JAGIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgement of conviction and the order of sentence, dated 10.01.1995, rendered by the Court of Additional Sessions Judge, Amritsar, vide which, it convicted the accused (now appellants), and sentenced them, as under :- Names of the accused (now appellants) Offence for which convicted Sentence awarded

(2.) THE facts, in brief, are that on 05.10.1991, Kashmir Singh loaded his paddy crop, in a vehicle, and took it to the commission agent shop of Satpal. Lakhwinder Singh and his father stopped Kashmir Singh not to take paddy crop to the shop of Satpal. On account of this reason, there was some dispute between them. On 06.10.1991, at about 9.00 AM, when Lakhwinder Singh reached, in front of the house of Mukha Singh Rai Sikh, to take milk, Tarsem Singh, armed with barchhi, Kabal Singh, armed with dang, Kala @ Jagir Singh, armed with datar, and Vir Singh, empty handed, came there. Vir Singh, raised an exhortation to catch hold of Lakhwinder Singh and teach him a lesson for restraining his father from taking paddy crop to the shop of Satpal. In the meanwhile, Kabal Singh gave a dang blow, which hit the back of Lakhwinder Singh, who fell down. Thereafter, Tarsem Singh, gave a barchhi blow, which hit the right side of the chest near the shoulder of Lakhwinder Singh. Kala aimed a datar blow, which Lakhwinder Singh, warded off, by raising his hand, and the same hit the middle finger of his left hand. In the meanwhile, Gudip Singh father of Lakhwinder Singh and Ajit Singh son of Balwant Singh reached there, who had come to village Khussupur, to take trolley of Ajit Singh. They witnessed the occurrence. Lakhwinder Singh raised an alarm, as a result whereof, the accused ran away, with their respective weapons. After arranging a vehicle, Lakhwinder Singh, was taken to Civil Hospital, Lopoke, by his father, where he was given first aid. He was referred to Guru Nanak Dev Hospital, Amritsar. He was got admitted there. On the basis of the statement PA of Lakhwinder Singh, recorded by the Police, first information report, was registered.

(3.) KABAL Singh and Jagir Singh, were interrogated on 12.10.1991. Jagir Singh, made a disclosure statement that he had concealed a datar, in his house, under the heap of chaff, of which, he only knew, and could get the same recovered, by pointing out. His disclosure statement PC was recorded, which was signed by him, and attested by Baldev Singh and Santokh Singh. Thereafter Kabal Singh, accused, made a disclosure statement that he had concealed the dang at the back side of his house, in the heap of dhinjan, of which, he only knew, and could get the same recovered, by pointing out. His disclosure statement PF, was also reduced into writing, which was thumb marked by him, and attested by Baldev Singh and Santokh Singh. Thereafter, in pursuance of their disclosure statements, they got recovered datar and dang, respectively, which were taken into possession. After the completion of investigation, the accused were challaned.