ARSHDEEP SINGH @ ASHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant has filed appeal against the judgment of conviction dated 29.07.2017 and order of sentence passed by the learned Additional Sessions Judge, Sangrur under Sections 326, 325, 324, 323 and 458 read with Section 34 IPC. Order of sentence qua appellant reads as under:-

(2.) Under Section Sentence 326 read with Section 34 To undergo rigorous imprisonment IPC for a period of three years and to pay a fine of Rs.5,000/- (Rupees Five Thousand) and in default of payment of fine to further undergo rigorous imprisonment for a period of six months.

(3.) In nutshell, the case of prosecution is that on 30.05.2016 on receipt of information regarding admission of Shonky Khan, Amrik Singh and Harpreet Singh in Civil Hospital, Sunam, after having suffered injuries in a scuffle, Assistant Sub-Inspector Nirmal Singh went to the Civil Hospital, Sunam and came to know from the concerned doctor that the injured have been referred to Rajindra Hospital, Patiala. Thereafter, Assistant Sub-Inspector Nirmal Singh went to Rajindra Hospital, Patiala and recorded the statement of injured Shonky Khan. He along with his brother are running a mobile repair shop in the village. At 8:30 PM on 29.05.2016, when he along with his brother were proceeding towards the grocery shop of Kuldeep Singh and reached near the house of Balkar Singh, then their path was obstructed by three youths and when brother of the first informant switched on the light from his mobile phone, he saw Gurpiar Singh s/o Darshan Singh armed with sword, appellant-Ashu s/o Shivji Ram empty handed and Kaka Singh s/o Billu Singh armed with danda. Ashu exhorted, not to spare Shonky Khan in order to teach him a lesson for demanding money for repair of the mobile phone. Thereupon, Kaka Singh gave blow with wooden baton on the left arm of the first informant, whereas Gurpiar Singh in order to kill him gave a sword blow on the head of first informant. Gurpiar Singh thereafter gave 3-4 more blows of sword towards his head but in order to save him, he raised his hands and suffered blows on his hands. When brother of Shonky Khan came forward in order to rescue him, Ashu (appellant) caught hold of him and thereafter, first informant raised noise and started running from the spot whereupon all the three assailants chased them and first informant in order to save him entered into the house of Amrik Singh where Amrik Singh along with his nephew Harpreet Singh were present. Once again first informant raised alarm, upon which, Gurpiar Singh and Kaka Singh caused injuries to Amrik Singh and Harpreet Singh. Thereafter, in order to kill first informant, Gurpiar Singh again gave a sword blow towards his head which landed on his left arm and on the upper side of the right hand. Kaka Singh gave a blow with wooden baton which landed on his left wrist, right side of his back, right calf, right knee and left thigh. Gurpiar Singh also gave a sword blow on the back of his neck. Since claimant, his brother Amrik Singh and Harpreet Singh started making noise, assailants ran away from the scene of occurrence with their respective weapons. Thereafter, the injured were admitted in the Hospital.