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2025 Supreme(Online)(P&H) 2904
HIGH COURT OF PUNJAB AND HARYANA
LAKHBIR SINGH AND ORS – Appellant
Versus
STATE OF PUNJAB AND ORS – Respondent
CRR 254 / 2014
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
258 CRR No.254 of 2014 (O&M) Date of decision: 07.05.2025 Lakhbir Singh and others ....Petitioners Versus State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Ms. G.K. Mann, Sr. Advocate with Ms. Mandeep Kaur Sidhu, Advocate for the petitioners.
Mr. Rishabh Singla, AAG, Punjab.
None for respondent No.2.
HARPREET SINGH BRAR J. (Oral)
1. The petitioners seek to set-aside the judgment of conviction and order of sentence dated 10.07.2009, passed by learned Judicial Magistrate Ist Class, Batala, wherein they were convicted and sentenced under Sections 326, 323,506 read with Section 34 IPC, in a case stemming from a criminal complaint filed under Sections 326, 323, 506, 148, 149 IPC. The petitioners also challenge the judgment dated 15.01.2014, passed by the learned Additional Sessions Judge, Gurdaspur, dismissing their appeal against the judgment of conviction and order of sentence dated 10.07.2009. The petitioners were sentenced as follows:
MOHD YAKUB
Offence Sentence
Convict – Lakhbir Singh
Under Section 326 IPC Rigorous imprisonment for a period of 02 years and 06 months with fine of Rs.1,500/- and in default of payment of fine, to further
2025.05.19 16:45 I attest to the accuracy and authenticity of
undergo rigorous imprisonment for 03 months.
Under Section 323/34 IPC Rigorous imprisonment for a period of 04 months.
Under Section 506 IPC
Rigorous imprisonment for a period of 01 year with fine of Rs.1,000/- and in default of payment of fine, to further undergo rigorous imprisonment for 01 month.
Convict – Kashmir Singh
Under Section 326/34 IPC Rigorous imprisonment for a period of 02 years with fine of Rs.1,000/- and in default of payment of fine, to further undergo rigorous imprisonment for 03 months.
Under Section 323
Rigorous imprisonment for a period of 06 months.
Under Section 506 IPC
Rigorous imprisonment for a period of 01 year with fine of Rs.1,000/- and in default of payment of fine, to further undergo rigorous imprisonment for 01 month.
Convict – Sukhwinder Singh
Under Section 326/34 IPC Rigorous imprisonment for a period of 02 years with fine of Rs.1,000/- and in default of payment of fine, to further undergo rigorous imprisonment for 03 months.
Under Section 323/34 IPC Rigorous imprisonment for a period of 04 months
Under Section 506 IPC
Rigorous imprisonment for a period of 01 year with fine of Rs.1,000/- and in default of payment of fine, to further undergo rigorous imprisonment for 01 month.
Convict – Joginder Singh
Under Section 326/34 IPC Rigorous imprisonment for a period of 02 years with fine of Rs.1,000/- and in default of payment of fine, to further undergo rigorous imprisonment for 03 months.
Under Section 323 IPC
Rigorous imprisonment for a period of 06 months.
Under Section 506 IPC
Rigorous imprisonment for a period of 01 year with fine of Rs.1,000/- and in default of payment of fine, to further undergo rigorous imprisonment for 01 month.
All the sentences are ordered to run concurrently.
2. The brief facts of the case are that on 29.09.1998 at about 06.30/07.00 PM, the complainant and his mother Swaran Kaur were MOHD YAKUB 2025.05.19 16:45 I attest to the accuracy and authenticity of returning, after milking their buffallows, from a tubewell. On the way, the accused Lakhbir Singh armed with datar, Kashmir Singh armed with dang, Sukhwinder Singh armed with kirpan and Joginder Singh armed with dang came from the front side. Joginder Singh raised exhortation to catch them as they (complainant side) were not abstaining from filing cases against them and also to teach a lesson as the case of the land dispute had been decided in their favour. On that Kashmir Singh gave dang blow to complainant, which hit on his right eye. Accused Joginder Singh gave dang blow to complainant, w
