BALBIR SINGH Vs. STATE

JUDGEMENT

(1.) Balbir Singh, Surender Pal Singh and Amrik Singh have moved this appeal against their conviction by Shri T.S. Oberoi, Additional Sessions Judge under Section 325/34 Indian Penal Code . Balbir Singh was sentenced to imprisonment till rising of the court and a fine of Rs. 1000.00 . He was further required to execute a personal bond under section 106 Cr. P.C. in the amount of Rs. 3000.00 along with one surety for keeping peace for a period of one year. The other two appellants being below the ages 21 years, were allowed the benefit of Probation of Offenders Act, and required to furnish bond for Rs. 3,000.00 each with one surety in the like amount to keep good behaviour and safe conduct for one year.

(2.) Briefly stated the prosecution case was that Amrik Singh complainant and his nephew Surender Pal Singh were standing at the 1.P. College bus stand on 28-4-1981 at 8.30 P.M. having parked their taxis of which they were drivers at a nearby taxi stand. They were then proceeding to their homes. The three accused then came in a taxi and stopped on the wrong side of the rod near the place where they were standing. Surender Pal Singh was carrying a naked sword, while Amrik Singh had a lathi and Balbir Singh one iron rod. They shouted at Amrik Singh and his nephew that they would not allow them to go alive and would teach them a lesson for extracting money without any rhyme or reason. Surender Pal Singh then gave a sword blow which Amrik Singh warded off and bore the same on his right hand resulting in injury to one of the fingers. The other accused then attempted to use rod and lathi, but did not actually hit Amrik Singh. Surinder Pal was, of course, assaulted. Both of them then ran from there and were followed by the three accused in a taxi in which they had come. At some distance Balbir Singh accused who was driving the taxi, hit Amrik Singh complainant on his leg, resulting in injuries to him including fractures on the leg and one finger. The accused then fled away. Mahima Singh, brother of Amrik Singh Public Witness ., and Charan Singh, his cousin had also happened to be present and witnesssd the occurrence. One Avtar Singh who was son of the brother-in-law of Mahima Singh, then took Amrik Singh Public Witness . first to the police station Civil Lines, and were directed from there to go to the hospital. At Hindu Rao hospital, Amrik Singh Public Witness . was admitted and he had then stated to the doctor that he received injuries in a roadside accident. In the meanwhile the police reached there and recorded his statement. A case under Section 307/34 Indian Penal Code . was then registered. Balbir Singh was arrested on the same night while the other two accused taken into custody subsequently.

(3.) Amrik Singh injured was discharged from the hospital on 2-5-1981. The injuries which were found on his person, were abrasions or lacerated wounds. The weapon of offence was opined to be blunt. His X-ray examinations rievealed fractures at the leg and one finger, and, therefore, the nature of injuries was described as grievous. The defence version has been that the complainant party had been monopolising the use of the I.P. taxi stand, and would extract money from the accused persons for using that stand for the taxis. Thus the accused persons resented and as such the complainant side threatened them that they would teach them a lesson.