DILBAGH SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have challenged the judgment dated 10.07.2006 passed in criminal case No. 87/03.07.1999/12.06.2004 passed by the Judicial Magistrate Ist Class, Amritsar and judgment dated 21.07.2007 passed in Criminal Appeal No. 49 of 2006-07 passed by the Additional Sessions Judge, (Adhoc) Fast Track Court, Amritsar the Judicial Magistrate sentenced both the petitioners as under:-

(2.) Brief facts of the case is that there is rift between two sets of family members namely Dilbagh Singh and Balkar Singh(petitioners). Balbir Singh and his children namely Harpal Singh (injured)/victim and Gurjinder Singh (brother of injured) in respect of storing manure by the petitioners in the field of victim. On 12.03.1999, the petitioners stated to have clashed with victim and his other members of the family. During the free fight Ist petitioner at the instigation of 2nd petitioner threw acid on the victim-Harpal Singh thereby caused multiple injuries on the victim-Harpal Singh. Balbir Singh gave a complaint on 12.03.1999. The same was investigated and FIR was filed on 31.03.1999 against the petitioners under Section 307 read with Section 34 of IPC in FIR No. 42, dated 12.03.1999 Police Station Sarai, Amanat Khan.

(3.) On 03.07.1999 challan was filed and the case was committed to Sessions Judge, Amritsar on 23.08.1999. On 04.10.1999 the Sessions Judge, Amritsar held that offence is not made out under Section 307 IPC. Consequently, the matter was referred back to Judicial Magistrate Ist Class, Amritsar. On 10.07.2006 Ist petitioner was sentenced under Section 324 of IPC and the 2nd petitioner was sentenced under Section 324/34 of IPC.