UJAGGAR SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Five appellants Ujjagar Singh, Nirmal Singh, Paramjit Singh, Karam Kaur and Harmit Kaur have filed the present criminal appeal and it has been directed against the judgment and order dated 13.7.1987 passed by the Court of Additional Sessions Judge, Patiala who convicted all the appellants under Section 148 IPC. Further Nirmal Singh, Karam Kaur and Harmit Kaur were convicted under Section 307 IPC while Paramjit Singh and Ujjagar Singh were convicted under Section 307 read with Section 149 IPC. Further Ujjaggar Singh and Paramjit Singh were convicted under Section 323 IPC while Nirmal Singh, Karam Kaur and Harmit Kaur were convicted under Section 323 read with Section 149 IPC. The Trial Court awarded the following sentences :-

(2.) Further it was ordered that the fine if realised Rs. 2,500/- shall be given to Karam Singh injured.

(3.) The brief facts of the case are that on 28.4.1986, at about 10.00 a.m. Karam Singh son of Sant Singh of village Singhpura was coming from Dhillon Factory situated in the area of village Singhpura and was going to his village along the road and when he reached near Fish Farm, Ujjagar Singh appellant armed with lathi, Nirmal Singh appellant armed with lathi, Paramjit Singh appellant armed with lathi, Karam Kaur appellant armed with a Datri and Harmit Kaur alias Bhucha appellant armed with Datri came from the side of village Singhpura. When Ujjagar Singh, Paramjit Singh, Nirmal Singh, Karam Kaur and Bhucha came near Karam Singh, Ujjagar Singh accused raised lalkara that Karam Singh be not spared on that day. Nirmal Singh accused gave lathi blow on the head of Karam Singh. Ujjagar Singh gave lathi blow on the left arm of Karam Singh. Paramjit Singh accused gave lathi blow on the shoulder of Karam Singh. Karam Singh fell down. Thereafter Karam Kaur gave Datri blow on the left hand finger of Karam Singh from sharp side while he was lying on the ground. Thereafter accused Ujjagar Singh, Nirmal Singh and Paramjit Singh gave lathi blows on his head and shoulder. All the appellants then dragged Karam Singh and threw him in the khatans in the Fish Farm. When Karam Singh was lying on the ground he was given datri blow by Karam Kaur and Bhucha. The alaram raised by Karam Singh attracted Mohinder Singh, Hari Singh and Amrik Singh. They all witnessed the occurrence. After causing injuries all the accused ran away from the place of occurrence. Mani Singh brought a car from Dera Bassi and the injured was removed to PGI, Chandigarh.