DIDAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall decide aforementioned appeal and revision petition as both are directed against the same judgment of conviction dated 17.4.2004 and order of sentence dated 19.4.2004, passed by the Addl. Sessions Judge (Adhoc), Fast Track Court, Gurdaspur.

(2.) According to the case of prosecution, on 13.5.2000 Hari Singh son of Tara Singh, his brother Joginder Singh son of Gurcharan Singh and nephew Jaspal Singh son of Joginder Singh were sitting in the fields of Joginder Singh. Their servants Goga Masih and Jeeta Masih were also present. At about 7.00 p.m., Joginder Singh sent his servants Goga Masih and Jeeta Masih to Kulwant Singh for bringing the Patta (belt) of the engine from the fields of Didar Singh. After some time Goga Masih came running and told them that Didar Singh and his son Rupinder Singh had forcibly detained Jeeta Masih and were beating him. On hearing this, Joginder Singh and his son Jaspal Singh hurriedly went to the fields of Didar Singh, where they saw Didar Singh and Rupinder Singh beating up Jeeta Masih whereas other accused Bikramjit Singh son of Gurcharan Singh was standing with a datar in his hand and Joginder Singh son of Gurcharan Singh was armed with a gandasi. On being asked why they were beating Jeeta Masih, Didar Singh raised a lalkara that these people be taught a lesson for opposing him in Sarpanch election. He caught hold of a datar and caused injuries to Joginder Singh. Rupinder Singh also caused injuries to him with a gandasi. Bikramjit Singh son of Darshan Singh caused an injury on Jaspal Singh with a datar then Bikramjit Singh son of Gurcharan Singh also caused injuries on Jaspal Singh with a datar. Rupinder Singh also caused injuries with gandasi on Jaspal Singh. This incident was witnessed by Jeeta Masih and Hari Singh. On hearing the noise, Sarpanch Sukhdev Singh also reached at the spot and thereafter, accused persons ran away. The injured were then admitted to hospital and their medico legal examination was done.

(3.) FIR No.61 dated 14.5.2000, was registered at Police Station Dera Baba Nanak, under sections 307, 326 324, 323, 148 and 149 of the Indian Penal Code (45 of 1860) (for short "IPC"?) regarding the aforementioned incident. Five persons were named as accused. During the course of the trial accused Bikramjit Singh son of Gurcharan Singh passed away on 23.3.2004 resulting in abatement of proceedings against him. On conclusion of the trial, the remaining four accused were convicted and sentenced as follows:-