PUKHRAJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Correctness of judgment passed by Chief Judicial Magistrate, Sangrur while convicting the petitioners and sentencing them in the following manner, affirmed in appeal, is being assailed. The sentence awarded is extracted as under:-

(2.) As per the case of the prosecution, on 02.07.2011, first informant-injured-Gurpreet Singh got recorded his statement by stating that he had gone to meet his friend Neeraj Kalra on 02.07.2011 who was residing at Quarter No.220, Housing Board Colony, Sangrur on his motorcycle. His friend Neeraj Kalra asked him to bring milk from Nabha Gate, Sangrur whereupon when he was going on his motorcycle to bring the milk, accused came in a Zen car and blocked his passage and thereafter attacked him. Harjit Singh, petitioner gave a iron rod blow which hit below his left knee. Sukhwinder Singh gave a blow of handle of spade which hit below his right shoulder. Ravinder Singh gave a blow of bat which hit him below his left shoulder and Pukhraj gave a blow of handle of spade which hit him on his back. Two more unknown persons also accompanied the said accused. On receipt of blows, he fell down on the ground and the accused also inflicted more injuries on his body. On alarm being raised, all the accused persons alongwith two unknown persons ran away in the car alongwith their respective weapons and his friend Neeraj Kalra reached at the spot and got him admitted in Civil Hospital, Sangrur after arranging the vehicle. The motive behind the occurrence was that there was some dispute regarding land between him and accused persons who are his maternal uncles and cousins.

(3.) After registration of the case, investigation was completed and on finding a prima facie case against the accused, charges under Sections 341, 323, 325, 201 read with Section 34 IPC were framed against the accused to which accused pleaded not guilty and claimed trial. Initially, the police had sent two accused for trial, however, on an application under Section 319 Cr.P.C., petitioner-Harjit Singh and Sukhwinder Singh were also summoned under Section 319 Cr.P.C. and charges were reframed.