DILBAG SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THROUGH these two appeals, appellants have challenged the judgment dated 25-6-2004 of learned Additional Sessions Judge (Presiding Officer, Fast Track Court), Una, delivered in two cross-cases. In one case, which has given rise to Appeal No. 264 of 2004, the appellants, namely Dilbag Singh, Ranjit Singh and Mukhtiar Singh, have been held guilty of offences Sections 307, 323 and 324 the Indian Penal Code, for allegedly causing injuries to Shiv Kumar, Pawan Kumar, Didar Singh and Sukhdev Singh, by means of sharp edged as also blunt weapons in an incident that took place on 8-11- 1999, at a place called Sanoli, falling within the jurisdiction of Police Station, Una. The said appellants have been sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 20,000/- each, for the offence under Section 307 of the Indian Penal Code and in default of payment of fine to undergo rigorous imprisonment for a further period of two years each.

(2.) IN the second appeal, i.e. Criminal Appeal No. 286 of 2004, which has arisen from the cross-case appellants Satish Kumar and Shiv Kumar have been convicted of offences, under Sections 325 and 323 read with Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years each and to pay fine of Rs. 10,000/- each and in default of payment of fine to undergo rigorous imprisonment for a period for one year each.

(3.) THE appellants in the other case, namely Satish Kumar and Shiv Kumar (in Criminal Appeal No. 286 of 2004) along with two other persons, named Bakhshish Singh and Pawan Kumar, against whom a cross-case was registered, in respect of the very incident in regard to which Dilbag Singh and others (appellants in Criminal Appeal No. 264 of 2004), were sent up for trial for offences under Sections 325 and 323 read with Section 34 of the Indian Penal Code. The allegations against them were that they had caused grievous as also simple hurts to Ranjit Singh and Dilbag Singh (appellants/accused in other case), by means of Dandas. Though the case was triable by the Judicial Magistrate 1st Class, nonetheless it was committed to the Sessions Court being a cross-case arising out of the same incident, out of which the other case which was exclusively triable by Court of Sessions arose. The learned Presiding Officer of the Fast Track Court, convicted the present two appellants, namely Satish Kumar and Shiv Kumar and sentenced them as aforesaid. Their other two co- accused were however acquitted.