MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners-accused Mohinder Singh, Devinder Singh and Randhir Singh (hereinafter referred to as 'the petitioners') have called in question the judgment dated 8.11.1993 passed by the learned Additional Sessions Judge, Ludhiana, accepting the appeal qua Hardial Singh, whereas dismissing their appeal against the judgment dated 8.5.1992 passed by the Judicial Magistrate Ist Class, Ludhiana, convicting the accused under Sections 323/325/326 read with Section 34 IPC and sentencing them accordingly.

(2.) THE prosecution story in brief is that on 14.11.1988, Mohinder Singh armed with gandasi, Devinder Singh, Hardial Singh and Randhir Singh armed with lathi came. Hardial Singh exhorted to teach them a lesson for making false allegations of theft of fan. Mohinder Singh petitioner inflicted two gandasi blows on the head of Gurnam Singh and Hardial Singh inflicted dang blow on his left arm. When the complainant Ajaib Singh and his nephew Jaswant Singh tried to save them, then Randhir Singh inflicted dang blow on his right thigh and Devinder Singh petitioner inflicted a dang blow on his left thigh and left shoulder, and fled away.

(3.) CONSEQUENTLY , they were tried, convicted and sentenced accordingly.