- (1.) The accused who were convicted and sentenced by the trial court have preferred the above Criminal Appeals. Manpreet Singh has filed Criminal Revision No. 270 of 2009 challenging the acquittal recorded by the trial Court in the counter case lodged by him. The complainant Namdar Singh has filed Criminal Revision No. 2287 of 2008 praying for enhancement of sentence and compensation. As all these appeals and the Criminal Revisions were connected with each other, they were taken up together for common disposal.
(2.) Accused Rajinder Singh had died as per the custody certificate produced by the learned Additional Advocate General appearing for the State of Punjab and accused Sadhu Singh son of Mukhtiar Singh had died as per the death certificate produced by the learned Additional Advocate General appearing for the State of Punjab. Therefore, Criminal Appeal No. D-679-DB of 2008 qua accused Rajinder Singh and Criminal Appeal No. D-714-DB of 2008 qua accused Sadhu Singh son of Mukhtiar Singh abated.
(3.) The complainant Namdar Singh suffered a statement as follows:- He had a plot adjacent to the plot of accused Rajinder Singh. Rajinder Singh interfered with the possession of the plot possessed by Namdar Singh. Namdar Singh laid foundation for putting up a boundary wall in his plot. Accused Rajinder Singh came along with his son accused Manpreet Singh and others and tried to prevent Namdar Singh from raising wall. Namdar Singh out of fear of fight proceeded to call the Panchayat members. Iqbal Singh (since deceased) was the Ex-Sarpanch of the village. He came along with his brother Harbans Singh and Jagjit Singh to the spot. Accused Rajinder Singh, accused Manpreet Singh and accused Tota Singh were found armed with .12 bore gun each. Accused Gurcharan Singh, accused Sadhu Singh son of Mukhtiar Singh, accused Paramjit Singh and accused Gurdev Singh were found with Takua. Accused Gamdoor Singh raised lalkara that Namdar Singh should be taught a lesson for raising wall and his supporter Iqbal Singh for opposing Manpreet Singh in the election of Sarpanch. Accused Manpreet Singh fired a shot from his .12 bore gun which hit Iqbal Singh on his chest. Accused Rajinder Singh fired a shot at Namdar Singh which hit on his left ankle. PW7 Harbans Singh tried to run away out of fear. Tota Singh fired at him which hit him on his back. Sadhu Singh son of Mukhtiar Singh gave a Takua blow on Iqbal Singh on the back side of his head. Jagjit Singh came forward to rescue the complainant party. Accused Gurcharan Singh gave a Takua blow on his forehead. Accused Gurdev Singh gave a Takua blow from its reverse side which hit on the right shoulder of Namdar Singh. Accused Paramjit Singh also gave a Takua blow on the head of Namdar Singh. Accused Sadhu Singh son of Hakam Singh and Gamdoor Singh gave brick bat blow on the right hand of Namdar Singh and shoulder of Jagjit Singh. The injured were taken to the hospital but Iqbal Singh died on reaching the hospital.;