TARA RAM CHAND Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the judgment of ,the learned Additional Sessions Judge, Gurdaspur. dated 9-7-1969. Two sets of persons comprising of 7 accused in each set were tried Under Sections 148, 333/149, 332/149, and 353/149 of the Indian Penal Code. The first set is comprised of Kartar Singh, Buta Singh, Gurbachan Kaur and Kartar Kaur appellants along with Guddo daughter of Kartar Singh appellant, Mohindro daughter of Buta Singh and Joginder Singh son of Kartar Singh. The last three accused persons have been acquitted by the learned Additional Sessions Judge. The second set of accused persons consists of Ujagar Singh, Bahadur Singh, Tara Ram Chand and Bachan appellants along with Sukhdev Singh, and Sain Dass, who have been acquitted by the learned Additional Sessions Judge of all the charges.

(2.) THE first information report in this case was lodged by Shri Prem Sagar, Executive Officer, Municipal Committee, Batala (P. W. 2) at 2 p, m. on 26-6-1967. within Police Station, City Batala, The prosecution case is that Kartar Singh appellant made unauthorised construction encroaching upon the municipal street. He was served with the notices Under Sections 195, 195-A. 172 and 220 of the Punjab Municipal Act with the direction to remove the encroachment and dismantle the unauthorised construction. He failed to remove the said encroachment within the time specified in the notices. As a consequence of this, the Executive Officer issued orders for removing the encroachment through the Municipal Agency. In pursuance of the said orders, Shri Mohinder Kumar, Municipal Engineer along with the municipal squad consisting of a large number of municipal employees, went to Mohalla Murgi Khana, Batala at about 12. 15 p. m. on 26-6-1967 with the object of demolishing the unauthorised encroachment. When the squad started removing the encroachment, the inmates of the house of Kartar Singh appellant including women, started throwing brick bats on the members of the municipal squad. Gurbachan Kaur appellant threw brick bats which struck Kundan Lai, peon, and hit him on his forehead, just above the nose. Another brick was thrown by Kartar Singh at Amar Singh, Mate, which caused injury on his person. Joginder Singh accused was also throwing brick bats from inside the compound. Kartar Kaur appellant was throwing brick bats from inside the compound. Similarly all the other accused persons of the first batch started giving injuries to the members of the Municipal Squad. It was then that the accused mentioned in the second batch who were armed with lathies and other weapons along with some other persons came at the site and started giving injuries to the members of the Municipal Squad. The , Executive Officer of the Municipal Committee is alleged to have witnessed the occurrence. It is alleged that the appellants and the other accused persons named in the second batch shouted that they would finish all the members of the Municipal Squad and teach them a lesson once for all. The first information report duly written was given to the Station House Officer who endorsed the same for the registration of the case and himself proceeded to the spot.

(3.) DR. Ascharaj Lai (P. W. 1), who was examined as P. W. 9 before the Committing Court, examined Manga 1 Sain P. W, on 26-6-1967 at 410 p. m. and found 13 injuries on his person. Injury No. 12 was grievous and all the other injuries were simple. Injury No. 12 is as follows: Injury No. 12. Diffused contusion 4 x 3" over the left ankle and leg outer part. [after describing the nature of injuries received by some of the P. Ws. and some of the appellants their Lordships proceeded].