- (1.) BY way of this judgment, it is proposed to dispose of CRA -S -883 - SB of 2003, CRA -S -905 -SB of 2003, CRA -S -906 -SB of 2003 and CRA -S - 907 -SB of 2003, as all the four appeals involve common questions of fact and law and have emanated from a common judgment of conviction dated 21.04.2003 and order of sentence dated 23.04.2003 passed in Sessions Case No.54 of 2002, whereby the Court of learned Additional Sessions Judge, Fast Track Court, Kurukshetra, (hereinafter referred to as 'trial Court') has convicted and sentenced the appellants as under: - "148 of the Indian Penal Code: to undergo rigorous imprisonment for a period of two years each; 307 read with Section 149 of the Indian Penal Code: to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.1000/ - each and in default of payment of fine, they shall further undergo rigorous imprisonment for a period of three months each; 323 read with Section 149 of the Indian Penal Code: to undergo rigorous imprisonment for a period of six months each; 324 read with Section 149 of the Indian Penal Code: to undergo rigorous imprisonment for a period of one year each; 325 read with Section 149 of the Indian Penal Code: to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.500/ - each and in default of payment of fine, they shall further undergo rigorous imprisonment for a period of one month each; 380 read with Section 149 of the Indian Penal Code: to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.500/ - each and in default of payment of fine, they shall further undergo rigorous imprisonment for a period of one month each; 427 read with Section 149 of the Indian Penal Code: to undergo rigorous imprisonment for a period of one year each; 450 read with Section 149 of the Indian Penal Code: to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.500/ - each and in default of payment of fine, they shall further undergo rigorous imprisonment for a period of one month each;
(2.) FACTUAL matrix suggests that on 23.03.1993, PW3 -Baljinder Singh, the complainant, and Raj Pal had taken on lease three shops and eleven rooms on the ground floor, one chobara and kitchen on the first floor at Dera Kala, Kurukshetra from Wakf Board, Ambala, for Rs.1,06,460/ -. This property, at that time, was in possession of one Dalip Singh of Pehowa. Complainant - Baljinder Singh and Rajpal approached said Dalip Singh for delivery of possession of the property to them on 11.04.1993 and put their articles used for shuttering business, therein. Afterwards, complainant -Baljinder Singh and Raj Pal learnt that the said property had been sold by Hafijan Begum to appellant - Saravjit Singh without permission of the Wakf Board. Accordingly, Saravjit Singh started nursing a grouse against the complainant party. The appellants and their companions started coming to the property in dispute and this compelled the complainant party to obtain an order of injunction from the civil court on 16.04.1993. Appellant -Saravjit Singh then lodged a case against the complainant party alleging kidnapping of Dalip Singh. In the night intervening 18.04.1993 and 19.04.1993, when complainant -Baljinder Singh and his friends and relatives, including Devinder Pal, Rajinder Pal, Surender Kumar, Roop Chand, Ranjit Singh and Kabul Singh were sleeping in the chobara, i.e., the disputed property, at about 3:00 or 3:30 a.m. the appellants climbed the roof with the help of a ladder. At that time an electric bulb was on. The appellants attacked the complainant party. Appellants -Saravjit Singh, Jang Bahadur and Harjit Singh alias Bittu were carrying country made .12 bore pistols while appellants -Amarjeet Singh, Rubi Mahant, Gurbax Singh, Pappu, Amarjeet Singh, Jasbir and Ravinder Singh were armed with lathis, gandasis and kirpan.
(3.) THEY were accompanied by 7 -8 other persons. Gurbax Singh and Saravjit Singh recovered from beneath the beds of Kabul Singh and Ranjit Singh one DBBL gun and one licensed revolver. Appellant -Saravjit Singh fired shots from the country made pistol. The pellets hit the complainant -Baljinder Singh on his forehead and other parts of his body. Appellants -Jang Bahadur and Bittu also fired shots from their respective pistols and their pellets hit Devinder Pal and Surender Kumar, as also the complainant -Baljinder Singh and others. Appellant -Amrik Singh inflicted gandasi blow on the head of complainant - Baljinder Singh. Appellant -Pappu administered lathi blows on the person of the complainant -Baljinder Singh. Other appellants, who were armed with lathis and gandasis also caused injuries on the persons of Devinder Pal Singh, Rajinder Pal, Surinder Kumar and Roop Chand. While leaving the scene of occurrence, they also broke the doors of the house and took away bedding, cash amounting to Rs.5,700/ -, a chain, a wrist watch and other articles belonging to the complainant. On the statement of the complainant -Baljinder Singh, First Information Report was recorded, matter was investigated into and on completion of investigation, a report in terms of Section 173(2) of the Code of Criminal Procedure (for short 'Cr.P.C.') was presented before the learned jurisdictional Magistrate, who, in view of the fact that offence under Section 307 of the Indian Penal Code (for short 'IPC') was triable exclusively by the Court of Session, committed the case to the Court of Session and it was ultimately entrusted to the learned Additional Sessions Judge, Fast Track Court, Kurukshetra, for trial.;