KISHAN Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) The appellant herein were convicted and sentence to undergo rigorous imprisonment for various offences offences under Sections 325/324 read with Sec. 34 of the Indian Penal Code.

(2.) The genesis of the occurrence is that on 22.8.1986, celebration in connection with the birthday of the son of Sohan was going on at the house of Sohan. Several persons, including the neighbours were invited to dinner, Pappu, who was serving dinner found his writ watch missing. He made enquiries from all the persons present there He suspected Kishan and enquired from him about his wrist watch. Kishan replied that the same is in his pocket but he would not give it to him. Thus, there was exchange of hot words between the two and after calling bad names to Pappu, Kishan ran towards his house which is near the house of Sohan. On hearing the noise, Sardara and Sheedo, parents of Pappu came in the street.

(3.) When Pappu was going in the street and reached near the house of Sohan, Dara empty handed, Kishan armed with kissia, Ghukka armed with Sota, Mahasha armed with Sota and Daulat armed with taken came running calling bad names. Dara raised lalkara that Pappu be caught as he had insulated them in the brother-hood. Upon this, Kishan accused inflicted two kissia blows hitting the on left side of the head of Pappu. Mahasha gave two sota blows hitting Pappu on his left and right arms. Daulat inflected two takwa blows from its reverse side and they fell on the right shoulder and on the back of Pappu. Sheedo steeped forward to rescue Pappu but Mahasha accused inflicted sota blow on her head and Ghukka also inflicted three sota blows on her back and left shoulder. When Sardara stepped forward to rescue Pappu, he was also attacked by Kishan with a kassia and the kiassia blow fell on his ahead from its reverse side. On the alarm raised by Sheedo and Sohan, all the accused ran away carrying with them the weapons. While running from the spot, they had threatened with dire consequences, that in case the matter was reported to the police, they could not be spared. On account of the threats given by the accused, the injury had not left the village for Police Station but on the next morning they were taken to the hospital in the tractor-trolley where they were medically examined and thereafter, on he basis of Medico Legal Report and on the statement of Pappu, the case was registered against the accused.