GURNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Gurnam Singh, Jarnail Singh and Baldev Singh-appellants aggrieved by the judgment dated 1-12-1987 preferred this appeal as they were convicted and sentenced to undergo imprisonment under Sections 326/323 read with Section 34 Indian Penal Code.

(2.) The genesis of the occurrence is that on July 1, 1986, Mohinder Singh after making purchases from Raja Sansi was returning to his house. At about 7.00 p.m. when he reached on the pucca road leading to village Saidpur, Gurnam Singh, Jarnail Singh and Gian Singh, armed with kirpans and Baldev Singh armed with dang emerged from their house. Baldev Singh shouted that Mohinder Singh be caught hold and taught a lesson for helping Labh Singh in the land dispute. At this, Gurnam Singh inflicted kirpan blow hitting Mohinder Singh on the left side of his head. Jarnail Singh inflicted kirpan blow hitting on his forehead. Gurnam Singh inflicted another kirpan blow on the left arm of Mohinder Singh. Gian Singh inflicted kirpan blow to Mohinder Singh and in order to ward off the blow, he raised his right arm. Baldev Singh gave three dang blows to Mohinder Singh when he was lying on the ground. Charan Singh and Harjinder Singh were attracted to the spot on hearing the alarm raised by Mohinder Singh and he was rescued. Thereafter, all the accused ran away from the spot carrying with them their respective weapons.

(3.) The injured was immediately removed to S.G.T.B Hospital, Amritsar by Charan Singh, Harjinder Singh and Gurdeep Kaur wife of Mohinder Singh, where he was medically examined.