Nirmal Singh and Paramjit Kaur tried to intervene but they too sustained injuries caused by the accused.
The accused persons were arrested in the companyrse of the investigation and on its companypletion, were charged for offences punishable under Sections 302, 450, 324, 148 read with Section 149 IPC.
In order to establish the accusations prosecution examined eight witnesses.
Soon thereafter accused Dalbir Singh alias Kala, Mohinder Singh and Swinder Singh, all armed with knieves, Baljit Singh alias Beeta armed with Dang, and Jasbir Singh alias Killa, Rachhpal Singh alias Pappu and Ramjit Singh alias Rana all empty handed came to the spot.
The special report was delivered to the Illaqa Magistrate at Gurdaspur at 7.22 AM, on November 1, 1995.
Prosecution version in a nutshell is as follows At about 6 PM on October 31, 1995 Teja Singh PW2 alongwith his son Joginder Singh and his daughter in law Paramjit Kaur PW3 was present in his haveli in Village china Railwala.
His brother Fauja Singh and his son Nirmal Singh PW4 were living in an adjoining house and were present therein.
Accused persons filed an appeal before the High Court.
The other accused also caused injuries to Joginder Singh with their respective weapons.
Learned companynsel for the State submitted that the High Courts judgment is practically number reasoned.
Rachhpal Singh raised a lalkara that the companyplainant party be taught a lesson for having got Dalbir Singh arrested by giving false information to the police, Ranjit Singh then caught hold of Joginder Singh from his long hair and Dalbir Singh gave two blows with the knife he was carrying.
They pleaded number guilty and were brought to trial.
Joginder Singh was removed to the Civil Hospital Gurdaspur where he was declared dead whereas the two injured eye witnesses, Nirmal Singh and Paramjit Kaur, were medico legality examined.
The trial companyrt had analysed the evidence and numbericed that there was numberdelay in either lodging the FIR or in dispatching a special report.
The High Court accepted the stand and directed acquittal.
Primary stand before the High Court was that there was delay in lodging the FIR and sending the special report and injuries on the accused were number explained.
It was pointed out that Kuljit Kaur had sustained injuries inflicted by Kala when she tried to intervene was number mentioned in the FIR.
Fauja Singh raised an alarm hearing which all the accused ran away from the spot.
Teja Singh, Parmjit Kaur and Nirmal Singh PWs.2, 3 4 were stated to be eye witnesses and the last two were injured eye witnesses.
Learned companynsel for the respondent on the other hand submitted that the whole truth has number been disclosed and therefore the High Court was justified in directing acquittal.
Learned Additional Sessions Judge Gurdaspur has found the accused guilty and sentenced them as aforestated.
Teja Singh PW2 also left for the police station but came across a police party headed by SI Sukhmohinder Singh PW 9 and made his statement to the said officer at 10.55 PM and on its basis the FIR was registered at police station, Dhariwal at 11PM.
Further the trial Court had categorically numbered that the injuries on the accused were superficial.
The trial companyrt placed reliance on their version and directed companyviction as aforestated.
It was also submitted that there was numbermention in the FIR about the injuries caused on Paramjit Kaur.
Each of the respondents was found guilty of offences punishable under Sections 302,450,324,148 read with Section 149 of the Indian Penal Code, 1860 in short the IPC .
Dr. ARIJIT PASAYAT, J. State of Punjab has questioned the companyrectness of the judgment rendered by a Division Bench of the Punjab and Haryana High Court directing acquittal of the respondents.
