KARTAR SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants, namely, Kartar Singh, Gurdip Singh and Jarnail Singh were tried for committing offences punishable under Sections 307/324/323 IPC. Vide judgment and order dated 13.10.2003, learned Additional Sessions Judge (Ad hoc), Patiala convicted them for the aforementioned offences and sentenced them as below :-

(2.) All the sentences were ordered to run concurrently.

(3.) As per the prosecution, on 30.6.2000 at about 00 p.m., the complainant-Avtar Singh alongwith his father Hardial Singh was present in their field at village Harchandpura. While Hardial Singh was sitting on the common watt of their field and that of Kartar Singh-appellant, he himself was preparing the fields for transplanting paddy crop with the help of tractor. His servant Karamjit Singh was also present there, who was placing the waste of the wheat crop on the common watt. Kartar Singh came there and complained to them that they were damaging his paddy crop. However, they told them that they had not caused any damage. Kartar Singh started abusing them and left for the village saying that he alongwith others would return soon. At about 5.00 p.m., Kartar Singh alongwith his son Gurdip Singh and Jarnail Singh, while armed with gandasis came to the fields. At that time, Karamjit Singh left for the village to feed the cattle. Kartar Singh appellant gave a gandasi blow from its sharp side hitting on the head of complainant's father Hardial Singh. Gurdip Singh appellant gave a gandasi blow on the backside of the head of his father. Jarnail Singh appellant also gave a gandasi blow from its sharp side on the left eye of his father. As a result, his father fell down. He raised an alarm. Kartar Singh then ran towards him and gave a gandasi blow on his head. Gurdip Singh gave a gandasi blow above his ear. Jarnail Singh gave a gandasi blow on his left upper arm. He also fell down on the ground. Gurdip Singh gave a gandasi blow from its reverse side hitting near his left shoulder. In self-defence, the complainant and his son caused injuries to Avtar Singh and his father Hardial Singh.