- (1.) By this single order, I shall dispose of CRA No. S-488-SB of 2004, filed by accused/appellants Santa Singh and Desa Singh against judgment and order dated 5/7.2.2004, passed by learned Sessions Judge, Ferozepur, vide which accused/appellants Santa Singh and Desa Singh were convicted under Section 304 Part-II IPC and sentenced to undergo rigorous imprisonment for eight years each and fine of Rs. 10,000/- each, in default of payment of fine, undergo further rigorous imprisonment for six months each. However, remaining two accused, namely, Banta Singh and Karnail Singh were acquitted of the charges framed against them.
(2.) This order shall also dispose of CRR No. 920 of 2004 filed by Raj Kumar (complainant), in which he has challenged the acquittal of Banta Singh and Karnail Singh (accused). Further prayer has been made that sentence imposed upon accused Santa Singh and Desa Singh may be enhanced and that adequate compensation may be awarded to the complainant or to the legal heirs of the deceased.
(3.) The case was registered on the statement (Ex.P5) of Raj Kumar @ Rinku son of Madan Lal, aged about 18/20 years, resident of Railway Colony, Guru Har Sahai, made to ASI Darshan Singh at DMC Hospital, Ludhiana, on 15.8.1999, at about 7:00 PM. In the statement, Raj Kumar stated that he alongwith his father is running a karyana shop at Mandi Guru Har Sahai. On 13.8.1999, at about 6:00/6:30 PM, he (Raj Kumar) accompanied by his brother Jajj Kumar went to the tea shop of Santa Singh, situated opposite their shop, demanding return of Rs. 2,000/- borrowed by Santa Singh. At the shop of Santa Singh, Ford son of Inder Singh (later on identified as Karnail Singh), Santa Singh, Desa Singh and Banta Singh sons of Pala Singh were also present. When Raj Kumar and his brother Jajj Kumar demanded money from Santa Singh, Santa Singh replied that he does not owe any money to them. Thereafter, Santa Singh and others engaged in quarrel with the complainant party. Ford (Karnail Singh) gave exhortation to catch hold of the complainant. Desa Singh, who was carrying a kapa, tried to give a kapa blow on Jajj Kumar, but Jajj Kumar caught hold of the kapa. In the meanwhile, Santa Singh, who was carrying a cricket bat, gave blow of cricket bat on the head of Jajj Kumar from behind. Banta Singh gave a dang blow on the person of Raj Kumar. The complainant party raised alarm, on which accused persons ran away with their respective weapons. The said statement of Raj Kumar was sent to police station, where FIR (Ex.P5/B) was already found registered regarding the present occurrence on the statement of Santa Singh. The present case was ordered to be investigated in the said FIR. It comes out that statement of Santa Singh (accused) was also recorded by ASI Darshan Singh on 14.8.1999.;