- (1.) BOTH the appellants faced trial for offences under Sections 307, 326, 324 read with Section 34 of Indian Penal Code (IPC) for causing injuries on the person of Kulwinder Singh PW2 and convicted thereunder. Appellant No.1 Sucha Singh (for short described as A -1) was sentenced to undergo, Rigorous Imprisonment for a period of ten years and to pay a fine of Rs.5,000/ -; in default of payment of fine to further undergo Rigorous Imprisonment for a period of two years under Section 307 IPC; Rigorous Imprisonment for a period of seven years and to pay a fine of Rs.3,000/ -; in default of payment of fine to further undergo Rigorous Imprisonment for a period of one year under Section 326 IPC; and Rigorous Imprisonment for a period of one year under Section 324 read with Section 34 IPC.
(2.) APPELLANT No.2 Amrik Singh (for short described as A -2) was sentenced to undergo Rigorous Imprisonment for a period of seven years and to pay a fine of Rs.3,000/ -; in default of payment of fine to further undergo Rigorous Imprisonment for a period of one year under Section 307 read with Section 34 IPC; Rigorous Imprisonment for a period of five years and to pay a fine of Rs.2,000/ -; in default of payment of fine to further undergo Rigorous Imprisonment for a period of six months under Section 326 read with Section 34 IPC; and to undergo Rigorous Imprisonment for a period of one year under Section 324 IPC. The substantive sentences of imprisonment were to run concurrently.
(3.) PROSECUTION against the appellants was launched by Gurdip Singh PW1 paternal uncle of the injured. On 17.3.1999 both Gurdip Singh and Kulwinder Singh were returning after paying obeisance in Gurdwara Achhal Sahib. At the bus stop of village Sekhwan, Gurdip Singh was getting air of the tyre of his scooter checked and Kulwinder Singh was sitting on the bench. At about 2.30 p.m. both the appellants came on a motorcycle and each of them took out their 'Datars' and started causing injuries to Kulwinder Singh. A -1 inflicted a severe 'Datar' blow to Kulwinder Singh chopping off his right forearm from the wrist. Kulwinder Singh had fallen on the ground. The second injury was inflicted by A -2 which hurt deep on the left leg of the injured. Thereafter the appellants inflicted more injuries to Kulwinder Singh with their respective weapons. The complainant and the nearby shopkeepers did not intervene because of fear of the appellants. Kuldeep Singh nephew of the complainant and many residents of nearby village came there and the appellants fled from spot with their respective weapons.;