JAI MOHINDRU AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellants Jai Mohindru and Ashish @ Rinku have filed this appeal against the judgment and order on sentence dated 26.03.2003 rendered by learned Additional Sessions Judge (Adhoc), Jalandhar, whereby, appellants along with co -accused Madan Lal @ Nikka and Narinder Bhalla were convicted. Accused Jai Mohindru and Madan Lal were convicted under Sec. 307 IPC and each one of them was sentenced to undergo RI for 5 years and a fine of Rs. 1,000/ -. In default of payment of fine, to further undergo RI for one year each. Co -accused Ashish @ Rinku was sentenced to undergo RI for one year and a fine of Rs. 10,000/ -. In default of payment of fine to further undergo RI for 6 months for the offence under Sec. 324 IPC. Co -accused Narinder Bhalla, who was below the age of 21 years on the date of commission of the crime, was given benefit of Probation of Offenders Act and was bound down for a period of two years for an amount of Rs. 5,000/ - by way of furnishing of probation bonds. He was also directed to deposit Rs. 10,000/ - as litigation expenses. Out of this amount, Rs. 5,000/ - was required to be paid to the State as litigation costs whereas Rs. 5,000/ - to the victim/complainant Dimpy Bahri, after expiry of period of appeal, if any. Remaining accused namely Varinder Kumar, Raju Bahri and Ajay Bahri were acquitted whereas all the accused were acquitted for the offence under Ss. 148,149 and 326 IPC as the same were not proved against any one of them. The convicts were found liable for their individual acts in this case.

(2.) Brief facts of the case are that Dimpy Bahri son of Rakesh Kumar Bahri, complainant is resident of Mohindru Mohalla and is running a confectionery shop there. On 25.03.1999 at 7.00 pm, complainant Dimpy alongwith his uncle Shakti Raj and cousin Ashu Bahri and Amit @ Bawa Bahri were coming back home after closing their shops. When they reached in front of their house, accused Jai Mohindru son of Vijay Mohindru, armed with a Kirpan, Ashish Kumar @ Rinku armed with a Kirpan, Narinder Kumar @ Lakha armed with 'Datar', Madan Lal @ Nikka armed with 'Datar', Raju Bahri armed with iron rod, Ajay Bahri armed with soda water bottle and Varinder Bhalla came there. Varinder Bhalla accused raised 'lalkara' that the 'Bahries' should be taught lesson and should not be allowed to go alive. On this, accused Mohindru gave Kirpan blows on the hand and head of complainant Dimpy and he fell down on the ground. Uncle of the complainant and his cousin came to save him but the accused persons gave sufficient Kirpan blows, 'Datar' blows, iron rod blows and soda water bottle blows which hit them on their face, head and arms. The injured persons raised alarm, which attracted uncle of Dimpy (his father's elder brother) and Bunty Chauhan son of Vijay Chauhan. When they reached there, the accused left the spot hurling abuses against them. All the four injured were got admitted by the uncle of complainant in Civil Hospital, Jalandhar. Ashu cousin of the complainant and his uncle Shakti Raj received serious injuries. Their condition had become serious and they were taken to DMC, hospital, Ludhiana on the advise of the doctor. On the basis of the complaint dated 25.3.1999 made by complainant Dimpy, FIR No. 33 dated 25.3.1999 under Ss. 323, 324, 326, 307, 148, 149 IPC was registered against the accused at Police Station Divn. No. 2, Jalandhar.

(3.) After completion of necessary investigations, challan was filed against the accused.