- (1.) APPELLANTS Joginder Kaur and Jasbir Singh were convicted and sentenced in FIR No.436 dated 15.11.1999 registered under Sections 302, 452, 323, 324, 326 read with Section 34 Indian Penal Code (for short 'IPC') at Police Station Sadar Jalandhar, by the Court of Additional Sessions Judge, Jalandhar as follows: - JUDGEMENT_363_LAWS(P&H)4_2014.html
(2.) THE case of the prosecution, in brief, is that on 15.11.1999, complainant Nirmal Singh along with his wife Kuldeep Kaur had gone to the house of Didar Singh and was present there when they heard the noise of quarreling of Palwinder Singh a resident of village of Didar Singh and one driver of four -wheeler. They went towards them and inquired about the matter. Palwinder Singh told Didar Singh that the four -wheeler had hit his scooter causing a dent on the mudguard. The matter was got settled after certain payments made by four -wheeler driver to Palwinder Singh and both left the spot.
(3.) COMPLAINANT along with Didar Singh came to his house. After some time, Jasbir Singh (since deceased) along with his mother Joginder Kaur came to the house of Didar Singh and started abusing him. On inquiry, they told that the scooter of Palwinder singh had extensive damage and Didar Singh had favoured the four -wheeler driver and let him go after making little payment. Jasbir Singh was armed with Kirch and Joginder Kaur with a Daat. Both of them attacked Didar Singh. Jasbir Singh gave a Kirch blow which hit on the left hand of Didar Singh while Joginder Kaur gave two blows from back side of Daat hitting the chest and right hand of Didar Singh. The complainant intervened. His wife and daughter -in -law of Didar Singh were also attracted to the spot at which both the assailants ran away. Didar Singh was taken to Civil Hospital by his nephew and other persons while the complainant remained in his house and was having a chat with Karam Kaur wife of Didar Singh, aged 68 years. At about 5.15 PM, accused Jasbir Singh and his mother Joginder Kaur again came to the house of Didar Singh and started giving fist blows to Karam Kaur. Complainant, his wife Kuldeep Kaur and Ravinder Kaur daughter -in -law of Didar Singh intervened and saved Karam Kaur and raised alarm, at which Jasbir Singh and his mother ran away from the spot. They started taking care of Karam Kaur, who was facing difficulty in breathing. She was made to lay down on a cot, where she breathed her last. The matter was reported to the police by Nirmal Singh vide his statement (Ex.PB) whereupon formal FIR (Ex.PK) was registered at Police Station Sadar Jalandhar. Both the appellants were arrested. After completion of investigation, challan was presented against the appellants and they were charge -sheeted for the offences punishable under Sections 449, 302, 326, 323 read with Section 34 IPC to which they pleaded not guilty and claimed trial. The prosecution in support of its case, examined PW1 Dr. Jasmeet Walia, PW2 Nirmal Singh complainant, PW3 Dr. D.S. Bimra, PW4 Dr. Kuldeep Singh Chahal, PW5 injured Didar Singh, PW6 Ravinder Kaur, PW7 Dalip Singh Draftsman, PW8 Harkishan Pal Singh, PW9 Sukhwinder Singh, PW10 Dr. Balbir Singh, PW11 Head Constable Surjit Singh, PW12 ASI Jaspal Singh, PW13 Head Constable Sardul Singh, PW14 Head Constable Harjinder Singh Mehta Sachainnd PW15 Sub Inspector Harbinder Singh. After completion of prosecution evidence, statements of the appellants as required under Section 313 Code of Criminal Procedure was recorded in which they denied the prosecution allegations and pleaded their false implication.;