LAKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Learned counsel for the State has filed affidavit of Mr. Daljit Singh Bhatti, PPS, Superintendent, Central Jail, Amritsar mentioning the period of imprisonment undergone by Gurmej Singh son of Banta Singh (applicant/appellant No. 3). The same is taken on record.

(2.) The criminal miscellaneous application has been filed seeking suspension of sentence of imprisonment of Gurmej Singh son of Banta Singh (applicant/appellant No. 3) during pendency of the appeal.

(3.) FIR in the case has been registered on the statement made by Mahabir Singh complainant before SI Baj Singh on 06.09.2010. According to the complainant Mahabir Singh, he is son of Partap Singh (deceased in the case). The complainant on the date of incident, i.e. 06.09.2010, along with his father Partap Singh (deceased) were walking back to their home after having a round of their fields. The grandfather of the complainant namely Dalbir Singh was also following them. When they reached near the village pond, the complainant noticed that Gurlal Singh (accused No. 1) armed with a sword, Gurmej Singh (Gursewak Singh @ Ganju @ Gurmej Singh son of Balwinder Singh - since declared proclaimed offender) armed with a 'gandasi', Manjinder Singh @ Mintoo (accused No. 7) armed with a 'dattar',Tinda @ Jatinder Singh (accused No. 6) armed with a 'gandasi', Baljinder Singh @ Marra (accused No. 3) (appellant No. 2) carrying a 'dang', Lakhwinder @ Khindoo (accused No. 2) (appellant No. 1) armed with a 'dattar', Gurmej Singh son of Banta Singh (applicant/appellant No. 3) and Prabhjit Singh (appellant No. 4) both unarmed were present at the side of the pond. When the complainant and his father crossed that area it was about 06:00 p.m., then accused Gurmej Singh (applicant/appellant No. 3) and Prabhjit Singh (appellant No. 4) jointly raised a 'lalkara' that Partap Singh be caught hold of and their disputes should be settled with him and he should be done away with then and there. In the presence of the complainant, Gurlal Singh (accused No. 1) inflicted a sword blow to Partap Singh which landed on the upper portion of his right arm. Gurmej Singh (Gursewak Singh @ Ganju @ Gurmej Singh son of Balwinder Singh - since declared proclaimed offender) gave three blows with his 'gandasi' to Partap Singh on his head. Manjinder Singh @ Mintoo (accused No. 7) also gave 'dattar' blows to the father of the complainant which landed on his left bicep and just below his right eye. Tinda @ Jatinder Singh (accused No. 6) also gave a 'gandasi' blow which landed on his right palm. Lakhwinder Singh @ Khindu (accused No. 2) inflicted 'dattar' blows which landed on his right lower leg and left side of his chest. Partap Singh raised an alarm which attracted Dalbir Singh (PW2) at the spot who also tried to intervene, but accused Prabhjit Singh (appellant No. 4) and Gurmej Singh (applicant/appellant No. 3) caught hold of Dalbir Singh from his arms. Baljinder Singh @ Marra (appellant No. 2) inflicted 'dang' blows to Partap Singh which hit him on the right side of his face. Khindoo @ Lakhwinder Singh (appellant No. 1) inflicted 'dang' blows which hit on left lower leg, left thumb and left elbow. When the complainant tried to rescue his father Partap Singh, then all the assailants scared him away and threatened him of dire consequences if he dared to come forward. The complainant then ran towards his house and disclosed about the occurrence to his mother Ravinder Kaur. Then both of them, i.e. the complainant and his mother, immediately rushed to the spot and found Partap Singh lying injured on the ground while the assailants had left the place with their respective weapons.