INDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall decide aforementioned appeals as both of them arise out of the same incident dated 27.8.2002. On the complaint of Mukhtiar Singh, an FIR was registered and on the complaint of Inder Singh cross case was registered. Both these cases have been decided vide separate judgments dated 25.2.2004, passed by the Addl. Sessions Judge, Fast Track Court, Ferozepur.

(2.) FIR No.268 dated 27.8.2002, was registered at Police Station Sadar Ferozepur, under sections 324 / 148 / 149 of the Indian Penal Code (85 of 1860) (for short ' IPC ') on a complaint made by Mukhtiar Singh son of Ganesha Singh. According to the complainant, his brother Tara Singh and one Mangal Singh son of Kala Singh went to their fields on 27.8.2002 to reap some crops. Thereafter, they came home and were returning to their fields once again when they met the complainant who was returning to the village on a bicycle. They crossed the tubewell of Harnek Singh at about 1.30 p.m. and at that point in time, the accused persons, totaling 17 in number, armed with takua, dang and kahi, came out from the tubewell of Harnek Singh and attacked them. Injuries were sustained by Tara Singh and complainant Mukhtiar Singh and on raising a hue and cry, the accused went away with their respective weapons.

(3.) According to the cross-case, injured complainant Inder Singh was irrigating his fields at about 2.00 p.m. on 27.8.2002, utilizing the water from tubewell of Harnek Singh. Surjit Kaur daughter of Harnek Singh was washing clothes at the tubewell. Mohinder Singh was sitting at the tubewell of one Om Parkash. Phindru son of Tara Singh came to Inder Singh and started misbehaving with him. On his remonstrations, Phindru went away, but soon returned alongwith his co-accused totaling 08 in number. They were armed with gandasa, kahi, chain and sota. They attacked Inder Singh for misbehaving with Phindru. Injuries were sustained by Inder Singh, Mohinder Singh and Surjit Kaur.