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148 IPC RI for 1 year - -

427 read with RI for 3 months - -

section 149 IPC 506 read with RI for 3 months - -

section 149 IPC 2 of 20 However, they were acquitted for the offence under Section 379 IPC and 25 of the Arms Act, 1959.

Facts of the case The prosecution story in brief is that on 13.11.2010, at about 5.00 PM, Jagdev Singh complainant was ploughing his land with Ford Tractor bearing registration No.PB-24-0335 belonging to his maternal grandson (daughter's son) Harbhajan Singh son of Mithu Singh, resident of village Bhundar. Harbhajan Singh was driving the tractor. Deep Singh and Kuldeep Singh sons of Jagdev Singh were mending the boundaries of the land. Jagdev Singh was talking to his brother Gurjit Singh in fields. One Maruti Car bearing registration No.PB-03L-1513, which was gifted by complainant to his son-in-law Gurnarpinder Pal Singh, resident of village Lehra Mohabbat, was also lying parked in the land of Gurjit Singh, wherein two 12 bore double barrel guns, one belonging to Jagdev Singh complainant and other belonging to his brother Gurjit Singh along with 20 cartridges each were lying.

It is alleged that in the meanwhile, Ram Chand armed with gandasa, Nand Lal son of Ram Chand armed with slung, Gopal Ram son of Ram Chand armed with gandasa, Janta Singh @ Gurjant Singh son of Mukhtiar Singh armed with Hockey, Binder Ram son of Hari Ram armed with gandasa, Hema Ram @ Hem Raj son of Binder Ram armed with gandasa, Bija Ram @ Vijay Kumar son of Binder Ram armed with Hockey, Tarsem Lal @ Handel, resident of village Phul armed with 12 bore double barrel gun, came on a white coloured Escort tractor, which was being driven by Nand Lal. A 3 of 20 trolley was also attached with the tractor, which was covered with the jute sheets, in which the remaining accused were hiding. They were also followed by 8-10 unknown persons on four motorcycles, who were also carrying dangs and gandasa. Complainant can recognize them, if brought before him. It is alleged that on arrival, Ram Chand raised a Lalkara for teaching a lesson to the complainant party for not vacating the land. The complainant Gurjit Singh and his brother came forward to restrain the accused. On this, unknown persons and Tarsem Lal @ Handle pulled down Harbhajan Singh from the tractor and gave him fist blows. They also broke the headlights of the tractor and also tore the roof of the tractor. Ram Chand, Nand Lal and Binder Ram caught hold of Gurjit Singh and started giving injuries to him. Complainant Jagdev Singh tried to run towards the village but he was caught by Gopal Ram, Hema Ram, Bija Ram and Janta Singh in the fields of Jugraj Singh son of Jagir Singh. Then Gopal Ram gave a blow of reverse side of gandasa on the head of Jagdev Singh. Janta Singh gave a hockey stick blow, which hit the left ear of Jagdev Singh. Gopal Ram gave a blow of reverse side of gandasa, which hit right arm below the elbow of Jagdev Singh. Hema Ram gave gandasa blow which hit the left leg below the knee joint. Bija Ram gave hockey blow, which hit the back of the complainant. Thereafter, Bija Ram gave two hockey blows thrust wise on the face of the complainant. Sons of the complainant being frightened ran away from the spot after witnessing the occurrence. Thereafter, all the assailants broke the windowpanes of the Maruti car and took out the two guns and cartridges. Thereafter, with an 4 of 20 intention to kill the complainant party, they fired shots at them. The complainant party was able to save themselves by laying in the water course. Thereafter, the assailants ran away with the said two guns along with cartridges.

As per proceedings recorded by the police, on 13.11.2010, a telephonic message was received from MHC, PS Rampura regarding admission of Jagdev Singh and Gurjit Singh in civil hospital due to injuries, upon which, ASI Sukhpal Singh along with HC Gurjit Singh had visited the civil hospital Rampura, where the doctor declared them unfit to make the statement.

On 14.11.2010, ASI Sukhpal Singh again visited the civil hospital, Rampura, where Jagdev Singh was found to be talking with his relations. Jagdev Singh, thereafter, made the statement (Ex.PA) to the police, upon which, formal FIR (Ex.PW8/B) was registered.

Now, coming to the statement of Jagdev Singh. According to Jagdev Singh, Ram Chand had raised lalkara for teaching a lesson to the complainant party for not vacating the land. According to Jagdev Singh, he along with his brother Gurjit Singh stepped forward to stop the accused. On this, accused Tarsem Lal @ Handle and unidentified person forcibly pulled down his maternal grandson (Harbhajan Singh) from the tractor and started grappling with him and caused fist blows. They also damaged headlights and the roof of the tractor. Ram Chand, Binder Ram and Nand Lal started beating Gurjit Singh. He did not give the details of injuries given to his brother Gurjit Singh. He stated that when he ran towards the village, he was caught hold by Bija Ram, Janta, Gopal Ram and Hema Ram @ Hem Raj in the fields of Jugraj Singh son of Jagir Singh. According to statement of Jagdev Singh injured, Gopal Ram gave a blow of reverse side of gandasa on his head, which corresponds to injury No.1. Janta gave a hockey blow on his left ear, which is likely to correspond to injury No.2. Gopal Ram then gave a blow of reverse side of gandasa on his right arm below the elbow, which corresponds to injury No.3. Bija Ram gave a hockey stick blow on his left leg. Again said Bija Ram gave two hockey blows thrust wise 15 of 20 on the face of the complainant which corresponds to injuries No.2, 4 and 5. Hema Ram gave the blow of gandasa on his left leg. One injury No.6 may correspond to the said injury. However, the said injury is red abrasion and cannot be caused with sharp object like gandasa. Injury No.4 could be result of injury on the face. Dr. Seema Garg has further stated that patient Jagdev Singh had left the hospital 20.11.2010 against medical advice.