IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CRIMINAL APPEAL NO.740-SB OF 1995

DATE OF DECISION: APRIL 23, 2007

Punna Singh and others

.....Appellants

VERSUS

State of Punjab

....Respondent

CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH

1. Whether Reporters of local papers may be allowed to see the judgement?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest?

PRESENT:

Mr. Kuldip Sanwal, Advocate,

for the appellants.

Mr. M. C. Berry, Sr.DAG, Punjab,

for the State.

*****

RANJIT SINGH, J.

Three appellants, namely, Punna Singh, Gurdial Singh and Darshan

Singh have filed this appeal against the order of their conviction for offences

under Sections 307, 326, 325, 323, 324, 34 IPC. Upon their conviction, the

appellants were sentenced as under:-

Name

SENTENCE

i. Gurdial Singh

7 years RI and fine of Rs.500/-.

In default of payment of fine, two

months further RI under Section

307 IPC.

-

2 years RI and to pay a fine of

Criminal Appeal No.740-SB of 1995 :{ 2 }:

Rs.200/-. In default of payment

of fine, to further undergo RI

for one month u/s 325/34 IPC.

-

1 year RI u/s 324/34 IPC.

-

6 months RI u/s 323/34 IPC.

ii. Punna Singh

7 years RI and fine of Rs.500/-.

In default of payment of fine, two

months further RI under Section

307/34 IPC.

-

2 years RI and to pay a fine of

Rs.200/-. In default of payment

of fine, to further undergo RI

for one month u/s 325 IPC.

-

1 year RI u/s 324/34 IPC.

-

6 months RI u/s 323 IPC.

iii. Darshan Singh

7 years RI and fine of Rs.500/-.

In default of payment of fine, two

months further RI under Section

307/34 IPC.

-

2 years RI and to pay a fine of

Rs.200/-. In default of payment

of fine, to further undergo RI

for one month u/s 325/34 IPC.

-

1 year RI u/s 324/34 IPC.

-

6 months RI u/s 323/34 IPC.

All the sentences were to run concurrently.

Criminal Appeal No.740-SB of 1995 :{ 3 }:

Aggrieved against their conviction and award of sentence,

as afore-mentioned, the appellants have filed the present appeal. It is

stated that during the pendency of the appeal, Punna Singh,

appellant, has died but no proof of death is submitted before the

Court.

The case of the prosecution, in brief, is that on 25.6.1990,

one Shiv Singh, Agriculturist, alongwith his wife Kulwant Kaur and

son Baljit Singh were present at their tubewell. Late Punna Singh

armed with dang, Darshan Singh armed with Gandasi and Gurdial

Singh armed with iron road and a knife came there and switched on

their tubewell and diverted the water of the tubewell for irrigating their

field. Shiv Singh forbid the appellants from doing so. Thereupon,

appellant, Darshan Singh, gave Gandasi blow on the back side of

the left leg of Baljit Singh. Gurdial Singh gave a knife blow on the left

flank of Kulwant Kaur whereas Punna Singh gave a dang blow to

Kulwant Kaur, which hit her on left wrist and ring finger of right hand.

When Shiv Singh came forward to intervene, all the appellants

caused injuries to him as well. Shiv Singh suffered injuries on the

right side of his forehead, left shoulder and left arm. The injured

persons raised cries, which attracted Charan Singh and Bachiter

Singh to the scene. They also witnessed the occurrence. The

appellants thereafter bolted from the place with their weapons.

Bachiter Singh arranged the conveyance and the injured were shifted

to Civil Hospital, Sirihargobindpur. On a statement made by Shiv

Singh to ASI Bahadur Singh, the present FIR was registered, leading

to investigation, trial and conviction. In support of its case, the

prosecution examined six witnesses.

Criminal Appeal No.740-SB of 1995 :{ 4 }:

The appellants, when asked to explain the evidence and

circumstances appearing against them, denied the allegations made

against them and pleaded that they are innocent. The de