STATE OF PUNJAB Vs. SUCHA SINGH

JUDGEMENT

(1.) This is an appeal by special leave by the State of Punjab against the Judgment of the Punjab and Harayana High Court, setting aside in appeal the conviction of the seven respondents and acquitting them.

(2.) The respondents were prosecuted on the allegation that on July 5, 1966 at about 6 p.m., Amrik Singh and Ajit Singh PWs went to the haveli of Bahadur Singh in village Ramana Chak to purchase milk. The seven then came there. Two of the respondents, Sucha Singh and Jagir Singh, were armed with takwas. Dasondha Singh had a gun. Pal Singh, Gurdial Singh and Dilip Singh had a dang each, and Ajit Singh was armed with a spear. It is stated that Desondha Singh fired from his gun to deter others, while the remaining respondents caused injures to Ajit Singh (PW 2) and Amrik Singh (PW 3). Ajit Singh and Amrik Singh were thereafter taken to V. J. Hospital, Amritsar. Statement PA of Ajit Singh was recorded in the hospital by ASI Dalbir Singh at 2.15 p.m. on July 6, 1966. The statement was thereafter sent to police station Jandiala which is at a distance of about ten miles from the place of occurrence. A formal first information report was prepared at the police station on the basis of the statement PA of Ajit Singh. The accused respondents were thereafter arrested and sent up for trial.

(3.) The accused in their statements under Section 342 of the Code of Criminal Procedure denied the prosecution allegations. According to the defence version,, Ajit Singh PW, Amrik Singh PW and others had attacked Karnail Singh aged about 13, son of Sucha Singh accused, near the house of one Bawa Singh. It was stated that one Amrik Singh son of Pritam Singh had thereupon caused injuries to Ajit Singh and Amrik Singh PWs.