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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 13.05.2025 VARINDER KUMAR @ BINDER @ RAVINDER KUMAR & OTHERS ... Appellants Versus STATE OF PUNJAB ...Respondent CORAM: HON’BLE MR. JUSTICE GURVINDER SINGH GILL HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Vinod Ghai, Sr. Advocate with Mr. Arnav Ghai, Advocate Ms. Kashish Sahni, Advocate and for the appellant.

Mr. Siddhart Attri, Asstt. A.G., Punjab.

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JASJIT SINGH BEDI, J.

The present appeal has been filed against the judgment of conviction and order of sentence dated 14/19.01.2004 passed by the Addl.

Sessions Judge, Kapurthala.

2. The FIR was registered on 17.07.2000, the judgment of conviction and order of sentence passed by the Addl. Sessions Judge, Kapurthala is dated 14/19.01.2004, the appeal was filed on 09.02.2004 and the matter is being taken up for hearing now i.e. after a period of more than

24 ½ years from the date of registration of the FIR.

3. The facts, in brief are that Amandeep Singh alias Banti S/o Beant Singh, was a permanent resident of Mohalla Kurla, Railway Road, Sultanpur Lodhi. Rajinder Kumar alias Pappu, Binder Kumar alias Binder, Gulshan Kumar and Harsh Kumar alias Happy, were residing in their neighbourhood, with their family members. They had installed their gate in the courtyard of the house of Amandeep Singh. On 16.07.2000, at about 11 p.m., Rajinder Kumar alias Pappu and the other accused, were demolishing the pillar of their gate, when Amandeep Singh and his family members, heard the noise of demolition, as result whereof, Jaswant Kaur mother, Beant Singh father, Narinder Kaur alias Pinki aunt of Amandeep Singh and he came outside their rooms. They stopped Rajinder Kumar and other accused from demolishing the pillar of the gate, upon which Rajinder Kumar alias Pappu raised an exhortation that Amandeep Singh and his companions, be caught hold of and be taught a lesson, for stopping them from demolishing the pillar of their gate. In the meanwhile, Urmila wife of Jagdish Ram and Sonia Rani wife of Rajinder Kumar alias Pappu, grappled with Jaswant Kaur and Narinder Kaur. Binder Kumar alias Binder, gave an iron rod blow, on the head of Jaswant Kaur. Gulshan Kumar gave an iron rod blow, on the right arm of Narinder Kaur, as result whereof, the same got fractured. Adarsh Kumar @ Harsh Kumar @ Happy caused injuries with an iron rod, on the person of Amandeep Singh and his father Beant Singh. Thereafter, an alarm was raised by Amandeep Singh and other injured, as a result whereof, a number of persons, from the neighbourhood, assembled at the spot. On seeing them, Rajinder Kumar alias Pappu and his co-accused, fled from the spot, with their respective weapons.

4. Blood in sufficient quantity, had oozed out of the injury on the head of Jaswant Kaur, and she fell down. Amandeep Singh and his father Beant Singh, arranged a vehicle, and took her to the Civil Hospital, Sultanpur Lodhi. Since, the condition of Jaswant Kaur, was serious, the doctor advised that she be taken to some better hospital. Beant Singh, father of Amandeep Singh, left with Jaswant Kaur and Narinder Kaur, for another hospital, whereas, Amandeep Singh went to lodge the report. Iqbal Singh, ASI, P.S. Sultanpur Lodhi, met him at bus stand, Sultanpur Lodhi, and he made his statement, which was recorded. The statement, Ex. PM, was read over and explained to him and after admitting the same to be correct, he signed it. Endorsement, Ex. PM/1, was appended thereon and the same was sent to the Police Station for the registration of the case, through Dharam Pal, Constable, on the basis whereof, formal FIR, Ex. PM/2, was recorded by Davinder Singh, ASI. The special report. Ex. PM/3, was delivered to the Illaqa Magistrate.

5. On that day, a chit, Ex. PE, had been received, from Civil Hospital, Sultanpur Lodhi, by Iqbal Singh, ASI, when he was in the Police Station, regarding the admission of Jaswant Kaur wife of Beant Singh, resident of Railway Roa