DHANNA SINGH AND ANOTHER Vs. STATE

JUDGEMENT

(1.) This is an appeal by Dhanna Singh and Bachan Singh against the order of the Additional Sessions Judge, Ludhiana, dated 20th February, 1968, whereby Dhanna Singh was convicted under Section 324, Indian Penal code, and Bachan Singh was convicted under Section 324, read with Section 34, Indian Penal Code and both were sentenced to two years' rigorous imprisonment each.

(2.) The case of the prosecution, as it emerged from the statement of Balwant Singh, the injured persons, is that the land of one Bakhshish Singh was under mortgage with his father. Bachan Singh and Bant Singh accused had purchased some land of Bakhsish Singh and wanted them to deliver possession of the land which was under mortgage with Balwant Singh's father, but as the land sold to Bachan Singh and Bant Singh was not under mortgage with Balwant Singh's father, he refused to deliver possession. This resulted in a quarrel between them some four days before the occurrence. It is stated that Dhanna Singh belongs to the party of Bachan Singh and Bant Singh. He further deposed that on 3rd July, 1967 at about 9 p.m. while he and his wife were lying on their cots in the courtyard of their house, they heard the reports of two gun fire shots coming from the front of their house. Balwant Singh came out and found the two appellants and Bant Singh present in front of his house. At the time, Dhanna Singh was armed with a gun, Bachan Singh with a gandasi and Bant Singh with a lathi. Seeing Balwant Singh, Bachan Singh raised a lalkara asking Dhanna Singh to fire, at which Balwant Singh raised an alarm and started running into his house. While he was running towards his kotha, Dhanna Singh fired a shot which hit his left leg, but he continued running. Dhanna Singh then fired another shot which also hit his right leg. The alaram raised by Balwant Singh brought his neighbour and cousin Ujagar Singh and one Kaka Singh, who was present in the house of Ujagar Singh, to the spot and when they shouted that they were coming, the two appellants and Bant Singh ran away from there. The injuries of Balwant Singh were dressed and he was taken inside the house. On account of the fear of the accused and the rain which had started, Balwant Singh was not taken to the police station at night and was removed to the hospital next morning. The police arrived there and recorded the statement of Balwant Singh, on the basis of which a case was registered against the appellants and Bant Singh. At the trial, Bant Singh was acquitted, while the two appellants were convicted and sentenced as above.

(3.) When examined under Section 342, Criminal Procedure Code, the appellants denied the allegation and their presence at the spot. Bachan Singh however, admitted that the land of Bakshish Singh was under mortgage with Balwant Singh P.W. and others and they had purchased that land. He also stated that they had not asked for possession from Balwant Singh.