Sham Sunder, J. - (1.) THIS appeal is directed against the judgment of conviction and the order of sentence dated 9.9.1998, rendered by the Court of Sessions Judge, Gurdaspur, vide which, it convicted the appellants/accused and sentenced them as under: All the substantive sentences were ordered to run concurrently.
(2.) THE facts, in brief, are that on 2.5.1993 at about 11 p.m.,Sucha Singh was sleeping in his house. In the meantime, he heard noise of his cousin, Mangat Ram, living in the nearby house. Thereafter, Sucha Singh along with his brother,Babbal Kumar, went to the house of Mangat Ram and found Harjit Singh and Sukhwant Singh,his sons, accused/appellants, quarrelling with each other. Sucha Singh and Babbal Kumar intervened to rescue, when Harjit Singh,accused, gave a small kirpan blow on the neck of Babbal Kumar, as a result whereof, Babbal Kumar fell down. Sukhwant Singh, accused, inflicted dang blow on the head of Sucha Singh. An alarm was raised which attracted Raj Kumar,brother and Krishna Devi, mother of Babbal Kumar to the spot. Thereafter, the accused decamped from the spot with their respective weapons. Babbal Kumar succumbed to the injuries at the spot. Sucha Singh was taken to the Civil Hospital, Gurdaspur, where he was medicolegally examined. On the basis of his statement, FIR was registered. The accused were arrested. After the completion of investigation, they were challaned. On their appearance, in the court of the Committing Magistrate, the accused were supplied the copies of documents, relied upon by the prosecution. After the case was received by way of commitment, charge under Sections 302, 302 read with Section 34, 323, and 323 read with Section 34 of the Indian Penal Code, was framed against the accused, to which they pleaded not guilty, and claimed judicial trial.
(3.) THE prosecution, in support of its case, examined Jagir Singh PW1, Sucha Singh PW2,Krishna Devi, mother of Sucha Singh, PW3, Constable Balwant Rai PW4, Dr.R.K.Attri PW5, Dr.Ashok Hastir PW6, and S.I. Prabhdev Singh PW7. Thereafter, the Public Prosecutor for the State closed the prosecution evidence.;