CHET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants were tried by Additional Sessions Judge, Ferozepur for offences under Sections 307, 323/34 IPC for causing injuries to Dalip Singh and Pritam Singh. Vide judgment and order dated Criminal Appeal No. 1234-SB of 2002 -2-24.7.2002, the trial Court convicted Chet Singh-appellant under Section 307 IPC and sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,000/-. In default of payment of fine, he was directed to undergo further rigorous imprisonment for six months. The other appellants were held vicariously liable under Section 307/34 IPC and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/- each. In default of payment of fine, the defaulting accused was to undergo further rigorous imprisonment for three months. All the appellants were also convicted under Section 323 IPC and sentenced to undergo rigorous imprisonment for six months each. Substantive sentences were ordered to run concurrently.

(2.) According to the prosecution, Dalip Singh complainant and his brother Pritam Singh were agriculturists by profession and having joint cultivation. The land of Chet Singh accused adjoined their land. The complainant had carved out a Khal for the purpose of irrigating his fields from the main canal. The said Khal passed through rectangle No.30 Killa Nos. 6 and 7. About 10/15 days earlier to the present occurrence, Chet Singh accused had demolished the Khal. On 2.6.1999 at about 11.00 AM, the complainant and his brother Pritam Singh were re-laying the demolished Khal. In the meantime, all the four accused duly armed reached there. Chet Singh raised lalkara to teach a lesson to the complainant and his brother for relaying the Khal. Upon this, Harmesh Singh gave a butt blow of his gun, hitting Pritam Singh near his right ear. Chet Singh gave a bala blow on the head of Pritam Singh. On receiving injuries, Pritam Singh fell down. While he was lying on the ground, he was given a gandasa blow from its reverse side by Gurmej Singh, hitting him on his nose. When the complainant tried Criminal Appeal No. 1234-SB of 2002 -3- to rescue his brother, Desa Singh gave a gandasa blow from its reverse side hitting him on his head. Chet Singh put a saffa around the neck of the complainant, as a result whereof, the complainant fell down and received scratches around his neck. Desa Singh gave gandasa blow from its blunt side on the left palm of the complainant. Chet Singh gave a kick blow in the abdomen of the complainant. On receiving the injuries, Pritam Singh became unconscious. The occurrence was also witnessed by Kundan Singh son of the complainant, who was at that time standing at a little distance from the place of the occurrence. When an alarm was raised, all the accused fled away from the spot while carrying their respective weapons.

(3.) The injured were first taken to Civil Hospital, Mamdot, from where they were further referred to Civil Hospital, Ferozepur. Dr Mahesh Chander Markan, Medical Officer, Civil Hospital, Ferozepur conducted medico-legal examination on the person of Pritam Singh on 2.6.1999 and found the following injuries :