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2. Both the present appeals have been preferred against the judgment of conviction dated 27.01.2020 and order of sentence dated 30.01.2020 passed by the Court of Additional Sessions Judge, Sangrur in case FIR No. 50 dated 02.07.2015 registered under sections 307, 452, 323, 324,325, 336, 506, 201, 148,149 IPC and Section 27 of Arms Act, registered at Police Station Sadar Ahmedgarh, District Sangrur.

3. Brief facts of the case giving rise to this prosecution are that on receiving information from Police Station City-I Malerktola regarding admission of Kuldeep Singh son of Harpal Singh, Gunvir Singh son of Avtar Singh, Paranjit Singh son of Harpal Singh, Avtar Singh son of Anokh Singh, Harpal Singh son of Anokh Singh, Jaswant Kaur wife of Harpal Singh, Rajwinder Kaur wife of Avtar Singh and Sahibjot Singh son of Kuldeep Singh residents of village Sarod, in Civil Hospital, Malerkotla due to injuries received by them on their persons in a fight on 02.07.2015, Inspector Harwinderpal Singh, SHO, Police Station Sadar Ahmedgarh along-with other police officials went to Civil Hospital, Malerktola for recording the statements of injured, but the Doctor declared injured Jaswant Kaur and Rajwinder Kaur unfit for making statement and referred injured Kulwant Singh, Harpal Singh, Gunvir Singh and Paranjit Singh to Rajindra Hospital, Patiala for treatment, on which Inspector Harwinderpal Singh alongwith other police officials went to Rajindra Hospital, Patiala where Paranjit Singh, Gunvir Singh, 2 of 25 Neutral Citation No:=2023:PHHC:065290 Harpal Singh and Kuldeep Singh were declared fit for making statement by the Doctor. Inspector Harwinderpal Singh recorded the statement of injured Paranjit Singh son of Harpal Singh resident of Sarod who has stated that he is B.A. and an agriculturist. His father has two brothers and both are married. They have been residing separately with their respective families. They are two brothers i.e. he and Kuldeep Singh. Both are married and have been residing jointly in the same house. His paternal uncle (Taya) has two sons namely Gunvir Singh and Manvir Singh. Manvir Singh has been doing ILETS from Bathinda. A day before that day dated 01.07.2015 at about 3:30 PM, his brother Kuldeep Singh was coming to his house by jeep and on the way Gagandeep Singh son of Bhupinder Singh who was coming by tractor scuffled with him due to non-giving of side. They made his brother understand and came back to their house. At about 6:40 PM, he along-with his father Harpal Singh, brother Kuldeep Singh, mother Jaswant Kaur, wife Sukhpreet Kaur, sister-in-law (bhabi) Mandeep Kaur, nephew Sahibjot Singh, paternal uncle (Taya) Avtar Singh, aunt (Tai) Rajwinder Kaur and cousin Manvir Singh was present in the house. Balvir Singh son of Karnail Singh armed with 12 bore gun,Bhupinder Singh son of Karnail Singh armed with sotta, Jatinder Singh son of Bhupinder Singh armed with barchha (spear), Gagandeep Singh son of Bhupinder Singh armed with gandasa, Pardeep Singh son of Binder Singh armed with sharp edged barchha (spear), Tarlochan Singh son of Jangir Singh armed with stick (sotti), Prabhjoit Singh son of Hardial Singh 3 of 25 Neutral Citation No:=2023:PHHC:065290 armed with stick (sotti) and Mandeep Singh son of Balvir Singh armed with barchha (spear) came in front of their house and Balvir Singh raised lalkara by stating that they should not be gone scot free and Balvir Singh shot a fire from his 12 bore gun towards them with an intention to kill them which hit on the gate of their house. He fired another shot and pellets of the shot hit on his left wrist, left arm, right arm, fingers of his right hand and on the body of his father Harpal Singh, Gunvir Singh and nephew Sahibjot Singh. Sandeep Singh and 7/8 unknown persons threw brick bats inside their house. Brick bats thrown by Sandeep Singh hit on the face of his father, his right hand and left foot of his aunt (Tai) Rajwinder Kaur. Then Bhupinder Singh, Jatinder Singh, Gagandeep Singh, Pardeep Singh, Tarlochan Singh and Mandeep Singh came inside their house along-with their respective weapons. Pardeep Singh gave barchha blow which hit on his left arm. Gagandeep Singh gave two gandasa blows which hit on the left hand of his father Harpal Singh. Jatinder Singh gave barchha blow which hit on the abdomen and head of his brother Kuldeep Singh. Bhupinder Singh gave sotta blow on the left arm of Kuldeep Singh. Tarlochan Singh gave Sotti blow on the back and elbows of Avtar Singh. When his mother Jaswant Kaur came forward to rescue them, accused Jatinder Singh pushed her and she fell down. When they did not stop giving injuries, then his uncle (Taya) Avtar Singh took his licensed rifle .315 bore from inside in order to save them and shot fire in the air. Accused Balvir Singh and others fled away from the place of occurrence along-with their respective weapons.

8. The appellants-accused pleaded that in fact on 01.07.2015 at about 6:30 PM, when accused Balvir Singh along-with his brother Bhupinder Singh was coming back from his field and reached in front of the house of Harpal Singh son of Anokh Singh for going towards the street for approaching his house, Paranjit Singh alias Kala armed with gandasa, Kuldeep Singh armed with barchha, Avtar Singh armed with .315 bore rifle, Gunvir Singh alias Guni armed with gandasa, Manveer Singh younger son of Avtar Singh armed with stick, Gurjit Singh armed with stick along-with 6/7 unknown persons were present there and on raising lalkara by Paranjit Singh alias Kala, he gave a gandasa blow on the left side of Bhupinder Singh's head, Manvir Singh younger son of Avtar Singh gave a stick blow which hit on the right arm near elbow of Bhupinder Singh, Harpal Singh gave a sua (pork) blow with an intention of kill Bhupinder Singh which hit on the right side of the neck of Bhupinder Singh. They have also alleged that Bhupinder Singh fell down and Gunvir Singh alias Guni gave a gandasa blow with its front side which hit on the head of Amninder Singh and when his son Mandeep Singh came to rescue them, Gurjit Singh gave a stick blow to Mandeep Singh which hit on his shoulder and bicep. Avtar Singh fired upon him with an intention to kill. Jaswant Kaur came and threw brick bats upon them. They have also alleged that 10 of 25 Neutral Citation No:=2023:PHHC:065290 Balvir Singh along-with his 12 bore rifle came to rescue them and he, just to save them from the accused persons in the case titled as State Vs. Paranjit Singh and others, fired in the air, but the police in connivance with the accused persons in the case titled as State Vs. Paranjit Singh and others had falsely implicated them in the present case to put pressure upon them to make compromise in the present case.

6. DW-6 Bhupinder Singh, Mandeep Singh and to Amninder Singh have proved the manner DW-8 in which the occurrence took place and they received injuries from the hands of complainant party on 01.07.2015 in a cross version case titled as State Vs. Paranjit Singh and others.

10. On appreciating the evidence on record and contentions raised by the learned counsel for the parties, the learned trial Court vide its judgment dated 27.01.2020 held all the appellants-accused 12 of 25 Neutral Citation No:=2023:PHHC:065290 (in both appeals) as guilty and convicted them as under:

23. In this case, the custody certificates of all the appellants have been placed on record by the learned State counsel which show that appellants(in both appeals) have already undergone the actual sentence as follows:

Sr. No. Name Actual Undergone period 1 Amninder Singh 3 months - 3 days 2 Jatinder Singh 7 months - 3 days 3 Mandeep Singh 6 months - 10 days 4 Gagandeep Singh 7 months - 13 days 5 Pardeep Singh 8 months - 24 days 6 Sandeep Singh 3 months - 10 days 23 of 25 Neutral Citation No:=2023:PHHC:065290 7 Tarlochan Singh 6 months - 24 days 8 Bhupinder Singh 3 months - 4 days 9 Balvir Singh 01 year - 2 months - 9 days