GARIB SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The learned Judicial magistrate 1st Class, Ferozepur, vide his order dated 13.3.1987, convicted Teja Singh under Section 326 of the Indian Penal Code and sentenced to him to undergo rigorous imprisonment for 2-1/2 years and to pay a fine of Rs. 250/-. In default of payment of fine he was ordered to undergo further rigorous imprisonment for one month. Garib Singh, Ram Singh and Balbir Singh were convicted under Section 326 read with Section 34 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for 2-1/2 years each and to pay a fine of Rs. 250/- each. In default of payment of fine each of them was sentenced to undergo further rigorous imprisonment for one month. Garib Singh was also convicted under Section 324 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months whereas Teja Singh, Balbir Singh and Ram Singh were convicted under Section 324 read with Section 34 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for six months each. All the substantive sentence of imprisonment were ordered to run concurrently. However, in appeal filed by the aforesaid persons, the learned Additional Sessions Judge, Ferozepur vide his order dated 23.9.1988, acquitted Balbir Singh and Ram Singh whereas the sentence of rigorous imprisonment for 2-1/2 years awarded to Teja Singh and Garib Singh under Section 326 and 326/34 I.P.C. was reduced to rigorous imprisonment for two years and the sentence awarded to both of them under Section 324 and 324/34 IPC was, however, maintained. The sentence of fine was maintained.

(2.) Aggrieved against the judgment of the learned Additional Sessions Judge, the petitioners, namely, Garib Singh and Teja Singh have filed the present revision petition.

(3.) In day to day life petty incidents take place. Many a time the people forget and many a time they remember and take revenge. However, in the case in hand, on 21.1.1982, at about 7 A.M. one Puran Singh along with his son Mal Singh was removing Roori (manure) in front of his house situated in village Sohelewala within the area of Police Station, Jalalabad, in order to clear the passage. In the meantime, Budh Singh had also come there. Garib Singh and Teja Singh petitioners armed with Gandasis, Ram Singh armed with a stick (dang) and Balbir Singh armed with a licenced gun came there and obstructed the removal of Roori. They also hurled abuses to Puran Singh. On hearing raula Sant Kaur wife of Puran Singh also came there and asked the accused party not to hurl abuses. On the lalkara raised by Balbir Singh and Teja Singh, Garib Singh gave a gandasi blow to Puran Singh but Sant Kaur intervened and the blow fell on her head while Teja Singh gave a Gandasi blow to Sant Kaur hitting her on her left wrist. The other two persons namely Ram Singh and Balbir Singh kept standing on the scene of occurrence when the blows were being given by their companions. The witnesses raised an alarm to desist the petitioners from causing any more blows and because of this, the petitioners ran away from the scene of occurrence. The injured Sant kaur was removed to the hospital where she was medico legally examined by Dr. Amarjit Singh, P.W.1 and the following injuries were found on her person;