- (1.) This order will dispose of CRA No.D-143-DBA of 2001 filed by the State and Criminal Revision No. 312 of 2000, filed by the injured Pritpal Singh, arising out of a common judgment and order dated 17.11.1999.
(2.) Respondent No.1 is the father, respondent Nos.2 and 3 are his sons. It was allegation against them that on 25.5.1994, at 7.00 a.m. in the area of village Gagarpur, in furtherance of their common intention, they had caused simple and grievous injuries to Pritpal Singh. Initially, an FIR was recorded for commission of offences under Sections 324, 323/34 IPC, however, subsequently, on getting medical report, with regard to injuries received by Pritpal Singh, an offence under Section 326 IPC was added in the FIR. Process of law was set in motion on a statement made by PW3 Pritpal Singh injured on 27.5.1994 (Ex.PA) at 10.50 a.m. His statement was recorded by ASI Kulwant Singh (PW5). FIR (Ex.PA/2) was registered against the respondents in police station Kotwali Sangrur on 27.5.1994 at 11.30 a.m.
(3.) The trial Judge has noted the following facts regarding case of the prosecution:- "According to the complainant, on 25.5.94 he alongwith his father Gurmail Singh, sisters Sukhpal Kaur and Jaspal Kaur was going from their house, situated in the fields to village Gagarpur in connection with seeing his aunt Gurmail Kaur wife of Ranjit Singh. On their reaching near the fields of Gurbax Singh, resident of Gagarpur, at about 7 AM, on the Kacha Path, Dharam Singh son of Jiwa Singh, Mohinder Singh son of Dharam Singh, resident of village Gagarpur and Ravinder Singh son of Tirlok Singh, resident of Gharachon encircled them. Dharam Singh raised Lalkara to eliminate the complainant and gave a reverse Gandasi blow on the left eye of the complainant. Ravinder Singh grappled the complainant and Mohinder Singh gave Ghop blow on the left eye of the complainant Pritpal Singh. With the result of those injuries complainant fell down on the ground. Sisters of the complainant fell on the complainant crying in order to save the complainant but accused managed to escape with their respective weapons. Father of the complainant arranged conveyance and rushed the complainant to the civil hospital on 25.5.94.";