IMPORTANT POINT
The judgment emphasizes the necessity of individual examination of accused under Section 313 Cr.P.C. to ensure fair trial rights, and procedural defects can lead to acquittal if they cause prejudice.

JUDGMENT :

Mr. Gurvinder Singh Gill, J.

This order shall dispose off the aforesaid two appeals arising out of judgment of conviction and order of sentence dated 26.08.2002 passed by learned Additional Sessions Judge (Ad hoc), Amritsar rendered in a trial arising out of FIR No.11 dated 25.01.1997 registered at P.S. Goindwal Sahib, under Sections 307/324 IPC, whereby accused/appellants, namely, Lakha Singh and Swaran Singh have been convicted and sentenced as under :

2. While CRA-D-966-DBA-2002 has been filed by the State of Punjab challenging the acquittal of the accused (Lakha singh and Swaran Singh) with respect to offence under Section 307 IPC, CRA-S-1521-SB-2002 has been preferred by accused/appellants Lakha Singh and Swaran Singh challenging their conviction for offences under Sections 324 & 326 IPC as recorded by the trial Court.

3. The FIR in question was lodged on the basis of statement of Gurmej Singh recorded on 25.01.1997. The translated gist of the FIR reads as under :

“I am resident of village Dhunda and I am into cultivation. About 5 months back, my elder brother Nachhattar Singh purchased land measuring 10 marlas outside the village, adjoining the behak of Lakha Singh. I and my brother used to store cow-dung cakes and firewood in the said land and also used tether our cattle there during day time. Lakha Singh, however, on 24.01.1997 closed the passage leading to said land from the side of the village by placing dry branches of trees. Yesterday i.e. on 24.01.1997 at about 3.00 PM, I and my brother went to the said land to fetch firewood and when we were untying our cattle and picking up firewood, then Lakha Singh armed with a Takua and Swaran Singh armed with a Gandassi came there while raising lalkaras that they will teach us a lesson for removing the branches of trees from the passage. I stepped forward and told Lakha Singh not to quarrel and that the matter can be resolved by sitting together, but they did not pay any heed and Lakha Singh gave a Takua blow hitting my head. Swaran Singh also gave a blow with Gandassi to me. I raised my left arm to ward off the blow, which hit me on the bicep of my left arm. My brother raised alarm ‘mar ditta – mar ditta’ upon which accused fled away from the spot alongwith their weapons. After making arrangement for a conveyance, I was removed to Guru Nanak Hospital, where Doctors medically examined me and applied bandages. Lakha Singh and Swaran Singh, in connivance with each other, had inflicted injuries to me.”

4. Pursuant to lodging of FIR, the Police visited the place of occurrence and prepared rough site plan of the place of occurrence. Accused Lakha Singh was arrested on 19.02.1997. During the course of interrogation, he suffered a disclosure statement (Ex.PF) on 21.02.1997 to the effect that he had kept concealed ‘Takua’ under the heap of Toria (mustard) crop. Pursuant to said disclosure statement, Lakha Singh led the police party to the nominated place and got Takua recovered, which was taken into possession vide memo Ex.PG.

5. Upon conclusion of investigation, since Swaran Singh was found innocent, challan was presented only against Lakha Singh in the Court of Illaqa Magistrate, who committed the case to the Court of Sessions on 05.06.1997, where charges were framed against accused Lakha Singh for offence punishable under Section 307 IPC on 11.07.1997 to which he pleaded not guilty and