The principle of proportionality in determining the quantum of sentence and the emphasis on reformation of the accused as a means of social defense.

JUDGMENT :

HARPREET SINGH BRAR, J.

1. By this common order, 7 appeals, details of which have been given in the heading, are being disposed of as they have been preferred against the judgments of conviction and orders of sentence dated 26.04.2016 and 14.07.2017 passed by the learned Additional Sessions Judge, Jalandhar whereby the appellants herein have been held guilty and sentenced to undergo rigorous imprisonment for 7 years, 5 years and 3 years respectively in FIR No. 122 dated 01.10.2009, under Sections 307, 326, 324 and 452 IPC at Police Station Lambra, District Jalandhar.

2. There are two versions of the same occurrence regarding which one common FIR was registered bearing No. 122 dated 01.10.2009, under Sections 307, 326, 324 and 452 IPC at Police Station Lambra, District Jalandhar against accused Vinod Kumar alias Billa, Jagdish, Vijay Kumar, Ramesh Kumar alias Vicky, Sunil Kumar, Rakesh Kumar alias Khoti, Darshana, Jugal Kishore, Balbir alias Kala, Gogi, Jaspal and Varinder alias Vicky. However, cross version of the occurrence was presented by Rakesh Kumar alias Khoti implicating accused Gurpreet Singh alias Gopi, Lakhwinder Singh alias Lucky, Narinder Kumar alias Nindi, Raman Kumar alias Kallu, Deepak Kumar alias Deepu, Davinder Kumar alias Gindri, Chander Bhan and Ashwani Kumar against whom a case under Sections 452, 323, 148 and 149 IPC was also registered with the same police station.

FACTUAL BACKGROUND

3. Prosecution case, in brief as it emerges from the record is that complainant Ganga Ram made a statement on 01.10.2009 to the effect that he had been engaged in farming on the land of Hardeep Singh Maan, resident of village Deh. On the previous night i.e. 30.09.2009, he was having his meal in his room and his wife Preeto and daughters Asha Rani and Kamaljit Kaur were also present there. At about 10.00 p.m. accused Billa, Jagdish alias Deesha and Dinesh alias Chirri, all three armed with Kirpan, Vicky son of Jugal Kishore armed with base ball bat and Vicky alias Vinod Kumar son of Balbir armed with Datar forcibly entered into his house. At that time electric bulb was on in the courtyard. Bhulla son of Jugal Kishore, Rakesh Kumar alias Mangi alias Khoti son of Jugal Kishore, Jugal Kishore son of Shankar Dass, Darshana wife of Balbir and Baby daughter-in-law of Jugal Kishore, all residents of Quadianwali were throwing brick bats from their house into the courtyard of the house of the complainant. Accused Billa and Chirri exhorted to locate Lakhwinder Singh @ Lucky for teaching him a lesson for extending help to the boys of Udhopur. Accused Billa gave a kirpan blow on the person of complainant Ganga Ram which he intercepted by raising his right arm resulting in injury on his right elbow. Jagdish alias Deesha gave kirpan blow on the right side of the head of the complainant, accused Dinesh alias Chirri gave kirpan blow on the right side of back of his head, Vicky gave three base ball bat blows on the person of the complainant which hit him on his left leg, knee and at face resulting in uprooting of his teeth. On hearing hue and cry, his son Lakhwinder Singh alias Lucky came forward to rescue him but the assailants gave him numerous injuries on his head, face and other parts of his body. Accused Billa gave injury to Kamaljit Kaur, daughter of the complainant with kirpan. The assailants also gave injuries to his wife Preeto. Accused Gogi and Vijay Kumar were standing in Goli Chowk and obstructed the way of the complainant party while exhorting that they should not be allowed to escape and that they be killed. When the family of the complainant raised hue and cry, Tulsi, brother of the complainant and other persons came to their rescue and on seeing them, all the accused fled from the spot after leaving their respective weapons.

4. On the basis of statement of the complainant, the investigating machinery swung into motion