BHAGWANT SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Bhagwant Singh and Chamkaur Singh-appellants have filed this appeal challenging the impugned judgment of conviction and order of sentence dated 31.7.2004 passed by learned Additional Sessions Judge (Ad hoc), Fast Tract Court, Sangrur, whereby they have been held guilty and convicted for the offences punishable under Sections 326/325 read with Section 34 IPC. Bhagwant Singh has been sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs. 1,000/- and in default thereof to further undergo rigorous imprisonment for one month for the offence under Section 326 IPC. He has also been sentenced to undergo rigorous imprisonment for one year and to a fine of Rs. 1,000/- and in default of payment of fine to further undergo rigorous imprisonment for one month for the offence under Section 325 read with Section 34 IPC. Chamkaur Singh has been sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo rigorous imprisonment for one month for the offence under Section 326 read with Section 34 IPC. He has also been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo rigorous imprisonment for one month for the offence under Section 325 read with Section 34 IPC. Both the sentences have been ordered to run concurrently. However, accused Paramjit Kaur, Ramandeep Kaur alias Rano and Kulwinder Kaur alias Kale were acquitted of the charges framed against them.

(2.) The brief facts of the prosecution case are that FIR No.339 dated 7.12.2002 in the present case has been lodged on the statement of Harpreet Kaur-complainant, who stated that she was studying in B.A.-I at Government College, Malerkotla. She was residing with her maternal uncle, namely, Darshan Singh at Village Hathoa and she used to go to the said college daily from the said village. On 6.12.2002 at 12.00 noon, she was at her residence, as it was holiday due to Eid. Bhagwant Singh, his brother Chamkaur Singh, Rano and Kale all her neighbours were passing in front of the house of Darshan Singh and were loudly abusing Darshan Singh. She came out of the house and saw these persons. At that time, Darshan Singh, maternal uncle of the complainant, his uncle Amarjit Singh and his son Jagsir Singh were also present there. The complainant including other persons asked the accused as to why they were abusing Darshan Singh. Then, accused Bhagwant Singh armed with Gandasa, accused Chamkaur Singh armed with stick, accused Rano and Kale armed with sticks came out of their house at the road and then, accused Bhagwant Singh inflicted Gandasa blow on the head of Darshan Singh while Chamkaur Singh inflicted stick blow on the head of Darshan Singh. Darshan Singh then fell down on the surface and bleeding started from his head. Then accused Rano inflicted stick blow on the forehead of complainant while accused Kale gave blows, on the right leg of complainant and Paramjit Kaur accused gave stick blow to the complainant. Complainant along with Jagsir Singh raised alarm, on which the accused persons ran away from the spot along with their respective weapons. Thereafter, Jagsir Singh arranged a vehicle and took Darshan Singh and the complainant to Civil Hospital, Malerkotla, where they were given treatment. The motive behind the occurrence was that the houses of Darshan Singh and Bhagwant Singh were near to each other and family of Bhagwant Singh raised false allegations against the son of Darshan Singh which led to this incident. Investigation was started. The Police reached the spot and after getting fitness certificates from the doctor, recorded the statement of injured Harpreet Kaur and Darshan Singh. Rough site plan was prepared. Statements of the witnesses were recorded. After necessary investigation, the challan against the accused was presented in the Court.

(3.) On presentation of challan, the trial Court finding prima facie case against the accused, framed charges for the offences under Sections 307, 323, 325, 148 and 149 IPC, to which they pleaded not guilty and claimed the trial.