JUDGMENT

Mr. Sanjay Vashisth, J. (Oral)

This judgment shall dispose of Criminal Appeal No. CRA-S- 374-SB-2008 and Criminal Revision No. CRR-834-2009, as both are interconnected. CRA-S-374-SB-2008 has been filed against the judgment of conviction and order of sentence dated 31.01.2008, passed by learned Judge Special Court, Ludhiana, in Sessions Case No. 5 of 06.01.2003, arising out of FIR No. 192, dated 10.08.2002, under Sections 307 , 326, 325, 323/34 of IPC, registered at Police Station Jagraon, Distt. Ludhiana.

Whereas, CRR-834-2009 has been filed against the judgment of acquittal dated 31.01.2008, passed by learned Judge Special Court, Ludhiana, in Sessions Case No. 4 of 06.01.2003, arising out of cross-version under Sections 323 , 324/34 of IPC, in FIR No.192, dated 10.08.2002, registered at Police Station Jagraon, Distt. Ludhiana. However, for the sake of brevity, the facts are being from CRA-S-374-SB-2008.

Criminal appeal was preferred by seven convicts/appellants, namely, (i) Karnail Singh, (ii) Gurnam Singh, (iii) Mukhtiar Singh, (iv) Darshan Singh, (v) Naib Singh, (vi) Jarnail Singh and (vii) Mohanjit Singh, challenging their conviction and sentence, whereas, revision petition has been instituted by the Karnail Singh (appellant no.1 in criminal appeal), against the judgment of acquittal passed by the learned Trial Court.

Facts:

2. Story of the prosecution, as discussed in paragraph No.2 of the impugned judgment, is reproduced as under:-

"On 9.08.02, a wireless message was received at Police Post, Kaunke Kalan, P.S.Jagraon to the effect that Gurmail Singh, Sewak Singh sons of Amar Singh, Karnail Singh and Naib Singh sons of Saudagar Singh, residents of Village Rasoolpur have been admitted in Civil Hospital Jagraon, in an injured condition and Investigating officer be sent. Upon which, ASI Raminderjit Singh, in-charge PP. Kaunke Kalan alongwith other police officials went to Jagraon and obtained MLR of Gurmail Singh, Sewak Singh, Karnail Singh and Naib Singh from P.P. Bus Stand. Thereafter, he went to the Civil Hospital Jagraon and filed applications Ex. PW9/A and Ex. PW9/B for seeking opinion of the doctor as to the fitness of the injured Gurmail Singh and Sewak Singh respectively. On which, doctor vide his endorsement Ex.PW9/C and Ex. PW9/D declared Gurmail Singh and Sewak Singh unfit to make statement. Then again ASI Raminderjit Singh, who is the Investigating Officer of this case, went to Civil Hospital, Jagraon on 10.8.02 and again filed Jagraon application Ex. PW9/E and Ex.PW9/F for seeking opinion of the doctor as to the fitness of Gurmail Singh and Sewak Singh respectively to make a Statement. On which, doctor vide his endorsement Ex.PF and Ex. PG Declared Gurmail Singh and Sewak Singh fit to make the statement and thereupon I.0. recorded the statement of Gurmail Singh complainant, which in brief reads as under:-

That, complainant Gurmail Singh is resident of village Rasoolpur and is cultivator by profession and they are four brother and two sisters; that on 9.8.02, at about 8-00 A.M/. complainant's brother Sewak Singh went to the fields on cycle for taking meals for Bhaiyas (servants) and complainant was also going to the fields after Sewak Singh. When Mohanjit Singh son of Karnail Singh. Karnail Singh, Naib Singh and Jarnail Singh sons of Saudagar Singh were coming on a rehri (cart)loaded with green fodder and they surrounded complainant's brother in the way and Karnail Singh raised lalkara that Sewak Singh be not get escape today and then they took out weapons concealed in the green fodder. Moha