SATNAM SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal seeks to challenge the judgement of the learned Additional Sessions Judge (Fast Track), Alwar dated 19.6.2003.

(2.) THE necessary facts giving rise to this appeal are that Samaydeen (PW-10) submitted a written report to SHO Police Station Malakhera at about 10.30 PM on 19.6.2002 alleging that on that day at 5 o' clock in the evening Juber and Shahjad were returning from their well situated in the agriculture field of village Sukal Ka Bas to their house. When they reached close to the houses of Sardars (Sikhs), Satnam Singh, Kali and Pali, all Raisikhs by caste and residents of Savadi Ka Bas came from behind. Satnam Singh was having sword, Kali was having country made pistol and Pali was having 'danda' with him. Pali and Satnam intercepted them and Kali pointed the country made pistol and fired at Juber. Juber received firearm injury in his stomach and he fell down. Satnam inflicted a blow of sword on the temporal region of his head and Shahjad has inflicted lathi blows at his back and also at other parts of his body. When the injured raised hue and cry, the accused ran away. Ashu and Harun had also seen the incident. It was alleged that complainant had gone to the shop of Sikhs in the morning to buy a pepsi (cold drink) and at that time too, altercation took place between the complainant and the accused party and this incident took place in consequence thereof. On the basis of the aforesaid, a regular first information report was chalked out for offence u/s.323, 341 and 307 IPC. During investigation injured Juber succumbed to his injury and therefore offence u/s.302 IPC was added.

(3.) ON completion of trial, the accused-appellant Kali @ Prem Singh was convicted for offence u/s.302 IPC and sentenced to life imprisonment with a fine of Rs.5,000, in default of which he was to further undergo rigorous imprisonment of one year. He was also convicted for offence u/s.323/34 IPC and was sentenced to rigorous imprisonment of one year. He was also convicted for offence under Section 341 IPC and was sentenced to simple imprisonment of one month. He was convicted for offence under Section 3/25 of Arms Act and was sentenced to rigorous imprisonment of three years with fine of Rs.1,000, in default of which he was to further undergo rigorous imprisonment of three months. Accused-appellant Satnam Singh and Pali @ Jaipal Singh were convicted for offence u/s.302/34 IPC and sentenced to life imprisonment with fine of Rs.2,000 each, in default of which they were to further undergo rigorous imprisonment of one year each. They were convicted for offence u/s.323 IPC and were sentenced to rigorous imprisonment of one year each. They were also convicted for offence u/s.341 IPC, they were sentenced to simple imprisonment of one month each.