BANSA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Bansa Singh, Jaswant Singh and Balbir Singh were tried for offences under Sections 326/34 IPC, 436 IPC, 450 IPC and Section 27 of the Arms Act by the learned Additional Judge of the Special Court, Ferozepore. Vide its judgment dated 1-4-1985, the learned trial Court acquitted Jaswant Singh of all the charges levelled against him. So far as Bansa Singh and Balbir Singh are concerned, they were acquitted of the charges under Section 450 IPC, as well as 436 IPC, but, convicted for the offence under Section 326/34 IPC and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 100/- each and in default to further R. I. for one month each. This appeal has been filed under Section 14 of the Terrorist Affected Areas (Special Courts) Act, 1984. From the memo of the appeal, we find that the appeal has been preferred by Bansa Singh and Jaswant Singh. No appeal has been preferred by Balbir Singh convict. Jaswant Singh has been acquitted by the trial Court and we are at a loss to understand as to why an appeal was filed on his behalf and no appeal was filed on behalf of Balbir Singh whose power of attorney is on the record. Be that as it may, as at present, we find there is no appeal on behalf of Balbir Singh convict before us and since Jaswant Singh stands acquitted, this appeal is to be considered for and on behalf of Bansa Singh only.

(2.) According to the prosecution case Bansa Singh - appellant was not having good terms with Faqir Chand PW 4, who was running an Atta Chakki (Flour Mill) in village Moranwali, District Faridkot. The dispute between them was regarding the charges for grinding of wheat. On the night intervening 14/15th June 1984, while Faqir Chand PW 4 was lying on a cot and his servant Gian Chand was grinding wheat at the flour mill, Bansa Singh and Balbir Singh, each armed with a kirpan, along with Jaswant Singh armed with a pistol appeared at the scene. Jaswant Singh fired two shots from his pistol, which, however, did not hit Faqir Chand. Harbans Singh alias Bansa Singh and Balbir Singh then caused injuries with their respective kirpans to Faqir Chand. Gian Chand, the servant of Faqir Chand PW 4 and Smt. Rani PW, the wife of Faqir Chand the assault on Faqir Chand PW 4. They raised alarm on which the accused ran away along with their respective weapons. Smt. Rani informed Nachhattar Kumar about the incident and Faqir Chand was removed to the hospital at Faridkot with the assistance of Nachhattar Kumar and others. The Medical Officer of the Civil Hospital, Faridkot sent report to the police station Sadar, Faridkot regarding the arrival of the injured at the hospital on which ASI Ranjit Singh visited the hospital and recorded the statement of Smt. Rani wife of Faqir Chand PW 4. On the basis of her statement Ex. PH, formal FIR was drawn up. The investigation was taken in hand by Ranjit Singh ASI. The accused were arrested and thereafter sent up for trial, as noticed above.

(3.) The prosecution examined Dr. R. K. Arora, PW 1, Dr. Karam Chand PW 2, Dr. Jaidev Singh PW 3 besides Faqir Chand PW 4 and Smt. Rani PW 5. Ranjit Singh ASI the investigating officer was examined as PW 6.