DALJIT SINGH Vs. STATE OF PUNJAB
LAWS(SC)-2006-7-30
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on July 27,2006

DALJIT SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents


Cited Judgements :-

RAMESH DASS VS. RAGHU NATH [LAWS(SC)-2008-2-42] [REFERRED TO]
VIJAY KUMAR GUPTA VS. STATE OF MAHARASTRA [LAWS(BOM)-2008-3-113] [REFERRED TO]
GOPAL ALIAS SHRI GOPAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2008-4-88] [REFERRED TO]
NARENDRA SINGH VS. STATE [LAWS(RAJ)-2008-5-65] [REFERRED TO]
STATE OF GUJARAT VS. ROHITBHAI BHAGABHAI VAGHRI [LAWS(GJH)-2015-7-83] [REFERRED TO]
RAM KISHAN AND ORS. VS. STATE [LAWS(ALL)-2016-2-77] [REFERRED TO]
ARUN KHARE S/O KRISHNARAO KHARE VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(MPH)-2012-5-148] [REFERRED TO]
ARUN KHARE VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(MPH)-2012-12-109] [REFERRED TO]
BADAN SINGH VS. STATE OF U.P. [LAWS(ALL)-2016-4-13] [REFERRED TO]
AJAY KUMAR @ AJU VS. STATE OF H.P. [LAWS(HPH)-2016-6-117] [REFERRED TO]
GAJRAJ SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2009-7-202] [REFERRED TO]
MD. SAFIK BAKSH VS. STATE OF TRIPURA [LAWS(TRIP)-2020-12-17] [REFERRED TO]


JUDGEMENT

Arijit Pasayat, J. - (1.)Leave granted.
(2.)Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Punjab and Haryana High Court. The appellants had filed Criminal Appeal No. 24-SB of 1993 questioning the correctness of the judgment of learned Additional Judge, Amritsar sentencing each of the accused to undergo rigorous imprisonment for five years and to pay a fine of Rs. 5,000/- each with default stipulation for alleged commission of offence punishable under Section 307 read with Section 34 of the Indian Penal Code, 1860 (in short the IPC). They were also convicted in terms of Section 324 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for one year each. Further each was convicted for offence punishable under Section 323 read with Section 34 IPC. The accusation which led to the trial of the accused person was that in furtherance of the common object of an unlawful assembly there was a murderous assault on Bhajan Singh (PW3) and for causing injuries on Malkha Singh (PW4). They were originally six accused persons and two of them namely Dilbagh Singh and Jaswant Singh were acquitted by the trial court.
(3.)The High Court after analyzing the evidence and the conclusions of the trial court held that the appellants were rightly convicted for offences punishable under Section 324 read with Section 34 IPC and Section 323 read with Section 34 IPC. However, it was held that the accusations for commission of offence punishable under Section 307 read with Section 34 IPC were not established. The sentences in respect of offences punishable under Section 324 read with Section 34 and Section 323 read with Section 34 IPC were upheld.


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