AVTAR SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) This is an appeal by Avtar Singh accused/appellant against his conviction under Section 324 of the Indian Penal Code and the order of sentence directing him to furnish a bond in the sum of Rs. 5,000/- with one surety in the like amount to the satisfaction of the trial court that he will keep peace and be of good behaviour for a period of six months from the date of order of sentence as passed by the impugned judgment and order of sentence dated August 11, 1982 and August 12, 1982 respectively. The prosecution case stated in brief is that Manmohan Singh, complainant P.W. 1 as also Avtar Singh, appellant, both used to ply taxis from the Taxi Stand outside the Ashoka Hotel. On January 25, 1982 at about 7.45 p.m. Manmohan Singh complainant and Avtar Singh appellant were present at the Taxi Stand. They heard a call from Ashoka Hotel through microphone for bringing a taxi at the gate of the Hotel. Both wanted to take their taxi to the Ashoka Hotel gate. According to Manmohan Singh it was his turn to take taxi. All the three accused including Avtar Singh appellant, however, told that they would not obey the Que-system and they would take their taxi first. An altercation took place between Avtar Singh, Vikram Singh and Kaka Singh accused on the one side and Manmohan Singh, Malkiat Singh and Bharpoor Singh on the other. According to the defence version Ujagar Singh was also present there. According to the case of the prosecution he came to the spot immediately after the main occurrence. In the altercation Kaka Singh and vikram Singh, co-accused of the appellant, caught hold of Manmohan Singh and Avtar Singh appellant gave a kirpan blow on the loft side of his chest. Manmohan Singh was taken to the Willingdon Hospital by Ujagar Singh and he was discharged from there on the next day.

(2.) The three accused including the appellant had been charged for the offence under Section 307 read with section 34 Indian Penal Code. The defence version if that it was the turn of Avtar Singh appellant to take his taxi. He insisted on the taking of his taxi at the call of the Hotel. Manmohan Singh and his companions Malkiat Singh. Bharpoor Singh and Ujagar Singh picked up a quarrel with him. They caught hold of Avtar Singh and Ujagar Singh inflicted an injury on the head of Avtar Singh with an iron rod. Avtar Singh was taken to the Safdarjang Hospital. He remained under treatment for five days and was discharged on January 30, 1982. According to the defence version Manmohan Singh sustained injury by a fall on a sharp object lying there.

(3.) The prosecution version was supported by Manmohan Singh injured P.W. 1, Malkiat Singh P.W. 2, and Bharpoor Singh P.W. 3 as eye-witnesses. Ujagar Singh P.W. 4 has stated to the offect that he reached the place. He found Manmohan Singh bleeding from his chest and he removed him to the Willingdon Hospital in his taxi and got him admitted there and further that Manmohan Singh told him that he had been attacked by a kirpan by Avtar Singh. Avtar Singh filed a complaint before the court of the Metropolitan Magistrate on May 3, 1982 against Ujagar Singh, Malkiat Singh and Manmohan Singh under Sections 308/323/34 and 506 Indian Penal Code. In that complaint all the said three persons were summoned in the case under Section 323/34 Indian Penal Code and are standing trial in the court of the Metropolitan Magistrate. The learned trial court in its impugned judgment relied on the prosecution evidence and discarded the defence version that the complainant party were the aggressors. It was held that Avtar Singh appellant caused a simple hurt with a sharp-edged Weapon to Manmohan Singh. He was convicted under Section 324 Indian Penal Code. So far as his two co-accused are concerned it was held that it could not be held that they were aware that Avtar Singh was armed with a kirpan or that they shared the intention with Avtar Singh in the latters causing hurt to Manmohan Singh. They were accordingly acquitted.