GURNAM SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This common judgment shall dispose of all the aforesaid nine criminal appeals. For the sake of brevity, the facts are being taken up from CRA-D-120-DB of 2013.

(2.) Being aggrieved by the judgment and order dated 30.11.2012 passed by Additional Sessions Judge, Amritsar in Sessions Case No.5 of 2008/2010 vide which the learned trial Court held all the appellants guilty of the various offences and sentenced them, as described in a chart hereinafter, these appeals have been filed by the appellants/convicts. Facts

(3.) The prosecution case is that on 10.7.2007, complainant Anoop Singh made a statement to the SHO Gurbachan Lal of Police Station Raja Sansi informing that at about 45 PM, he along with Saroop Singh, Kewal Singh, Gurpartap Singh, Baldev Singh and Amritpal Singh were proceeding towards fields of Baldev Singh for bringing cattle fodder on rehri. When they reached near the drain, they found about 20-22 persons armed with various weapons had concealed themselves around the drain in the bushes. Out of them, accused Malook Singh raised a lalkara that the complainant party be caught and taught a lesson for making mischief. On this Joginder Singh gave a blow with sword on the person of complainant Anoop Singh hitting him on the right side of his eye-brow above forehead. Accused Dilbag Singh gave a second blow to him with sword which hit him on the right side of the head. Accused Sahib Singh gave a third blow to him with a Datar hitting the center of the head of complainant. Jaswant Singh gave an iron rod blow on his shoulder, while Lakha Singh gave hockey blow on the right side of his ankle and Chhinder Singh gave a blow with daang hitting him on his shoulder. Anoop Singh raised an alarm. Randhir Singh @ Babbu and Sukhjinder Singh fired from their double barrel gun towards Saroop Singh. Harbans Singh and Karnail Singh fired from their respective double barrel guns at Kewal Singh. Baghel Singh also received many injuries. Gurpartap Singh and Amritpal Singh were also inflicted injuries and a large number of persons gathered on the scene. Gurpartap Singh had a licensed double barrel gun with him but the same was snatched and taken away by the accused persons. After the incident of assault as stated above, some conveyance was arranged to shift the injured persons to the hospital but Sarup Singh and Kewal Singh had expired. Their dead bodies were put in hospital at Ajnala and injured persons were taken to Guru Nanak Dev Hospital, Amritsar.