- (1.) PRELIMINARY : Learned Additional Sessions Judge (Adhoc), Fast Track Court, Hoshiarpur, vide judgment of conviction and order of sentence dated May 07, 2003, has convicted and sentenced appellants Lakhwinder Singh, Kartar Singh, Kehar Singh, Daler Singh, Sukhwinder Singh, and Charan Singh as under: JUDGEMENT_810_LAWS(P&H)5_2014.htm
(2.) WHILE CRA -S -983 -SB -2003, CRA -S -1119 -SB -2003 and CRA -S - 1120 -SB -2003 have been brought by the appellants under sub -section (2) of section 374 of the Criminal Procedure Code, 1973 (Cr.P.C., for short) to claim upsetting of the impugned judgment and order and their acquittal, CRR No. 1316 of 2003 has been brought by Complainant Karam Singh under Sections 397 and 401, Cr.P.C., to seek enhancement of punishment awarded to the appellants by the learned trial Court. State is contesting the appeals. Fact Situation:
(3.) PUT as concisely as one may, case of the prosecution is that Complainant Karam Singh and his brother Tarlok Singh had overwrought relations with Kehar Singh, Daler Singh, Sukhwinder Singh, Charan Singh, Lakhwinder Singh and Kartar Singh (hereinafter referred to as 'appellants') on account of panchayat elections and a plot of land. At or around 07.00 p.m. on August 22, 1999, PWs Karam Singh, Tarlok Singh, Sohan Lal (a servant of the complainant), on seeing Daler Singh and Kehar Singh moving around armed with kirpans, climbed roof of Sarwan Singh's house. Kartar Singh and Lakhwinder Singh armed with gandasis and Sukhwinder Singh and Charan Singh armed with kirpans followed them. Kehar Singh and Daler Singh also reached there on the roof of Sarwan Singh's house. Kartar Singh raised a lalkara saying that complainant and his accompanions be caught and taught a lesson. Kehar Singh, Daler Singh and Sukhwinder Singh inflicted one injury each with the weapons they were carrying on Tarlok Singh's head. Karam Singh intervened to save Tarlok Singh. Thereupon, Sukhwinder Singh inflicted three kirpan blows on his left arm, index finger of left hand and right hand finger. Kartar Singh administered a gandasi blow on Karam Singh's left foot. Lakhwinder Singh administered three g andasi blows one each on left elbow, left arm and left hand of Tarlok Singh. Charan Singh @ Bhola inflicted three kirpan blows on his left eye brow, right arm and right elbow. Kartar Singh administered three gandasi blows on right wrist and left shoulder of Tarlok Singh. They also gave injuries on the person of Sohan Lal. According to the prosecution story, the injuries were inflicted by the appellants with an intention to kill complainant -Karam Singh and his brother, Tarlok Singh and the occurrence was witnessed by Sajjan Singh son of Chuhar Singh, Sajjan Singh son of Labh Singh and Hamid. Tarlok Singh went unconscious and the appellants escaped from the scene carrying their respective weapons along. Baldev Singh removed the injured to Civil Hospital, Tanda, where they were medico -legally examined. Investigation: Having received information about admission of the afore -stated persons in Civil Hospital, Tanda, ASI Daljit Singh (the Investigating Officer) visited that hospital on August 23, 1999 and after obtaining opinion of the doctor regarding fitness of Karam Singh to make a statement, recorded his statement, Exhibit PS, whereupon a formal First Information Report (FIR, for short), Exhibit PS/1, was recorded. Investigating Officer inspected the spot of occurrence and drew a site plan thereof, recorded statements of witnesses and got the injured PWs medico legally examined. Proceedings before the Courts below:;