- (1.) This is an appeal directed by accused-appellants against the judgment dated 1.05.2003, passed by Sh.D.S.Malwai, Addl. Sessions Judge, Bhatinda, vide which the accused-appellants have been convicted whereas, Balour Singh has been convicted under Section 307 IPC and accused-appellants Sukhpal Singh and Nazar Singh have been convicted under Section 307 IPC read with Section 34 IPC and sentenced as under:- JUDGEMENT_1224_LAWS(P&H)8_2013_1.html
(2.) The law was set in motion by recording the statement of Jasvir Singh son of Bhagwan Singh, resident of Rajgarh Kuba, eyewitness of the occurrence who has stated that he is a resident of Rajgarh Kuba and is an agriculturist. Their fields are on Kamalu Road and a passage sprouts from the metallic road towards their fields. Firstly, there were fields of Balour Singh, who is cousin from the locality, then fields of Sampuran Singh and thereafter their fields. On 26.06.1999, he, his brother Amrik Singh were preparing fields to plant paddy. Jaskaur Singh son of Sampuran Singh, who is joint with Balour Singh, Sukhpal Singh son of Dhan Singh. At about 12 O' clock, Balour Singh son of Dhan Singh armed with Kahi, Sukhpal Singh son of Dhan Singh and Nazar Singh who is father-in-law of Balour Singh empty handed came near Jaskaur Singh and started picking up quarrel. In the meantime complainant and his brother also came nearby then Nazar singh raised a lalkara to catch hold of him and to teach a lesson for daily picking up quarrel of passage in routine. Then Sukhpal Singh took Jaskaur Singh in his grip and Balour Singh son of Dhan Singh gave Kahi blow with intention to kill him on his head which fell on the left side of his head and they raised lalkara of 'Marta-Marta' and all the three accused ran away from the spot after leaving Jaskaur Singh. Jaskaur Singh was removed to Civil Hospital, Maur from where he was referred to G.H. Bhatinda. Authority of Government Hospital, Bhatinda referred him to D.M.C. where Jaskaur Singh was kept for treatment. On the statement of the complainant formal FIR was registered. After completion of the investigation challan was presented against the accused in the Court.
(3.) Copies of challan as envisaged under Section 207 Cr.P.C. were supplied to the accused free of costs and the case was committed to the Court of Sessions.;