Kanwaljit Singh Ahluwalia, J. - (1.) BY this common order, Crl. Appeal No. 20 -SB of 2003 (preferred by Sarbjit Singh, Bhinder Singh, Darshan Singh and Jarnail Singh), and Crl. Revision No. 314 of 2003 (preferred by Dharam Singh - complainant), shall be decided together.
(2.) SARBJIT Singh, Bhinder Singh, Darshan Singh and Jarnail Singh were named as accused in case FIR No. 77 dated 12.8.2000 registered at Police Station Sherpur, under Sections 307, 452, 324, 325, 323 read with Section 34 IPC. The court of Additional Sessions Judge (Ad hoc), Fast Track, Sangrur vide judgment dated 13.12.2002 acquitted them of offence under Section 307 IPC but held them guilty of offences punishable under Sections 452, 325, 324, 323 read with Section 34 IPC and vide order of even date, sentenced them as under: All the accused are sentenced to undergo RI for 2 years and a fine of Rs. 500/ -each under Section 452 IPC. In default of payment of fine, the accused shall further undergo RI for 6 months. Accused Jarnail Singh @ Kaka is sentenced to undergo RI for one year and a fine of Rs. 500/ -under Section 325 IPC. In default of payment of fine, he shall further undergo RI for 3 months. Accused Sarbjit Singh, Darshan Singh & Bhinder Singh are sentenced to undergo RI for one year and a fine of Rs. 500/ -under Section 325 read with Section 34 IPC. In default of payment of fine, they shall further undergo RI for three months. Darshan Singh accused is sentenced to undergo RI for 9 months under Section 324 IPC & Sarbjit Singh, Bhinder Singh & Jarnail Singh accused are sentenced to undergo RI for 9 months under Section 324 read with Section 34 IPC. Accused Sarbjit Singh is sentenced to undergo RI for 6 months under Section 323 IPC while Darshan Singh, Bhinder Singh & Jarnail Singh are sentenced to undergo RI for six months under Section 323 read with Section 34 IPC. Accused Bhinder Singh is sentenced to undergo RI for 6 months under Section 323 IPC and Darshan Singh, Sarbjit Singh and Jarnail Singh are sentenced to undergo RI for six months under Section 323 IPC read with Section 34 IPC. All the sentences shall run concurrently. Dharam Singh PW4 made statement Ex.PW4/A to ASI Jasbir Singh PW7 wherein he stated that he is resident of village Katron; they were three brothers. He was elder and all the three were residing jointly with parents. In the front of his residential house, there is one outer house. On 11.8.2000 at about 8 p.m., he was returning to the inner house after parking the tractor in the outer house. At that time, his father Joginder Singh came out to urinate in the courtyard. At that time, Sarbjit Singh, Darshan Singh both armed with gandasas, Kaka Singh and Bhinder Singh both armed with dangscame there. Sarbjit Singh raised a lalkara that a lesson be taught for raising the construction at Dharamshala. At this, Darshan Singh gave a gandasa blow from its sharp side on the head of Joginder Singh and Sarbjit Singh gave a gandasa blow from its blunt side on the right eye of Joginder Singh due to which Joginder Singh fell down. On hearing lalkararaised by Darshan Singh, Dharam Singh's brother Sukhdev Singh and niece Manjit Kaur also arrived at the spot. Kaka Singh gave a sotiblow on the right hand of Dharam Singh and Bhinder Singh gave a sotiblow on the right leg of Manjit Kaur. All the four accused being residents of the village were known to the complainant party. At that time, an electric bulb was emitting light in the courtyard of the outer house. On the raulabeing raised by the complainant, all the accused ran away with their respective weapons. The injured were brought in a Tata Sumo and were got admitted in the hospital for treatment. Joginder Singh father of the complainant was in unconscious state. Manjit Kaur was residing with the family of the complainant from the last 12/13 years. Cause of grudge stated to be was, that about two years ago, a Dharamshala was constructed in the village and the complainant was a Member of the Dharamshala Committee. Accused never wanted construction to be made at the Dharamshala. Due to this reason, they had caused injuries. The above stated FIR was investigated and report under Section 173 Cr.P.C was submitted.
(3.) PW 1 Dr. Ramesh Kumar Sharma, on 11.8.2000, had medico -legally examined Joginder Singh and had found the following injuries on his person: 1. There was an incised wound 5 cm x 0.5 cm into bone deep on the scalp from the frontal bone to the parietal region antero posterialy, lying on the sajittal suture with profuse bleeding, vomiting and vertigo were present. Patient was kept under observation. 2. There was a contusion mark with swelling of both right upper and lower eye lids. Eyes were not examined. Patient was kept under observation.;