MAHARAJ AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants, namely, Maharaj, Baljit Singh, Kulwinder Singh and Sukhdev Singh were tried for committing offences punishable under Sections 307/326/323/34 IPC. Vide judgment and order dated 23.3.2004, learned Additional Sessions Judge, Amritsar, convicted them under Sections 307/34 IPC and sentenced them to undergo rigorous imprisonment for a period of four years each. They were also convicted under Sections 324/34 IPC and sentenced to undergo rigorous imprisonment for a period of one year each. Both the sentences were ordered to run concurrently. The period of detention already spent by them during investigation and trial was ordered to be set off against the substantive sentences imposed upon them.

(2.) Aggrieved of their conviction and sentences, the appellants filed the present appeal, in which, notice was issued to the State and the trial Court record requisitioned.

(3.) According to the prosecution, on 7.2000, complainant Kuldip Singh along with his wife went to his in-laws house at Guru Arjan Dev Nagar, Tarn Taran Road, Amritsar. There, his brother-in-law Daljit Singh told him that his uncle Jagdish Singh was constructing his house in front of Bhinder Farm and though it had grown dark, he had not returned. Accordingly, the complainant along with Daljit Singh went on a scooter to inquire about the matter. At about 10.00 p.m., when they along with Jagdish Singh came out of their plot and electric light was on, Maharaj armed with kirpan, Kulwinder Singh armed with datar, Sukhdev Singh armed with a saria and Baljit Singh @ Dr. Balu armed with kirpan were standing there. 4/5 more persons were also standing behind them. Maharaj raised a lalkara that they want to get the house and shop vacated and they were doing so at the instance of Kuldip Singh. They would not get a better chance to eliminate them. Accordingly, Maharaj gave kirpan blows on the left side of the head and near the left ear of Kuldip Singh. Kulwinder Singh gave a datar blow on the back of his head. Sukhdev Singh gave two blows with a saria on his right shoulder and right hand. Baljit Singh @ Dr. Balu gave kirpan blow on his right wrist. The complainant raised an alarm and so did Daljit Singh and Jagdish Singh. All the assailants decamped from the spot while carrying their respective weapons. According to the complainant, the accused had caused injuries to him as there had been a dispute between his in-laws and the accused regarding the eviction of the shop and house and in that dispute, he was supporting his in-laws.