB of 2003 titled 'Shamsher Singh v. State of Punjab' and CRA -S -1179 -SB of 2003 titled 'Munish Kumar v. State of Punjab' as challenge in both the appeals is to the judgment of conviction and order of sentence dated 08.04.2003 passed by learned Additional Sessions Judge (Adhoc), Fast Track Court, Ludhiana, whereby appellants have been convicted under Sections 307/34 IPC. Shamsher Singh has been sentenced to undergo rigorous imprisonment for seven years and fine Rs. 1000/ - under Section 307 IPC, in default of payment of fine to further undergo rigorous imprisonment for three months. Munish Kumar has been sentenced to undergo rigorous imprisonment for seven years and fine Rs. 1000/ - under Section 307/34 IPC, in default of payment of fine to further undergo rigorous imprisonment for three months.

(2.) THE factual matrix on which the prosecution version is founded is to the effect that complainant Sandeep Singh made a statement to the police on 22.03.2000 that on 21.03.2000, he along with his friend Jagtar Singh had gone to pay obeisance at Shiv Temple, Doraha on scooter bearing No. PB -55 -7902. After paying obeisance, they were going towards Bazar. Complainant Sandeep Singh was driving the scooter whereas Jagtar Singh was pillion rider. When they reached just ahead of the temple at about 7.45 p.m. both the appellant/convicts waylaid them. Munish Kumar raised lalkara that complainant party should not be spared upon which Shamsher Singh gave a gandasi blow on the left side of head of Jagtar Singh with an intention to kill him. Jagtar Singh and complainant raised alarm which attracted Gursharan Singh and in the meantime, appellants ran away from the spot along with gandasi. Injured was taken to Sidhu Hospital, Doraha, from where he was referred to DMC & Hospital, Ludhiana. Motive for the occurrence is alleged to be previous altercation between the complainant party and the appellants which had taken place on the day of Holi, however, compromise was effected with the intervention of the respectables. After the completion of investigation, challan against the appellants was presented in the Court and charges under Sections 307/34 IPC were framed to which the appellants pleaded not guilty and claimed trial.

(3.) STATEMENTS of the appellant/convicts were recorded under Section 313 of the Code of Criminal Procedure. The accused denied all the incriminating circumstances appearing against him in prosecution evidence and claimed to be innocent. In defence Lali was examined as DW -1, an employee of the flour mill, who deposed that on 21.03.2000 no occurrence took place in front of the said flour mill.