- (1.) This order will dispose of Criminal Appeal No.180-SB of 2000 titled 'Sukhdev Singh and others vs. The State of Punjab' and Criminal Appeal No.462-SB of 2000 titled 'Sukhdev Singh vs. The State of Punjab'. In Criminal Appeal No.180-SB of 2000 appellants have been convicted for committing an offence under Sections 307/325/323/34 IPC and in Criminal Appeal No.462-SB of 2000 appellant has been convicted for committing an offence under Section 29 of the Arms Act, 1959.
(2.) Both cases have been decided by a common judgment dated 3.2.2000 by the learned Additional Sessions Judge, Mansa, and the facts arise out of the same incident in both cases and as such have been noticed in the impugned judgment dated 3.2.2000 as also in this order. Crl. Appeal No.180-SB of 2000 is directed against the order dated 3.2.2000 passed by learned Additional Sessions Judge, Mansa, in case FIR No.83 dated 30.9.1995 under Sections 307/325/323/34 IPC, registered at Police Station Sardulgarh, whereby appellant-accused Gurcharan Singh has been sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1000/- and in defalut of payment of fine to further undergo rigorous imprisonment for a period of one month for the offence punishable under Section 307 IPC. Appellants-accused Swarn Singh and Sukhdev Singh have been sentenced to undergo rigorous imprisonment for a period of 2 1/2 years each and to pay a fine of Rs. 1000/- each and in default of payment of fine to further undergo rigorous imprisonment for one month each for the offence punishable under Section 307 read with Section 34 IPC. Appellant-accused Swarn Singh has further been sentenced to undergo rigorous imprisonment for a period of 1 1/2 years and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for a period of one month for the offence punishable under Section 325 IPC whereas appellants-accused Sukhdev Singh and Gurcharn Singh have further been sentenced to undergo rigorous imprisonment for a period of one year each and to pay a fine of Rs. 500/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of one month each for the offence punishable under Section 325 read with Section 34 IPC. Appellants-accused Sukhdev Singh and Swarn Singh have further been sentenced to undergo rigorous imprisonment for nine months each and to pay a fine of Rs. 500/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of one month each for the offence punishable under Section 323 IPC. Gurcharn Singh has further been sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for a period of one month for the offence punishable under Section 323 read with Section 34 IPC. In Crl. Appeal No.462-SB of 2000, appellant-accused Sukhdev Singh has further been sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of one month for the offence punishable under Section 29 of the Arms Act, 1959. All the substantive sentences have been ordered to run concurrently.
(3.) Brief facts of the present case are that on 30.9.1995 at about 5.00 p.m. in the area of village Ranjitgarh Bandran, Gurcharan Singh accused in furtherance of common intention of his co-accused, namely, Sukhdev Singh and Swarn Singh caused grievous hurt to Harbeant Singh knowing or having reason to believe that if by that act he had caused his death, he would have been guilty of murder. Appellantaccused Swarn Singh and Sukhdev Singh facilitated the commission of crime. Swarn Singh appellant-accused in furtherance of common intention of his co-accused voluntarily caused grievous hurt on the person of Hargobind Singh by means of blunt weapon, whereas his coaccused Sukhdev Singh and Gurcharn Singh facilitated the commission of crime. Sukhdev Singh and Swarn Singh in furtherance of their common intention voluntarily caused simple hurt on the person of Hargobind Singh Gurdev Singh and Gurcharn Singh co-accused facilitated the commission of crime and Gurcharn Singh used licenced gun of his father Sukhdev Singh for illegal purpose after having been delivered the same to him by the licencee. On 30.9.1995 at about 5.00 p.m. Hargobind Singh and others were irrgating their fields by tubewell water, which was going through the canal water channel. Sukhdev Singh son of Kunda Singh and his son Swarn Singh, after taking turn of water of somebody else brought their water through the same water channel. On seeing this, Hargobind Singh asked Sukhdev Singh that he should stop flowing their water through the same water channel, through which he was irrigating his fields. Hargobind Singh protested to Sukhdev Singh for bringing water through the same water channel as he and his brothers were irrigating their fields with tubewell water. On this, Sukhdev Singh and Swarn Singh started quarreling with Harbeant Singh, Gurdev Singh and Hargobind Singh. Thereafter, Sukhdev Singh and Swarn left for their house. Hargobind Singh, Gurdev Singh and Harbeant Singh after irrigating their fields were returning to their house in the village. When they reached on the metalled road leading to their house in front of the door of Sukhdev Singh, Sukhdev Singh armed with gandasa was found standing in front of his house. Sukhdev Singh challenged them and also abused them in the name of their sister. Sukhdev Singh then gave a gandasa blow upon the head of Harbeant Singh, who was going ahead of Hargobind Singh and Gurdev Singh. On receipt of injury, Harbeant Singh retreated and when he was in the process of retreat, Gurcharn Singh son of Sukhdev Singh fired a shot from 12 bore licenced gun of his father Sukhdev Singh, which hit the left arm and abdomen of Harbeant Singh. On receipt of firearm injury, Harbeant Singh fell down. When Harbeant Singh fell down, Sukhdev Singh and his son Swarn Singh with their gandasas came forward to cause further injuries. Gurcharn Singh went inside his house with 12 bore gun. Hargobind Singh and Gurdev Singh stepped forward to save their brother Harbeant Singh when Swarn Singh gave a gandasa blow which hit his little finger and the left hand. Sukhdev Singh gave a gandasa blow on the head of Gurdev Singh. Hargobind Singh and Gurdev Singh then raised alarm, which attracted Kirpal Singh son of Gurdit Singh. When he challenged the accused, Sukhdev Singh and Swarn Singh with their respective weapons decamped from the spot. Hargobind Singh brought tractor trolley from his house and put his brother Harbeant Singh therein. Hargobind Singh and Gurdev Singh then took Harbeant Singh to Civil Hospital, Sardulgarh, in the tractor trolley, driven by Kirpal Singh. First aid was provided by the doctor at Civil Hospital, Sardulgarh, and Harbeant Singh was referred to Civil Hospital, Mansa. Hargobind Singh and Gurdev Singh were, however, admitted in the Civil Hospital, Sardulgarh, and were medico-legally examined. Intimation of admission of Hargobind Singh and Gurdev Singh was not sent by the doctor of Civil Hospital, Sardulgarh. Doctor sent the intimation to the SHO, P.S. Sardulgarh, on 30.9.1995 at 7.15 p.m. that Harbeant Singh with firearm injuries was lying in the hospital. Gulzar Singh ASI went to the Civil Hospital, Sardulgarh, and moved an application Ex.P.C. seeking opinion of the doctor as to whether Hargobind Singh and Gurdev Singh were fit to make statements. The doctor vide endorsement Ex.P.C/1 declared both of them to make statements. Gulzar Singh ASI moved another application Ex.PH to know whether Harbeant Singh, who was admitted with firearm injuries was fit to make statement. The doctor vide endorsement Ex.PH/1 stated that he had been referred to Civil Hospital, Mansa, where Harbeant Singh was referred to DMC, Ludhiana, where he was admitted at 1.40 p.m. on 1.10.1995. On the statement of Hargobind Singh Ex.P.E., FIR Ex.PE/2 was registered. Copy of the FIR was received by the Illaqa Magistrate on 1.10.1995 at 12.50 p.m. Thereafter, the statement of Gurdev Singh was recorded by Gulzar Singh. The site was inspected and an empty of 12 bore double barrel gun was lifted from the spot, which was put into tin box, which was sealed with the seal bearing impression GS belonging to Gulzar Singh ASI and was taken into possession vide Ex.PM. Memo was attested by Kirpal Singh and Jaspal Singh. The blood stained earth and simple earth were lifted from the spot and were put in a separate tin boxes and converted into parcels and were sealed with the seal bearing impression G.S. and thereafter the same were taken into possession vide memo Ex.PN. Ex.PN was attested by the aforesaid witnesses. On 2.10.1995, Gulzar Singh ASI along with a police official went to Dayanand Medical College and Hospital, Ludhiana, for recording the statement of Harbeant singh. An application Ex.PO was moved before the doctor seeking his opinion as to whether Harbeant Singh was fit to make statement. The doctor vide endorsement Ex.PO/1 declared Harbeant Singh fit to make statement. Thereafter, statement of Harbeant Singh was recorded. Harbeant Singh produced niker (underwear) P-5 and parna P-6 stained with blood before ASI Gulzar Singh. Underwear was having wholes of pellets. Parna and niker were converted into parcel and sealed with the seal bearing impression GS and taken into possession vide memo Ex.PG, attested by Harbeant Singh and Kashmiri Lal. The doctor then produced copy of MLR of Harbeant Singh before ASI Gulzar Singh. The ASI Gulzar Singh went to the Incharge Security Guard DMC Ludhiana. He produced before him the glass bottle containing the pellets. It was sealed with the seal of the doctor and same was taken into possession vide memo Ex.PQ attested by Kashmiri Lal Constable. Statements of the witnesses were recorded on various stages of the investigation. Case property was deposited with the MHC. After completion of the investigation, accused were challaned under Sections 307, 325, 323, 34 IPC and under Sections 29, 30 of the Arms Act, 1959. After investigation, challan was presented before the Magistrate. Copies of the documents were supplied to the accused party. After the Magistrate committed the case to the Court of Sessions, charges under Section 307 IPC against Gurcharn Singh, under Sections 307/34 IPC against Sukhdev Singh and Swarn Singh, under Section 325 against Swarn Singh, under Section 325/34 against Sukhdev Singh and Gurcharn Singh, under Section 323 IPC against Sukhdev Singh and Swarn Singh and under Section 323/34 IPC against Gurcharn Singh and under Section 29 and 30 of the Arms Act against Sukhdev Singh accused, were framed by the Court of Sh. R.M. Gupta, learned Additional Sessions Judge, Mansa.;