- (1.) This appeal is directed against the judgment of conviction and the order of sentence dated 24.2.2004, rendered by the Additional Sessions Judge, (Adhoc), Amritsar, vide which, it convicted , Sucha Singh, accused ( herein appellant )for the offence punishable under Section 307 of the Indian Penal Code and sentenced him to undergo R.I. for five years and to pay a fine of Rs.1000/-; in default of payment of fine, to further undergo RI for one month; convicted Balbir Singh and Bhupinder Singh, accused ( herein appellants) for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code and sentenced them to undergo RI for five years each, and to pay a fine of Rs.1000/each, in default of payment of fine, to further undergo RI for one month each; convicted Balbir Singh,accused ( herein appellant) for an offence punishable under Section 326 of the Indian Penal Code, and sentenced him to undergo RI for three years and to pay a fine of Rs.1000/-, in default of payment of fine, to further undergo RI for one month; convicted Sucha Singh and Bhupinder Singh, accused ( herein appellants) for the offence punishable under Section 326 read with section 34 of the Indian Penal Code each and sentenced them to undergo RI for three years each, and to pay a fine of Rs.1000/-each, and in default of payment of fine, to further undergo RI for one month each; and convicted Sucha Singh, Balbir Singh and Bhupinder Singh, accused ( herein appellants ) for the offence punishable under section 323 read with section 34 of the Indian Penal Code each,and sentenced them to undergo RI for six months each. All the substantive sentences were ordered to run concurrently. However, Sukhwant Singh, accused/appellant was acquitted of the charge framed against him.
(2.) The facts, in brief, are that on 3.12.1999 at about 9.30 p.m.,Nishan Singh, his father Joginder Singh and his uncle Skattar Singh were going in their jeep, bearing registration No.24-B-6495, and were still at a distance of 5/6 killas from their village, Gandiwind,when all the accused along with Kulbir Singh ( now deceased ) parked their tractor, in the passage, and stopped the jeep. At that time, the jeep was being driven by Nishan Singh. Balbir Singh, Bhupinder Singh and Kulbir Singh ( now deceased ) were armed with a gandasi each, and Sucha Singh,accused was armed with a double barrel gun. Sukhwant Singh, accused( since acquitted) was sitting on the steering of the tractor. They came from the side of the out-house ( baihak) of Sucha Singh, accused. Sukhwant Singh, accused, raised an exhortation saying his co-accused, that they be caught hold and be taught a lesson, for flowing water from the tubewell, through the water course. Nishan Singh and Skattar Singh alighted from the jeep. They were attacked by the accused. Sucha Singh accused fired a shot from his gun, hitting the back side of the right thigh of Nishan Singh. Balbir Singh gave a gandasi blow with reverse side, on the left arm of Nishan Singh. Kulbir Singh gave gandasi blows on the head and left leg of Nishan Singh. Balbir Singh, Bhupinder Singh and Kulbir Singh also inflicted injuries with their weapons from sharp as well as blunt side, on the person of Skattar Singh. Joginder Singh, father of Nishan Singh, who was in possession of his gun, fired from the same, in their self-defence. Thereafter, all the accused fled from the spot. Nishan Singh and Sakattar Singh were taken to the Civil Hospital,Amritsar,where the occurrence was narrated to the police, but no action was taken. The police continued to protect the accused, on one pretext or the other. On account of the inaction of the police,left with no other alternative, the criminal complaint was filed by Nishan Singh in the Court of the Ilaqa Magistrate.
(3.) After recording the preliminary evidence, the Court of the Ilaqa Magistrate,found sufficient grounds to proceed against the accused for the offences punishable under Sections 148, 326,324,323 and 149 of the Indian Penal Code.;