PRITAM SINGH Vs. GURMIT SINGH

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 20.7.1984 passed by the Second ddl. Sessions Judge, Rampur in S.T. No. 223 of 1983 (State vs. Gurmit Singh & 4 Others), by which the opposite party nos. 1 to 4 have been acquitted under Sections 323/324 I.P.C. read with Section 34 I.P.C.

(2.) The brief facts of this case are that PW1 Pritam Singh and the other co-accused persons reside in village-Paharpur. The land of the accused persons is situated in the northern side of the land of PW1 Pritam Singh and there is a Mendh between the field of the complainant and the accused persons. They irrigate their field by lifting water from the river which flows in the west. On 18.7.1982 at about 4:00 p.m. when Pritam and his father Tara Singh were irrigating their field, accused Gurmit Singh armed with 'Banka' Chanan Singh, Santokh Singh and Triloli Singh armed with lathi came there and asked them as to why they have stopped water to their field, they told that they have not demolished drain and it might have broken down itself due to heavy pressure of water. Accused Chanan Singh asked his son to teach them a lesson. After hurling abuses, the accused persons started assaulting Pritam Singh and his father with 'Bhala' and lathi with the intention to kill them. They also used lathi-danda in their self defence. After hearing the alarm raised by the victim, Prem Singh, Dharo, Jogdendra Singh and Santosh Singh reached at the spot and rescued them. Pritam Singh along with his father went to the police station, but the accused persons were already present there. He lodged the first information report at police station. Not satisfied with the conduct of police, they lodged a complaint against the accused persons. After recording the statements of opposite party under Section 200 Cr.P.C. as well as the witnesses under Section 202 Cr.P.C., learned Magistrate took cognizance and summoned the accused persons for facing trial under Sections 323 and 324 I.P.C.

(3.) Accused Chanan Singh and Triloki Singh have pleaded not guilty to the charge under Section 323 read with Section 34 I.P.C. Accused Gurmit Singh and Santokh Singh have also pleaded not guilty to the charge under Section 324 read with Section 34 I.P.C. Accused Gurmit Singh has stated that Pritam Singh, Tara Singh, Ajit Singh and Jaspal Singh demolished his Mendh, as a result of which flow of water to his field had stopped. Pritam Singh was armed with 'Gadasa' and rest of the three accused persons were armed with lathi started assaulting him, his father and brothers. Triloki Singh used danda in self defence. Other three accused persons have reiterated the same facts in their statements.