M.M.AGGARWAL, J. - (1.) THIS is an appeal against judgment and order dated 9.4.2002 passed by Additional Sessions Judge, Ferozepur whereby accused- appellants were convicted for the offence under Sections 304 (Part II)/325/324(1)/323/148 read with Section 149 IPC and were sentenced as follows :- (1) Accused Tehal Singh : (i) was sentenced to undergo RI for 10 years and to pay a fine of Rs. 500/- or in default of payment of fine to further undergo RI for one month only u/s 304 (Part II) IPC. (ii) He was also sentenced to undergo RI for one year and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo RI for one month under Sections 325 IPC read with Section 149 IPC. (iii) He was also sentenced to undergo RI for one year for offences punishable u/s 324 IPC read with Section 149 IPC. (iv) He was also sentenced to undergo RI for six months for an offence punishable u/s 323 IPC read with Section 149 IPC. (v) He was also sentenced to undergo RI for six months for an offence punishable under Section 148 IPC. (2) Accused Mehal Singh, Jita Singh, Desa Singh, Ladha Singh, Gurnak Singh son of Inder Singh, Kashmir Singh son of Buta Singh and Kashmir Singh son of Sandhu Singh : (i) were all sentenced to undergo RI for three years each for an offence punishable under Section 304 (Part II) read with Section 149 IPC. (ii) They all were also sentenced to undergo RI for one year each and to pay a fine of Rs. 500/- each or in default of payment of fine to further undergo RI for one month each for an offence punishable under Section 325 IPC read with Section 149 IPC. (iii) they all were also sentenced to undergo RI for six months each for an offence punishable under Section 324 IPC read with Section 149 IPC. (iv) They all were also sentenced to undergo RI for one year each for an offence punishable u/s 323 IPC (individual) for their causing injuries to the injured witnesses; (v) They all were also sentenced to undergo RI for six months each for offence punishable under Section 148 IPC. (3) Accused Kala Singh (i) was sentenced to undergo RI for three years for an offence punishable u/s 304 (Part II) IPC read with Section 149 IPC. (ii) He was also sentenced to undergo RI for one year and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo RI for one month for offence punishable u/s 325 IPC read with Section 149 IPC. (iii) He was further sentenced to undergo RI for one year for an offence punishable under Section 324 IPC (Individual) (iv) He was further sentenced to undergo RI for six months under Section 323 IPC read with Section 149 IPC; and (v) He was also sentenced to undergo RI for six months for offence punishable under Section 148 IPC. (4) Accused Joginder Singh (i) was sentenced to undergo RI for three years under Section 304 (Part II) IPC read with Section 149 IPC. (ii) He was further sentenced to undergo RI for two years and to pay fine of Rs. 1,000/- and in default of payment of fine to further undergo RI for two months under Section 325 IPC (Individual). (iii) He was also sentenced to undergo RI for six months for offence punishable under Section 324 read with Section 149 IPC. (iv) He was further sentenced to undergo RI for six months for an offence punishable u/s 323 IPC (Individual). (v) He was also sentenced to undergo RI for six months for an offence punishable under Section 148 IPC.
(2.) PROSECUTION case against the accused-appellants is that on 16.9.1994 at about 7.00 p.m. Giano Bibi wife of Kashmir Singh accused came to Sandhu Singh and demanded share of the land to be given to her husband Kashmir Singh. Sandhu Singh, father of Teja Singh refused to oblige her on which she left for the house of her parents. After a short while, Ladha Singh armed with a dang, his son Mehal Singh armed with dang, Tehal Singh armed with a gandasi, Kala Singh armed with a gandasi, Kashmir Singh, Dessa Singh and Lahora Singh, all sons of Buta Singh, armed with dangs, Gurnam Singh son of Inder Singh armed with Dang and some others reached there while raising lalkara that they would teach a lesson to Teja Singh for not giving due share of the land to their daughter Giano Bibi and attacked them. Tehal Singh inflicted a gandasi blow, which hit complainant's mother, Dano Bibi on her head. Two dang blows were given by Ladha Singh hitting Wazir Singh, one on the head of left side and the right on his right upper shoulder. Gurnam Singh inflicted dang blow, which hit Wazir Singh on his head in the right side and further dang blow was given by Mehal Singh, which hit Wazir Singh on his right leg. Accused Kala Singh gave gandasi blow, which hit Teja Singh on his head and further dang blow was given by Kashmir Singh, which hit Teja Singh on the back side. Another gandasi blow given by Kala Singh hit the complainant on his left shoulder. Accused Joginder Singh also reached there on tractor. He had exhorted the other accused. Desa Singh gave a dang blow, which hit Sandhu Singh on his right hand. Lahora Singh also hit Sandhu Singh in his back. Joginder Singh tried to attack Baggu Singh by running him over under his tractor as a result of which he received multiple injuries including the fracture of his right arm. Tractor had struck against a nearby wall and turned turtle. When Raula was raised then accused had run away.
(3.) THE case was registered on the statement of Teja Singh for the offence under Sections 304/325/324/323/148 read with Section 149 IPC against 13 persons. They also faced trial. However, the trial Court found the case against Bagicha Singh and Gurnam Singh son of Mehal Singh not proved. They were acquitted. All other eleven accused-appellants were convicted and sentenced as aforesaid. Hence this appeal.;