JAGIR SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRESENT criminal appeal has been preferred by Jagir Singh son of Phuman Singh, Sukhdev Singh and Harnek Singh, both sons of Jagir Singh. They were convicted and sentenced by the Court of Additional Sessions Judge, Ferozepur vide his judgment and order dated 28th August, 1997 to undergo RI for three months under Section 447 IPC. Sukhdev Singh was substantively sentenced under Section 324 IPC whereas others with the aid of Section 34 IPC to undergo RI for 1 = years and a fine of Rs.500/ - each, in default of payment of fine to undergo three months. Jagir Singh and Harnek Singh were substantively sentenced under Section 324 IPC whereas Sukhdev Singh with the aid of Section 34 IPC to 1 = years RI and a fine of Rs.500/ - each, in default of payment of fine to three months RI. Harnek Singh was further sentenced under Section 323 IPC whereas Jagir Singh and Sukhdev Singh with the aid of Section 34 IPC to RI for six months each. They were nominated as accused in case FIR No. 145 dated 24th July, 1980 registered at Police Station Dharamkot under Section 326/324/323/447/34 IPC.

(2.) AFTER investigation of the challan, report under Section 173 Cr.P.C. was submitted and they were committed by the Court of Sub Divisional Judicial Magistrate, Zira to the Sessions Court for trial. On their appearance before the Court of Additional Sessions Judge, Ferozepur, they were charged for having committed criminal trespass in the fields of Mohinder Singh while ploughing their fields with the intent to cause injuries, for offence under Section 447. They were charged for causing injuries to Mohinder Singh. Sukhdev Singh was substantively charged for causing kirpan blow on the left leg of Mohinder Singh punishable under Section 326 IPC with the aid of Section 34 IPC. Jagir Singh and Harnek Singh were substantively charged under Section 324 IPC for causing sharp edge injuries to Mohinder Singh whereas Sukhdev Singh was charged with the aid of Section 34 IPC. Harnek Singh was substantively charged with offence for causing blunt weapon injuries to Mohinder Singh under Section 323 IPC whereas Jagir Singh and Sukhdev Singh were charged with the aid of Section 34 IPC.

(3.) AFTER the FIR was investigated, challan was submitted as stated earlier, case was committed and the charges were framed. Prosecution examined PW -1 Dr. Gian Singh, Medical Officer, Additional Primary Health Centre, Dharamkot. He found following injuries on the person of Mohinder Singh: