BALWANT SINGH Vs. STATE

JUDGEMENT

(1.) This appeal arises from the judgment dated 1.4.1977 delivered by the Additional Sessions Judge, Delhi in Sessions case No. 18/75 whereby the accused Balwant Singh, Braham Prakash and Duli Chand were convicted under Section 307 read with Section 34 IPC.

(2.) On 14.9.1974, Chattar Singh, Complainant lodged a complaint with the police that he had been working as a watchman in Ayodhya Textile Mill and on the said date he was at his house situated in village Haloombi. After the day's work when he was going home at about 8:45 a.m., he reached the house of Balwant Singh accused, he found Balwant Singh accused and his son Brahm Prakash accused present outside their house. Duli Chand accused was also present outside his house situated near the house of Balwant Singh. Duli Chand retorted to Balwant and Brahm Prakash that Chattar Singh (complainant) be killed. On this instigation Balwant and Brahm Prakash came from their house armed with balam. Duli Chand and Brahm Parkash caught hold of the complainant and Balwant attacked him with a balam and gave a blow with it while aiming at his neck, as a result of which he suffered injury on his neck. While giving such a blow Balwant had retorted that he had been insulted previously by him and he was to be taught a lesson for the same.

(3.) On recording the report of Chattar Singh, a case under Section 307/34 Indian Penal Code was registered against the accused and the investigation was started. During the investigation Chattar Singh was medically examined. The Doctor on examining Chattar Singh had observed an injury 1/4" x 1/2" x 1/2" over the neck on the right cervical region. The nature of the injury was stated to be simple having been caused by a sharp pointed object.