- (1.) CHALLENGE in this appeal is to the judgment dated 26.8.2010 and order dated 28.8.2010 passed by Additional Sessions Judge (Fast Track Court), Sirsa vide which the accused have been convicted and sentenced as under: - JUDGEMENT_497_LAWS(P&H)4_20141.htm
(2.) ALL the sentences were ordered to run concurrently.
(3.) THE law was set in motion by recording the statement of Gurpreet Singh complainant who has stated that they were two brothers. The name of his brother is Kulwinder Singh who is labourer by occupation. He started living separately from him from the month of June, 2009 in the rented house of Banta Singh son of Mukhtiar Singh. He along with Harjinder Singh went to see his brother Kulwinder Singh after 2/3 days and saw that accused Banta Singh armed with kappa, Sohan Singh armed with Gandasa and Jagsir and Chhinder Kaur armed with lathis were beating his brother Kulwinder Singh mercilessly on the roof of the house. It was further stated that Banta Singh gave a kappa blow on the arm of his brother, Sohan Singh gave a gandasa blow on the head of his brother, Jagsir and Chhinder Kaur gave lathi blows on his person. On seeing them, accused fled away from the spot with their respective weapons. The injured was brought to the hospital. On completion of investigation, challan was presented against the accused. Copies of the documents were supplied to the accused free of costs. The Illqua Magistrate committed the case to the Court of Session as the offence alleged against the accused was exclusively triable by the said Court. The accused were charge -sheeted for offences punishable under Sections 452, 307, 326 and 323 read with Section 34 IPC to which, they pleaded not guilty and claimed trial.;