TARUN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall decide aforementioned appeals and revision petition as the same are the outcome of version and cross-version of the same occurrence. CRA-S-437-SB-2003 and CRA-S-590-SB-2003 have been filed by the convicted persons and CRA-S-1410-SBA-2003 has been filed by the State of Punjab, challenging the acquittal of the accused in cross-case. CRR-1586-2003 has been preferred by convict Shiv Kumar, challenging the acquittal of the accused in the cross-case. The judgment dated 27.1.2003, has been impugned in all the abovementioned appeals and revision petition.

(2.) On 21.5.2000, an incident took place between the families of Shiv Kumar on one side and Ranjit Singh on the other. The accused persons belonging to the family of Shiv Kumar are Shiv Kumar himself, his wife Shanti Devi and his three sons namely, Mohan Lal, Tarun Kumar @ Ganesh and Pushpal @ Pal, whereas the accused belonging to the family of Ranjit Singh are Ranjit Singh himself, his brother Harvinder Singh @ Kukla and Soni. FIR No.81 dated 22.5.2000, was registered under sections 323 / 148 / 149 of the Indian Penal Code (85 of 1860) (for short ' IPC ') on the statement of Shiv Kumar and cross-case was registered under sections 307 , 325 , 323 , 148 and 149 IPC. Evidence in version and cross-version was recorded separately and the same were decided by separate judgments.

(3.) The statement of Ranjit Singh was recorded at Civil Hospital, Nabha on 27.5.2000 by the Investigating Officer ASI Thura Ram. According to the statement, on 21.5.2000 at around 8.45 p.m., said Ranjit Singh was at home when the door bell rang. He answered the door and saw that Shiv Kumar was standing in the street. Said Shiv Kumar called him out and when he reached near him, his wife Shanti Devi gave two blows with an iron rod on the back side of his head. Meanwhile, Mohan Lal reached the spot holding an iron rod and he gave a blow on the right side on the head of Ranjit Singh. His shouts for help attracted his brother Harvinder Singh @ Kukla, who was also assaulted by Tarun Kumar @ Ganesh by a sota. Shiv Kumar also inflected a blow with a sota on the head and forehead of Ranjit Singh who became unconscious. He was got admitted at Civil Hospital, Nabha by his father and later on, he came to know that his brother Harvinder Singh @ Kukla and friend Gurmit Singh son of Labh Singh had also received injuries at the hands of the aforementioned accused persons.