DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the conviction of the appellants under Sections 147, 367 and 325 read with 149, I.P.C. and sentencing each of the accused for one year rigorous imprisonment under Section 147, for four years rigorous imprisonment and a fine of Rs. 1000/- under Section 367, I.P.C., in default further rigorous imprisonment for six months, rigorous imprisonment for three years and a fine of Rs.2000/-under Section 325/149, in default further rigorous imprisonment for six months - all the sentences are to run concurrently, passed by the learned Additional Sessions Judge, Ludhiana on January 4, 1989 in Sessions Trial No. 25 of 1979 since affirmed by the High Court of Punjab and Haryana in Criminal Appeal No. 18-SB of 1980 by its judgment dated August 19, 1982.

(2.) The prosecution case in short is that on June 27, 1979 at about 7.00 p.m., Prem Dutt who was co-villager of Gurcharan Singh and Bant Singh were sitting on a cart near the house of Ram Singh when an ambassador car arrived there. On the number plate of the said car the words applied for were written. From the said car five persons two of them being armed with rifle and 12 bore gun and the remaining with dangs came out. The said five persons addressed Prem Dutt as Pandta come here. The driver reversed the car and Prem Dutt apprehending trouble jumped over the wall into the house of Ram Singh, but the said five persons entered the house compound and brought him forcibly back and then they forcibly put him on the back seat of the car. The two persons who were armed with rifle and gun had challenged that any one who would come near would be killed. In the meantime Raj Kumar, son of Prem Dutt, was coming from the bus stand side and seeing his father being forcibly kept in the said car, he raised an alarm but the said five persons managed to abduct away Prem Dutt in the said car. The car stopped in between the villages Kheri and Dolon. Prem Dutt was brought out of the car and the persons armed with dangs inflicted several injuries and the other companions proclaimed that legs and arms of Prem Dutt be broken. After causing injuries, all the said persons left the said place with the car saying that it was sufficient lesson for Prem Dutt.

(3.) The motive indicated by the prosecution is that Sarpanch, Buta Singh, had enmity with Prem dutt and the said Buta Singh before leaving for Canada had told that Prem Dutts arms and legs would be broken. It was also alleged that Raj Kumar, son of Prem Dutt, was the Manager in the Cooperative Society Bank of villagae Jodhan and he detected embezzlement of Rs. 4 lacs in the said bank. Tarlok Singh was the President of the said bank. The said Tarlok Singh and other Committee members became enraged because of such detention and such injuries to Prem Dutt had been caused at their instance. After Prem Dutt was taken away in the said car Raj Kumar followed the car in a truck going by the road and he stopped at the place where Prem Dutt was lying injured and thereafter he took him to the Civil Hospital, Ludhiana where Prem Dutt had been medically examined and treated. The police arrived on receipt of the medico legal report from the hospital and recorded the statement of Prem Dutt which formed the basis of first information report. Prem Dutt also made a supplementary statement to the police giving out the names of the assailants because the said persons were addressing each other by their names during the period of abduction. After the investigation of the case, seven persons including the appellants were charge-sheeted for offences under Section 120B read with Sections 325, 342, 452, 565, 367, 368, 148 and 149, I.P.C. It may be noted here that there was no eye-witness examined by the prosecution who had seen the injuries being inflicted on the person of Prem Dutt. The two doctors, namely, Tarlok Nath, P.W. 1 and Parmod Kumar, P.W.2, were examined by the prosecution. The said doctors had examined Prem Dutt and had conducted the X-ray examination on the person of Prem Dutt. Tarlok Nath, P.W. 1, stated that he had medically examined Prem Dutt at 9.30 p.m. on June 27, 1979 and he observed eight blunt weapon injuries on the person of Prem Dutt, out of which injuries Nos. 1, 3 and 8 were grievous and injury No. 6 was simple and injuries Nos. 2, 4, 5 and 7 were to be observed more intensely. The said doctor further stated that as a result of the injuries sustained by Prem Dutt both the hands of Prem Dutt were disabled and his legs also appeared to be disabled and vide his endorsement Ex. PC he declared Prem Dutt to be unfit to make a statement at 3.30 a.m. on June 28, 1979.