GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Criminal Appeal No. 704-SB-86 filed by Gurcharan Singh, Harbans Singh and Krishan Dev alias Krishan Pandit and Criminal Appeal No. 731-SB-86, filed by Jagjit Singh are being disposed of together as both these appeals have been filed against a common judgment/order dated 3-11-1986 of Addl. Sessions Judge, Faridkot. Vide the aforesaid judgment/order all the four appellants were convicted under Section 307 read with Section 34, IPC and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 500/- each or in default to further undergo rigorous imprisonment for three months.

(2.) Brief facts of the case are that Hazura Singh complainant made a statement Ex. PG on 14-4-1985, before the police stating therein that on 14-4-1985, at about 8 a.m. he along with his wife Bharpur Kaur went to their fields to have a round and there all the four accused i.e. Gurcharan Singh and Jagjit Singh armed with a Gandhali each, Harbans Singh armed with a Gandasa and Krishan Dev alias Krishan Pandit armed with a Dang came there. Gurcharan Singh and Harbans Singh are brothers. Jagjit Singh accused is Saadoo of Harbans Singh accused while Krishan Pandit accused is a friend of remaining accused. Gurcharan Singh accused raised a Lalkara that Hazura Singh would not be allowed to escape. Hazura Singh ran away but he was over-powered at a distance of about 20 karms in his field. All the four accused caused injuries with their respective weapons on the person of Hazura Singh and after causing the assault all the four accused fled away with their respective weapons. Hazura Singh and

(3.) Copies of the documents were supplied to the accused by the committing Magistrate and thereafter the case was committed to the Court of Session for trial. Learned Addl: Sessions Judge, charge-sheeted all the accused under Section 307, IPC to which the accused-appellants pleaded not guilty and claimed trial.