- (1.) Appellants- Bishamber Singh and others have directed the present appeal against the judgment and order dated 16.1.2002 passed by Shri Fateh Deep Singh, learned Additional Sessions Judge, Gurdaspur vide which accused/appellants have been convicted under Sections 313, 325, 323 read with Section 34 of the Indian Penal Code ( in short - the IPC ) and sentenced to undergo rigorous imprisonment as under :- (i) Convict Ujjagar Singh under Section 313 of the IPC and convicts Bishamber Singh, Jamit Singh and Joginder Singh under Section 313/34 of the IPC were sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.2000/- each or in default of payment of fine, to further undergo RI for six months. (ii) Convict Ujjagar Singh under Section 325 of the IPC and convicts Bishamber Singh, Jamit Singh and Joginder Singh under Section 325/34 of the IPC were sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/- each or in default of payment of fine, to further undergo RI for two months. (iii) Convict Jamit Singh under Section 323 of the IPC and convicts Bishamber Singh, Ujjagar Singh and Joginder Singh under Section 323/34 of the IPC were sentenced to undergo simple imprisonment for a period of six months and to pay a fine of Rs.500/- each or in default of payment of fine, to further undergo SI for one month. (iv) Convict Joginder Singh under Section 323 of the IPC and convicts Bishamber Singh, Ujjagar Singh and Jamit Singh under Section 323/34 of the IPC were sentenced to undergo simple imprisonment for a period of six months and to pay a fine of Rs.500/- each or in default of payment of fine, to further undergo SI for one month. However, all the sentences were ordered to run concurrently.
(2.) The case of the prosecution in brief is that the present case was instituted by Nazeeran Bibi against accused-appellants vide FIR No.67 dated 1.9.1999 under Sections 313, 325 and 323 read with Section 34 of the IPC registered at Police Station Shahpur Kandi. It is alleged that Ala Din husband's brother of complainant purchased the land measuring 1 kanal 2 marlas vide sale deed dated 27.3.1997. There is a dispute regarding the said land with Jamit Singh and others. On 22.8.1999 at about 6.00p.m. she had gone to the said plot to milk the cattle, which were tethered over there. Accused Bishambar Singh and Ujjagar Singh empty handed, Jamit Singh armed with Tangli, Joginder Singh armed with Danda came at the plot and accused Bishambar Singh raised a lalkara for teaching a lesson to them for tethering their cattle and as a consequence of which accused Jamit Singh gave a blow of his Tangli, which hit Nazeeran Bibi on her left back, one blow was given by Joginder Singh of his Danda to the complainant which hit on her left shoulder and thereafter accused Ujjagar Singh gave a kick blow of his right foot, which hit the abdomen/stomach of Nazeeran Bibi and in the meantime Ala Din and Fateh Mohammed, both eye-witnesses, raised an alarm and the accused ran away along with their respective weapons. The complainant went to her house where she developed the problem at night. On 23.8.1999 at 8.30a.m., she was got admitted in Civil Hospital Pathankot where she was medico legally examined and was referred to Gynecologist treatment, where ultimately on 27.8.1999 at 7.15a.m., she underwent abortion on account of the injuries. After completion of the investigation challan was presented against the accused.
(3.) The case was triable by Court of Sessions and the same was committed to the Court of Session and was entrusted to the Court of learned Additional Sessions Judge, Gurdaspur.;