K.C.PURI,J. - (1.) THIS appeal is directed against the judgment dated 24.8.1996 passed by Shri Harbans Lal, the then Additional Sessions Judge, Amritsar whereby he convicted the appellants for various offences and sentenced them as under :- Name Offence Sentence. Satnam Singh U/S 323 IPC. RI for six months. U/S 148 IPC. RI for one year. U/S 427 read with Section 149 IPC. RI for one year. U/S 452 IPC RI for three years and to pay a fine of Rs. 1,000/- and in default of payment of fine, to undergo further rigorous imprisonment for three months. Bahadur Singh U/S 323/149 IPC. RI for six months. U/S 148 IPC RI for one year. U/S 427/149 IPC RI for one year. U/S 452 IPC RI for three years and to pay a fine of Rs. 1,000/- and in default of payment of fine to undergo further RI for three months. Ajit Singh. U/S 323/149 IPC. RI for six months. U/S 148 IPC RI for one year. U/S 427/149 IPC RI for one year. U/S 452 IPC RI for three years and to pay a fine of Rs. 1,000/- and in default of payment of fine, to undergo further RI for three months. Malkiat Singh U/S 323/149 IPC. RI for six months. U/S 148 IPC RI for one year. U/S 427/149 IPC RI for one year. U/S 452 IPC RI for three years and to pay a fine of Rs. 1,000/- and in default of payment of fine, to undergo further RI for three months. All the substantive sentences were ordered to run concurrently.
(2.) THE learned trial Court vide the impugned judgment acquitted Man Singh, Joginder Singh, Kanwaljit Singh and Kulwant Kaur, co-accused. Accused Mahant Charanjit Singh was declared as a proclaimed offender and Balwant Singh, co- accused died during the trial. The prosecution case lie in narrow compass as under :- On 14.10.1989, at about 9-00 A.M, Gurvinder Singh alongwith his wife and children was present in the disputed portion of the house known as Eucalyptus house. In the meantime, Mahant Charanjit Singh, since proclaimed offender, Satnam Singh alias Satta, Bahadur Singh, Malkiat Singh, Ajit Singh, Kulwinder Kaur and one more lady, mother of Mahant Charanjit Singh, and some other persons came there and forced their entry into the portion in possession of Gurvinder Singh by breaking open the door. Mahant Charanjit Singh told his companions that Gurvinder Singh has disobeyed his order by not vacating the house and asked his companions to teach him a lesson. Bahadur Singh accused held Gurvinder Singh in his grips. Satnam Singh accused started beating Gurvinder Singh with a stick in his hand. Their co-accused started throwing his luggage out of the house. Kulwinder Kaur accused started beating Raveen Kaur wife of Gurvinder Singh. Ajit Singh accused also joined the ladies in beating Raveen Kaur while the other co-accused continued throwing luggage out of the house. Mahant Charanjit Singh picked up the licensed gun of Gurvinder Singh lying inside the house and loaded the same after lifting the cartridges from the house of Gurvinder Singh and fired two shots from the same aiming towards Gurvinder Singh who saved his life by lying down on the ground. Charanjit Singh Pannu, Ranjit Singh and Charan Pal Singh residing in different portions of the same house also came there on hearing the noise and they intervened to save Gurvinder Singh and his family members. When the accused did not listen to their entreaties, Charanjit Singh Pannu, PW, informed the police on telephone.
(3.) IT is further the case of the prosecution that the police came to the spot and recorded statement, Exhibit PB, of Gurvinder Singh. All the accused including Mahant Charanjit Singh were apprehended by the police at the spot and the police also took into possession the licensed gun from Mahant Charanjit Singh. The police also lifted empties which were taken into possession vide seizure memo, Exhibit PC. Besides this, the police also seized one truck, one tractor-trolley and one motor cycle on which the accused had come there, vide memo Exhibit PD. The iron bar and other weapons, being carried by the accused, were also taken into possession vide a memo. The broken house hold articles, sofa set, glass panes were also taken into possession. The police completed the investigation in the case.;