JAWAHAR LAL GUPTA, J. - (1.) The four appellants in these two appeals have been held guilty of offences punishable under Sections 302, 326, 324 read with Section 34, I.P.C.Three of them have filed Criminal Appeal No. 329-DB of 1997. Daljit Singh has filed a separate appeal No. 455-DB of 1997. Since both the appeals arise out of one incident and one judgment delivered by the trial Court, these have been heard together and are being disposed of by a common order.
(2.) The prosecution story has been revealed by Jagwant Singh (P.W.4). The incident is alleged to have taken place on December 21, 1994 at 4.15 p.m. The injured were carried to the Hospital. The Doctor had sent a message to the Police Station. The statement of Jagwant Singh was recorded by Inspector Jagir Singh (P.W.8) at 7.45 p.m. On the basis of this statement, FIR Ex. PM/2 was recorded at 8 p.m. The special report was delivered to the Judicial Magistrate Ist Class, Ferozepur Cantonment at 10.15 p.m.
(3.) The victims and the appellants were college students. It is alleged that there was a quarrel between them at about 9.15 in the morning. Thereafter, at about 4.15 p.m. Jagwant Singh along with Jasdip Singh, Shivcharan Singh, Harbant Singh and Harbir Singh was going in a jeep. Two others - Kulwinder Singh and Harwinder Singh were going in a car. They dropped Harbir Singh at his house. Having dropped him, they were going back towards the bus stop to go to their respective villages. When they reached near the "Dattan Chowk, Ferozepur Cantonment," they found that Sukha Singh and Sukhbirpal Singh armed with 'kirches, Major Singh and Daljit Singh armed with 'kirpans' were standing. On seeing Jagwant Singh etc., they started "raising 'lalkara' and tried to assault." Kulwinder Singh sped away in the car. However, Shivcharan Singh, Jasdip Singh, Harbant Singh and Jagwant Singh got down from the jeep "after stopping it." It is alleged that Sukha Singh gave two blows with his 'kirch' to Shivcharan Singh "on his chest." Daljit Singh gave two 'kirpan' blows to Shivcharan Singh on "his head and right arm respectively." Shivcharan Singh fell down. While he was lying fallen, Major Singh is alleged to have given two 'kirpan' blows "on his right flank and below the right knee respectively." Sukhbirpal Singh had allegedly given a 'kirch' blow to him on "the left side of his chest." The complainant party tried to save Shivcharan Singh. Thereupon, Major Singh gave a 'kirpan' blow which injured the left hand of Jagwant Singh. Sukhbirpal Singh gave a 'kirpan' blow to Jasdip Singh which hit him on the left side of his shoulder. The injured party raised an alarm. The four persons fled away with their respective weapons. Thereafter, Harbant Singh removed Shivcharan Singh and other injured persons to the Hospital. Shivcharan Singh succumbed to his injuries in the Hospital.;