AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal by special leave is from the judgment of the High court for the State of Punjab and Haryana accepting the State appeal and convicting the present appellants under Section 326, read with Section 34 and under Section 325, read with Section 34, 1. P. C. The three appellants had purchased about 16 acres of agricultural land from Joginder Kaur and Lakhwinder Kaur in the area of village Hasirewala. Mohinder Singh, P. W. 1 and Phuman Singh, P. W. 8, were in possession and instituted a suit. for preemption on the ground that the land was comprised in their tenancy. This suit was pending when this occurrence took place.

(2.) Six persons were sent up by the Sultanpur Lodhi Police to stand their trial under Sections 324, 323 and 326, read with S. 148 and 149, indian penal code The learned Judicial Magistrate acquitted all the six accused. The State filed an appeal against three accused appellants before us, which, as we have already stated, was accepted by the High court.

(3.) In brief, the case of the prosecution was that on 29/04/1964 at about 9 a. m. , the appellants started ploughing the land bought by them, by force. Jawand Singh, P. W. 6, tried to stop them and told them to desist from ploughing the land pending the decision of the suit for preemption. The accused, however, hurled abuses. In the meantime the three accused who have been acquitted came armed. The assault is described by P. W. 2, who seems to be an independent witness, thus: "jit Singh picked up a Kirpan kept nearby and Amar Singh and Pritam Singh picked up Lathies. Jit Singh saying that the old bloody man was the source of all trouble aid that he should be finished gave a Kirpan blow to Jawand Singh on his right leg. On receiving the injury he fell down. Mohinder Singh slipped forward to rescue him, whereupon Beer Singh gave him a Takwa blow on his left leg from behind. Mohan Singh gave a Kirpan blow to Jawand Singh on his left leg. Amar singh and Pritam Singh gave' one Lathi blow each to Jawand Singh on his left wrist joint as a result of which his wrist joint got fractured. Thereafter amar Singh gave a dang blow to Harjinder Singh or his right leg. He also fell down. Ram Singh gave a Takwa blow to Jawand Singh on his right hand. We raised an alarm saying Mar Diya (killed-killed) and pushed the accused back with great difficulty". The prosecution case further was that jawand Singh was placed on a cot and taken to his house and from his househe was taken to the hospital. Mohinder Singh was also taken to the hospital where his statement was taken down and this statement was treated as First information Report on the basis of which investigation started, The Police went to the site of the occurrence but did not take into possession any blood from the land.