BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment shall dispose of two appeals on filed by Baldev Singh, Shingara Singh, Surinder Singh and Ujagar Singh and another by Gursewak Singh, Karora Singh, Gurcharan Singh, Kahla Singh and Harnek Singh. Baldev Singh, Shingara Singh, Surinder Singh and Ujagar Singh were convicted for offence under Section 308 IPC and sentenced to undergo RI for 4-1/2 yeas, whereas other accused i.e. Gursewak Singh, Karora Singh, Gurcharan Singh, Kahla Singh and Harnek Singh were sentenced to undergo RI for 3-1/2 years. Karora Singh accused was convicted for offence under Section 326 IPC and sentenced to undergo RI for 3-1/2 years and fine of Rs. 500/- and in default of payment of fine to further undergo RI for two months. Whereas all other accused i.e. Baldev Singh, Shingara Singh, Surinder Singh and Ujagar Singh were convicted for offence under Section 326/149 IPC and sentenced to undergo RI for 2-1/2 years each and pay fine of Rs. 500/- and in default of payment of fine to further undergo RI for two months. Further for offence under Section 148 IPC, these appellants were convicted and sentenced to undergo RI for two years.

(2.) AT the outset, Shri P.K. Gupta, counsel for the appellants had stated that Karora Singh and Ujagar Singh appellants have since died during pendency of the appeal.

(3.) IN the present case, on examination of Hardial Singh, as many as 21 injuries were found on his person. Some of the injuries were referred for X- ray examination, but found to be simple in nature. There were four injuries on the person of Harbans Singh, out of which three were simple. Injury No. 4 which was on distal part of the right middle finger was found grievous on X- ray examination. It had been attributed to Karora Singh accused.