(1.) BY this judgment I dispose of two Criminal Appeals Nos. 747-SB of 1986 titled Prem Nath v. State of Punjab and 746-SB of 1986 Harish Chander v. State of Punjab as both the appeals have arisen from the judgment dated 12th November, 1986 passed by the Court of Additional Sessions Judge, Ludhiana, who convicted appellant Prem Nath under Section 307 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 3,000/-. In default of payment of fine, this appellant was ordered to undergo further rigorous imprisonment for a period of six months. Prem Nath was further convicted under Section 324 read with Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500/-. In default of payment of fine he was ordered to undergo rigorous imprisonment for a further period of two months. Shri Harish Chander appellant was convicted under Section 307 with the aid of Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 1,000/-. In default of payment of fine, he was ordered to undergo rigorous imprisonment for a further period of three months. Harish Chander was further convicted under Section 324 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500/-. In default of payment of fine he was ordered to undergo rigorous imprisonment for a further period of two months. The substantive sentences awarded to the appellants were ordered to run concurrently.
(2.) BRIEF facts of the case can be noticed in the following manner :- On 6th September, 1985 at about 9 p.m. Surjit Singh injured-complainant (P.W. 4) along with Bhagwan Dass (P.W. 5) and Jaswant Singh was going in a jeep to see Satnam Singh, who was residing on the Benjamin Road, Ludhiana. The jeep was driven by Bhagwan Dass P.W. Surjit Singh complainant was sitting by the side of Shri Bhagwan Dass on the front seat while Jaswant Singh was sitting on the back seat of the jeep. When they covered a distance of about 30/40 Karams from C.M.C. Chowk on the road towards Police Station Division No. 3, both the appellants were found standing in the middle of the road and they gave signal to the driver to stop the vehicle. Resultantly, the vehicle was stopped. Immediately thereafter Prem Nath appellant opened the attack and he gave a knife blow in the abdomen of Shri Bhagwan Dass (P.W. 5). Thereafter Shri Surjit Singh (P.W.4) got down from the jeep but he was also given a knife blow on the back of his left buttock by Harish Chander appellant. Both the accused raised Lalkara that they had taught a lesson to Bhagwan Dass and Surjit Singh for not paying the money. The injured raised alarm. Shri Jaswant Singh P.W. also got down from the jeep. In the meanwhile both the accused ran away from the place of occurrence with their respective weapons. According to the prosecution, the occurrence was witnessed by Shri Bhagwan Dass. The injured were taken to C.M.C. Hospital in a rickshaw. On the way Tilak Raj, brother of Bhagwan Dass, met them and he got them admitted in the hospital.
(3.) INTIMATION about the admission of the two injured in the C.M.C. and Hospital, Ludhiana, was sent by Dr. Arvindpal Singh Gambhir to the S.H.O., Police Station Division No. 3, Ludhiana, vide letters (Exhibits PW1/A and PW1/B). On receipt of the information Head Constable Jagir Singh of Police Station Division No. 3 reached the hospital at about 7.30 a.m. on 7th September, 1985 and recorded the statement (Ex.PW4/A) of injured Surjit Singh at 10.10 a.m. Shri Bhagwan Dass injured was not declared fit to make a statement at that time. On the basis of the statement (Ex.PW4/A) formal F.I.R. (Ex.PW7/F) under Section 324 read with Section 34 of the Indian Penal Code was recorded at Police Station Division No. 3, Ludhiana, on 7th September, 1985 at 10.45 a.m. The investigation was taken up by A.S.I. Tale Ram, who visited the place of occurrence on 7th September, 1985 and took into possession blood- stained earth vide recovery memo. (Ex.PW6/A) in the presence of Shri Jaswant Singh and Head Constable Jagir Singh. The Investigating Officer also prepared the rough site plan of the place of occurrence. The statement of Shri Bhagwan Dass injured was recorded on 8th September, 1985 after he was declared fit to make a statement.