LADHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against judgment and order dated 9.4.2002 passed by Additional Sessions Judge, Ferozepur whereby accused- appellants were convicted for the offence under Sections 304 (Part II)/325/324(1)/323/148 read with Section 149 IPC and were sentenced as follows :-

(2.) PROSECUTION case against the accused-appellants is that on 16.9.1994 at about 7.00 p.m. Giano Bibi wife of Kashmir Singh accused came to Sandhu Singh and demanded share of the land to be given to her husband Kashmir Singh. Sandhu Singh, father of Teja Singh refused to oblige her on which she left for the house of her parents. After a short while, Ladha Singh armed with a dang, his son Mehal Singh armed with dang, Tehal Singh armed with a gandasi, Kala Singh armed with a gandasi, Kashmir Singh, Dessa Singh and Lahora Singh, all sons of Buta Singh, armed with dangs, Gurnam Singh son of Inder Singh armed with Dang and some others reached there while raising lalkara that they would teach a lesson to Teja Singh for not giving due share of the land to their daughter Giano Bibi and attacked them. Tehal Singh inflicted a gandasi blow, which hit complainant's mother, Dano Bibi on her head. Two dang blows were given by Ladha Singh hitting Wazir Singh, one on the head of left side and the right on his right upper shoulder. Gurnam Singh inflicted dang blow, which hit Wazir Singh on his head in the right side and further dang blow was given by Mehal Singh, which hit Wazir Singh on his right leg. Accused Kala Singh gave gandasi blow, which hit Teja Singh on his head and further dang blow was given by Kashmir Singh, which hit Teja Singh on the back side. Another gandasi blow given by Kala Singh hit the complainant on his left shoulder. Accused Joginder Singh also reached there on tractor.

(3.) THE case was registered on the statement of Teja Singh for the offence under Sections 304/325/324/323/148 read with Section 149 IPC against 13 persons. They also faced trial. However, the trial Court found the case against Bagicha Singh and Gurnam Singh son of Mehal Singh not proved. They were acquitted. All other eleven accused-appellants were convicted and sentenced as aforesaid. Hence this appeal.