KARAM SINGH Vs. NIRMAL SINGH

JUDGEMENT

(1.) This judgment shall dispose of above-mentioned set of 4 appeals and a revision petition. The details of which are stated herein under:

(2.) The matter arises out of FIR No.6 dtd. 4/6/2001 registered at Police Station Kot Ise Khan, under Ss. 307, 447, 148, 149 IPC and 27 of the Arms Act lodged at the instance of Ikattar Singh (Akatar Singh), wherein he alleged that on account of land dispute, the accused, namely, Nirmal Singh, Shamsher Singh, Gurdev Singh, Kewal Singh, Ajit Singh and Jassan Singh had inflicted injuries with the help of fire arms to the complainant (Ikattar Singh), Karam Singh, Daljit Singh and Karnail Singh. All the said six accused were tried by the Court of learned Additional Sessions Judge (Ad hoc), Fast Track Court, Faridkot. Vide judgment of conviction and order of sentence dtd. 12/8/2004, learned Additional Sessions Judge while convicting and sentencing two of the accused, namely, Nirmal Singh and Shamsher Singh to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.1000.00 each for an offence under Sec. 307 IPC, acquitted the remaining accused, namely, Gurdev Singh (since expired), Kewal Singh, Ajit Singh (since expired) and Jassan Singh of all the charges framed against them.

(3.) As noticed above, the accused, who were convicted, namely, Nirmal Singh and Shamsher Singh filed separate appeals i.e. CRA-S-1746-SB-2004 and CRA-S-2058-SB-2004 respectively challenging their conviction, whereas the State has filed two separate appeals i.e. CRA-S-254-SB-2005 seeking enhancement of sentence as imposed upon two convicts/accused, namely, Nirmal Singh and Shamsher Singh and CRM-A-551-MA-2004 seeking setting aside of acquittal of the remaining four accused, namely, Gurdev Singh (since expired), Kewal Singh, Ajit Singh (since expired) and Jassan Singh. Victim - Karam Singh has also preferred a separate revision petition i.e. CRR-693-2005 seeking enhancement of sentence as imposed upon two accused, namely, Nirmal Singh and Shamsher Singh and also seeking conviction of the remaining four accused, who have been acquitted by the trial Court.