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(O&M) CRA-D-90-DB-2005 2005 (O&M); & CRR-995-2005 2005 (O&M)

3. The FIR (Ex.PQ) came to be lodged on the basis of state statement (Ex.PL) made by Jaswant Singh (complainant), (complainant), wherein he stated that he is an agriculturist and that about two years back, back, they had purchased some land in the area of Bassi Daud Khan from Balwant Singh where Ravail Singh had sown sugarcane crop and as had been agreed agreed, Gurcharan Singh etc. had harvested the sugarcane crop. On 22.03.2002 at about 7.30 AM AM, Gurcharan Singh, his son Gurmit Singh @ Laddi, his brother brother-in-law Jagdev Singh, Surinder Singh son of Jagdev Singh, Kaka son of Ram Lubhaya, Surinder Kaur wife of Gurcharan Singh and Satwinder Kaur wife of Jagdev Singh started ploughing the land in question with a 'Massey' tractor. The complainant alleged that when he objected to the same and asked them (Gurcharan Singh & others) that some person from the village be associated, as had been agreed earlier and thereafter they could plough the land, land Gurcharan Singh raised a ''lalkara' exhorting his companionss that the complainant be not spared. Gurcharan Singh inflicted a blow with 'kirpan' ' ' on the left han hand of the complainant. Jagdev Singh gave a blow with 'dang' ' on complainant's left shoulder. Kaka inflicted a blow with 'dang' ' ' on the left thigh of the complainant. The two ladies threw brick-bats.

(O&M) CRA-D-90-DB-2005 2005 (O&M); & CRR-995-2005 2005 (O&M) blow with 'kirpan' ' on the right hand of Amarjit Singh. Jagdev, Surinder Singh and Kaka inflicted blows with their respective ''dangs' to Amarjit Singh hitting ing him on various parts of body. On account of hue and cry having been raised, father of Amarjit Singh came to the spot and shifted the complainant and Amarjit Singh to Civil Hospital, Hoshiarpur from where Amarjit Singh was referred to DMC, Ludhiana Ludhiana. The complainant further stated therein that the entire occurrence was witnessed by his brother Surinder Singh and that all the accused after the occurrence had run away alongwith their respective weapons. It is alleged that the motive for inflicting injuries injuries was that the accused wanted to take possession of the land, which had been purchased by the complainant & others and that they had also come to take possession of the same and when they restrained the accused from doing so, then he (complainant) and Amarjit Singh were caused injuries.

PW-8 SI Onkar Dutt stated that on 22.03.2002, he was posted at Police Station Sadar, Hoshiarpur, when an information was received CRA-D-63-DB-2005 (O&M);
(O&M) CRA-D-90-DB-2005 2005 (O&M); & CRR-995-2005 2005 (O&M) regarding admission of Amarjit Singh and Jaswant Singh in Civil Hospital, Hoshiarpur and pursuant to the same, he went to the Civil Hospital, where he came to know that Amarjit Singh had already been referred to DMCH, Ludhiana. However, Jaswant Singh was present and he recorded recorded his statement (Ex.PL), which was sent to the police station for registration of FIR. He further stated that upon receipt of information on 27.03.2002 regarding death of Amarjit Singh, he went to DMCH, Ludhiana and prepared inquest report Ex.PC and got the post-mortem examination on the dead body of Amarjit Singh conducted. He stated that 4 of the accused namely Gurmit Singh, Jagdev Singh, Surinder Pal and Surinder Singh were arrested on 06.04.2002, as they had surrendered in the Court on 04.04.2002. He further stated that he had interrogated Gurmit Singh on 08.04.2002. During the course of cross-examination, cross examination, he stated that no recovery of any weapon was effected from the accused and that he had gone to the place of occurrence on 5th day and that he had not lifted any blood stained soil from the spot.

9. The learned trial Court, upon marshalling the evidence on record, acquitted Surinder Kaur and Satwant Kaur @ Satvinder Kaur of all the charges framed against them, but held that the prosecution had been CRA-D-63-DB-2005 (O&M);

(O&M) CRA-D-90-DB-2005 2005 (O&M); & CRR-995-2005 2005 (O&M) ( 10 ) successful in establishing its case against Gurcharan Singh, Gurmit Singh, Jagdev Singh, Surinder Pal @ Chindi and Surinder Pal @ Kaka and accordingly, convicted convicted and sentenced them as under: