Advocates:
Advocate Appeared:
For the Appellant :Mr. P.B.S. Goraya, Advocate, Mr. S. P. S. Sandhu, Advocate and Mr. S. S.Bhullar, Advocate Ms. G. K. Mann, Senior Advocate assisted by Mr. Anmol Jeevan Singh Gill, Advocate and Ms. Simrat Kaur, Advocate Mr. Rajiv Kumar Saini, Advocate
For the Respondent:Mr. Dhruv Dayal, Additional Advocate General, Punjab

JUDGMENT :

Sanjeev Prakash Sharma, J.

All the three appeals were heard together which are directed against the judgment/ order of the learned Additional Sessions Judge, Amritsar dated 12.10.2022/18.10.2022, convicting and sentencing the appellants as under:-

2. The police had submitted it's final report under Section 173 Cr.P.C. against six persons, namely, Sahil alias Salu, Kuljit Singh alias Shiva, Rahul alias Lahla, Babbal Joseph, George Masih and Gautam. Kuljit Singh alias Shiva son of Ginder was declared as proclaimed offender on 20.02.2020.

3. At the first stage, challan was presented against Sahil, Rahul alias Lahla, Kuljit Singh, Babbal Joseph. During investigation conducted by Bal Kishan Singla, AGP North, Amritsar, Robin son of Gora and Aman son of Mana were found innocent and were put in column no. 2. Gautam and George Masih were mentioned, yet to be arrested. Thereafter, supplementary challan was presented against George Masih on his arrest on 28.03.2019. On 22.07.2019 accused Gautam was arrested and supplementary challan qua him was filed.

Thus all of them were in the list of accused. After considering the evidence and the prosecution version, learned Additional Sessions Judge has aquitted Babbal and Gautam, while Sahil alias Salu, Rahul alias Lahla and George Masih have been convicted.

4. We have heard Ms. G. K. Mann, learned senior counsel appearing for George Masih as well as the respective counsels appearing for other accused and also perused the trial court records.

5. FIR was registered on 13.11.2016 at 23:45 hrs. under Sections 302, 307, 379-B, 148, 149, 427 and 120-B IPC at Police Station Sadar, Amritsar on the basis of statement of Sunil Masih son of Kishan Masih aged about 18-1/2 years stating that he was studying in 12th standard and residing at House No. 625, Kirpal Colony, Tung Bala, Majitha Road, Amritsar, that today i.e. on 13.11.2016 at about 03:30 PM, he alongwith his elder brother Chand Masih @ Vicky and one Manjinder Singh son of Baldev Singh, resident of Kirpal Colony were riding on motorcycle bearing no. PB-02-BU-6493 Hero Honda Splendor and were going to the market for getting the Malaysian currency exchanged. His brother Vicky was driving the motorcycle and Manjinder Singh was sitting behind him. The complainant was sitting in the last. When they reached near the house of Dilbagh Singh, then on the next turn Sahil @ Sallu son of Babbal Joseph, Kuljit Singh @ Shiva son of Ginder, George Masih son of Swaran Masih, Rahul @ Lahla son of Sucha Masih, residents of the same colony, alongwith 2-3 other unidentified persons, armed with Datar and Kirpans came there. Sahil @ Sallu raised lalkara that Chand and others should not be allowed to go dry and should be taught a lesson for fleeing Meenu daughter of Sahil @ Sallu's uncle (Chacha) with Raja son of my (Sunil Masih's) aunt (Masi). On this, Rahul @ Lahla gave a Datar blow which hit on the motorcycle. The complainant jumped from the motorcycle and stepped backwards. His brother Chand and Manjinder Singh fell down from the motorcycle. Sahil @ Sullu gave a Datar blow on Chand, who raised his right hand in order to save himself and the Datar blow hit on his right hand. Then, Kuljit @ Shiva gave a Kirpan blow on Manjinder, which hit on his head. Then Rahul @ Lahla gave a Datar blow on Chand, which hit on his head at back of his right ear. Thereafter, George gave Datar blow on Chand, which hit on his right bicep. His brother Chand and Manjinder became injured and derenched in a pool of blood. He raised hue and cry. Then all the assailants ran away from the spot with their weapons. While leaving, they took away mobile and 2000 Malaysian currency. He took his brother Chand Masih and Manjinder Singh on motorcycle and got them admitted in Guru Nanak Dev Hospital where his brother died due to multiple injuries, while leaving mother namely Satya near the dead body of his brother Chand Masih, he proceeded to the Police Station but Police met him on the way. He mention