RAM MURTI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Gurdas Mal, Ram Murti, Sharad Kumar, Ashwani Kumar and Pardeep Kumar were tried for the offences punishable under Sections 324 and 323 read with Section 149 I.P.C. by the Judicial Magistrate Ist Class, Pathankot who vide his judgment dated 23.11.1985 convicted all the accused for various offences i.e. 324, 324/149 and 323 and 323/149 I.P.C. Pardeep Kumar was, however, released on probation whereas rest of the petitioners were sentenced to various periods of imprisonments and to pay various amounts of fine.

(2.) Feeling aggrieved against their conviction and sentence, all the five accused filed an appeal before the Additional Sessions Judge, Gurdaspur who vide his order dated 12.3.1986 acquitted Sharad Kumar accused whereas the conviction of rest of the accused including the present petitioners was maintained. However, Gurdas Mal and Pardeep Kumar were released on probation and the substantive sentence of imprisonments with regard to the present petitioners was reduced. Still feeling dissatisfied, they have preferred the present petition.

(3.) There was a dispute over a common boundary of the fields of Gurdas Mal and Kehar Singh P.W. On 12.12.1984, Harbans Lal along with his brother Satpal was returning to the village carrying fodder over their heads. Their father Kehar Singh was following them. When they turned towards their house from the road side, all the five accused all of a sudden appeared there. Of them, Sharad Kumar and Ashwani Kumar were armed with gandasis, Ram Murti and Pradeep Kumar with Dangs and Gurdasmal was armed with Kirpan. Gurdasmal raised a lalkara that they will resolve their dispute regarding the boundary. All the accused caused injuries with their respective weapons to Kehar Singh, Harbans Lal and Satpal. On the statement of Harbans Lal P.W. a case under Section 324/323/149 I.P.C. was got registered. After completion of investigation, the accused were challaned, tried and convicted as stated above.