Kanwaljit Singh Ahluwalia, J. - (1.) FOUR Appellants, namely, Surender Singh, Gurmeet Singh, Pirthi Pal Singh and Amarjit Singh, along with Tilak Raj @ Tili who died during trial, were sent for trial by Police Station City Panipat in case FIR No. 129 dated 7.2.1998, under Sections 148, 323, 324, 325, 326, 450 and 506 read with Section 149 IPC. The present Appellants have been held guilty of offences under Sections 148, 323, 324, 325, 326, 450 and 506 read with Section 149 IPC vide the impugned judgment dated 5.5.2003. Vide separate order of even date, the Appellants have been sentenced as under: The convicts are sentenced to undergo RI for a period of 5 years and to pay a fine of Rs. 1,000/ - under Section 326 IPC. They are also sentenced to undergo RI for a period of 3 years under Section 325 IPC and to pay a fine of Rs. 500/ - each. They are also sentenced to undergo RI for a period of 2 years under Section 324 IPC. They are also sentenced to undergo RI for a period of 1 year under Section 323 IPC. They are also sentenced to undergo RI for a period of 4 years under Section 450 IPC and to pay a fine of Rs. 500/ - each. They are also sentenced to undergo RI for a period of 6 months for the commission of offence punishable under Section 506 IPC. They are also sentenced to undergo RI for a period of 5 months under Section 148 IPC. In default of payment of fine, convicts shall further undergo RI for a period of 3 months. However, all the sentences shall run concurrently.
(2.) HARBHAJAN Singh P.W. 8 lodged report Ex. PF. He stated that he is resident of Ram Nagar, Tehsil Camp Panipat and was doing agricultural work at Noorwala. Amarjit Singh and Tili used to sell liquor in the street where the house of the complainant is situated. Complainant and his wife Sukhwinder Kaur asked these boys not to sell liquor in front of their house. Two days before the occurrence, complainant Harbhajan Singh made the accused to run away from the street. While going, the accused threatened that they would see the complainant. On 6.2.1998 at about 10 p.m., complainant Harbhajan Singh was coming from village Urlana to his house. In the street, he found Gurmeet Singh Pirthi Singh and Surender Singh armed with sword, gandasa and lathi. Amarjit Singh and Tili were armed with iron rod and lathi respectively. When the complainant reached near the door of his house and his wife opened the door of the house, all the accused trespassed into his house; they raised lalkara and opened attack with their respective weapons. All the accused caused injuries to Sukhwinder Kaur, wife of the complainant. On the basis of statement Ex. PF, formal FIR Ex. PE was registered. The case after investigation was committed and the Appellants along with Tilak Raj @ Tili were charged for offence under Section 323 read with Sections 149, 324 read with 149, 325 read with 149 and 326 read with 149 IPC. They were also charged for offence under Section 450 IPC. All the accused pleaded not guilty and claimed trial. In the present case, Harbhajan Singh P.W. 8 and Sukhwinder Kaur P.W. 9 are eye witnesses of the occurrence being injured. Their presence at the spot is stamped. It has come in evidence that Harbhajan Singh was medico -legally examined on 8.2.1998 and he suffered the following injuries: 1. An incised wound 3.5 cm x 1 cm x 1 cm on left side of forehead with spindle shape, clean cut margins and fresh bleeding. The wound was 3 cm above left eye brow. 2. An incised wound size 2.5 cm x .8 cm x .6 cm on left side of scalp, 4 cm behind 1.5 cm lateral to midline. Wound was spindle shape with clean cut margins and fresh bleeding. 3. A lacerated wound size 1.5 cm x .5 cm x .5 cm on the left side of scalp 3 cm behind injury No. 2 and 3 cm lateral to midline, fresh bleeding was present and margins were irregular.
(3.) A lacerated wound size 1 cm x .2 cm x .3 cm on the right side of forehead, 1 cm above right eye brow. Fresh bleeding and irregular margins were present.;