Kanwaljit Singh Ahluwalia, J. - (1.) BY this common order, Criminal appeals viz. Criminal Appeal No. 1104 -SB of 2003, preferred by Satwant Singh alias Rocky, Criminal Appeal No. 1108 -SB of 2003, preferred by Sham Lal, Criminal Appeal No. 1122 -SB of 2003, preferred by Mohinder Singh, shall be decided together along with Criminal Revision No. 2011 of 2003, preferred by Gurbax Singh, complainant -injured.
(2.) APPELLANTS Sham Lal, Satwant Singh alias Rocky and Mohinder Singh were sent to trial along with their co -accused Kuldip Singh, Ravinder Singh, Gurpreet Singh, Gurdeep Singh and Kashmir Singh alias Rana. Kuldip Singh died during the course of trial and Gurdeep Singh was declared as a Proclaimed Offender. The trial Court, vide its judgment dated 21.5.2003, had acquitted Ravinder Singh, Gurpreet Singh and Kashmir Singh alias Rana on the ground that their names were not mentioned in the FIR. However, the trial Court held the Appellants guilty for the offence under Sections 325 and 325 read with Section 34 IPC and vide a separate order of even date, sentenced them as under: The Appellants were acquitted of the charges under Sections 308, 452, 323, 148 and 149 IPC. P.W. 8 Gurbax Singh had made a statement Ex. P.W. 8/A to P.W. 9 Pritam Singh, Assistant Sub Inspector, stating that he was a resident of Misra Mohalla, Noormahal and was doing practice of Homoeopathy. He was having a haveli adjoining his house, boundary wall whereof has been raised. On 13.5.1997, as usual he was sleeping in his house along with his family members and at about 2.00 A.M. in the mid night, barking of the pet dog was heard due to which Gurbax Singh woke up. He opened the door and went towards the side of haveli where he found that one person was roaming there. He went forward and saw that the said person was Sham Lal son of Joginder Pal, caste Khatri. P.W. 8 Gurbax Singh confronted him as to what was he doing there, upon which Sham Lal raised a lalkara and called seven/eight persons, who were sitting in his house. Sham Lal gave a blow from his dang which hit on the back of right side of Gurbax Singh. The other accused had also started giving blows and injured the complainant. Then Sham Lal gave another blow with dang which hit on the right knee of Gurbax Singh due to which he fell down. All the other accused were giving blows with dangs and sotas. The complainant had raised a noise of "Maar Ditta" "Maar Ditta". On hearing the noise, Harmej Kaur wife and Harpal Singh and Karampal Singh, sons of the complainant, were attracted to the spot. They had witnessed the entire occurrence. On seeing them, all the accused ran away from the spot along with their respective weapons. The complainant has further stated that out of seven/eight persons, he knew two, namely Satwant Singh alias Rocky and Mohinder Singh, who had participated in the occurrence. The cause of grudge was that the complainant was having a civil litigation with Sham Lal.
(3.) THE occurrence, in the present case, had taken place on the night intervening 13/14.5.1997 at about 2.00 A.M. The statement of Gurbax Singh, complainant, was recorded on 15.5.1997 at about 4.20 P.M. and the FIR Ex. P.W. 9/A was recorded on the same day at about 4.30/5.15 P.M. at Police Station Noormahal.;