- (1.) Pritam Singh, A-2 Jasbir Singh, A-3 Dalbir Singh, A-4 Ajit Singh and A-5 Mohinder Singh faced the trial before the Additional Sessions Judge, Nawanshahar. A-1 to A-3 were convicted but A-4 and A-5 were acquitted by the trial Court. A-1 Pritam Singh, who was convicted for the offences under Sections 333, 353 and 332 read with Section 34 of the Indian Penal Code, A-2 Jasbir Singh and A-3 Dalbir Singh, who were convicted for offences under Sections 332, 353 and 333 read with Section 34 of the Indian Penal Code have preferred the present appeal.
(2.) It is reported that 1st accused Pritam Singh had passed away during the pendency of the appeal. The same is verified by the respondent-State and reported that the first accused Pritam Singh had died. Therefore, the appeal qua the 1st accused/1st appellant Pritam Singh abated. Prosecution Case :-
(3.) a) It is a case of the prosecution that on 12.06.1996 at about 00.30 hours, PW-2 Manmohan Singh Walia, Engineer accompanied by PW-3 R.L. Agnihotri, PW-4 Malkiat Singh and PW-5 Ajit Singh were in the process of checking the illegal consumption of electricity at the fields in Cheta village. The residential farm house of the 1st accused Pritam Singh was thoroughly checked. The Inspection Party found that the motor fixed by the 1st accused Pritam Singh was run on a single phase. The domestic light was also connected directly from the tubewell motor. The condenser fixed was removed. b) After having checked another motor, the Inspection Party started returning. The 1st accused Pritam Singh armed with kirpan, the 2nd accused Jasbir Singh and 3rd accused Dalbir Singh each armed with gandasi confronted it (Inspection Party) by saying that they were thieves. The Inspection Team having informed that they hailed from Punjab Electricity Board, showed their identity cards. In spite of that, the 1st accused Pritam Singh gave a kirpan blow on PW-3 R.L. Agnihotri, the 2nd accused gave a gandasi blow on the back of the left knee of PW-3 and the 3rd accused Dalbir Singh gave a gandasi blow to PW-4 Malkiat Singh on his right wrist. The 2nd accused Jasbir Singh also gave a gandasi blow on the back of the left knee of PW-5 Ajit Singh. He also caused injuries to the private parts of PW-4 Malkiat Singh. After leaving behind shoes and torch etc. they came down to Katarian Police Post and narrated the entire occurrence to Balbir Singh, Head Constable and thereafter they proceeded to the Civil Hospital, Mahilpur for their treatment. c) Bikker Singh, Assistant Sub Inspector came to the hospital and recorded statement Ex.PG of the injured witness Ajit Singh, PW-5. A formal First Information Report Ex.PG/2 was registered. The blood stained clothes Ex.P4, Ex.P5 and Ex.P6 were recovered from PW-3 R.L. Agnihotri. The articles left behind by the injured witnesses namely shoe Ex.P7, another shoe Ex.P8 and torch light Ex.P-9 were recovered under memo Ex.PE. A-1 to A-3 were arrested on 14.06.1996 and remanded to judicial custody. Based on the disclosure statement given by the 2nd accused Jasbir Singh Kirpan Ex.P10, gandasi Ex.P-11 condenser Ex.P-13 and electric wire Ex.P12 were recovered from the heap of dried dung cakes near the house of A-3. PW-1 Dr. Dilbag Rai examined PW-3 R.L. Agnihotri on 12.06.1996 and found incised wound on the back of his right arm. PW-3 R.L. Agnihotri also complained of pain in his left shoulder. The copy of the MLR was marked as Ex.PA. d) PW-1 Dilbag Rai also examined on the very same day PW-5 Ajit Singh and found contusion on the back of the left lower part of his thigh. An abrasion in the middle of the right shin was also noted down by him. He issued MLR Ex.PC qua PW-5 Ajit Singh. e) He also examined on the very same day PW-4 Malkiat Singh and found swelling on the dorsum of the right wrist joint. A contusion was also found. The injured was kept under observation. He issued MLR Ex.PD qua PW-4 Malkiat Singh. f) PW-10 Dr. Surinder Gangar, Radiologist, Civil Hospital, Hoshiarpur took x-ray of PW-5 Ajit Singh and PW-3 R.L. Agnihotri. He reported that there was no fracture noted in the x-ray of PW-5 Ajit Singh but there was a fracture noted in the x-ray of PW-3 R.L. Agnihotri taken by her. g) PW-13 Bikker Singh, ASI having completed investigation, filed final report against all the five accused. Statement of Accused:;