STATE OF PUNJAB Vs. MANN SINGH

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment passed by Punjab and Haryana High Court dated Jan. 10, 1975 setting aside the judgment and sentences passed by the Sessions Judge, Hoshiarpur dated Feb. 13, 1974 convicting respondent No. 1 Mann Singh for having committed an offence punishable under Sections 304, Part II and 323 of the I. P. C., 1860 and sentencing him to undergo rigorous imprisonment for 7 years and 9 months. respectively, and his son Balbir Singh, respondent. No. 2, for an offence under Ss. 304, Part II and 323 both read with S. 34 of the I. P. C. and sentencing him to suffer rigorous imprisonment for 3 years and 6 months respectively. On appeal, the High Court has upheld the conviction of respondent No. 1 Mann Singh but reduced his sentence to the period already undergone i. e. for a period of 20 months and to a fine of Rupees 2,000/- or in default to suffer further rigorous imprisonment for two years, but acquitted his son Balbir Singh, respondent No. 2 of both the offences.

(2.) The prosecution case in brief is as follows:On the date of occurrence i.e. on June 22, 1973, early in the morning Mst. Lila Wanti, wife of the accused Mann Singh and one Mst. Rekhi had an altercation leading to exchange of abuses, at which Mst. Lila Wanti snatched away the veil from the head of Mst. Joginder Kaur, P. W. 9, daughter of the deceased Pala Singh, who tried to intervene. At about 12.30 p. m. the deceased Pala Singh returned from his field and Sewa Singh, P. W. 4, a neighbour, took him to the house of the accused Mann Singh to protest over the incident and made a demand for return of the veil from the accused Mann Singh at which Mann Singh got infuriated and started abusing the deceased Pala Singh. On seeing him in an agitated mood, both of them returned and the deceased Pala Singh lay down on a cot under a mulberry tree in front of his house.

(3.) The prosecution case is that after about an hour, the accused Mann Singh armed with a dang and his son Balbir Singh armed with a Gandasi, arrived at the scene of occurrence and hurled abuses at the deceased Pala Singh, who thereupon got up from his cot and asked them to desist from abusing him. Upon this, both the accused made a joint assault on the deceased Pala Singh - Mann Singh dealt a blow with his Dang on the head of the deceased Pala Singh, and the accused Balbir Singh gave a Gandasi blow on his head as a result of which the deceased fell down unconscious at the spot. On hearing the alarm raised by the deceased Pala Singh, Mst. Joginder Kaur, P. W. 9 rushed out of the house and laid herself on her father in order to save his life. The accused Mann Singh gave her a couple of blows with the Dang and both the accused then left the place of occurrence. The deceased was taken in an unconscious condition to Civil Hospital, Mukerian where he was examined by Dr. Randhiraj Singh, P. W. 1 who found the following two external injuries: