STATE OF PUNJAB Vs. JASWANT SINGH AND OTHERS

JUDGEMENT

(1.) This judgment will dispose of Crl. A.No. 290-DBA of 1991 and Crl. R.No. 767 of 1991 as they arise out of the common judgment passed by the trail Court.

(2.) Jaswant Singh accused-respondent was running a video parlour within the area of Police Station, Qadian. On the other hand Avtar Singh P.W.5 also got a licence to run a similar video parlour. It was being claimed that there was a professional rivalry between the two sides. The respondents-accused were not allowing the complainant party to run the video parlour and causing hindrance in smooth running of the parlour of Avtar Singh P.W.5. On 16.8.1987, around 10.00 P.M. both sides came armed with Gandasis and sharp edged weapons and resorted to violence. In the course of occurrence Jaswant Singh respondent- accused inflicted a Datar blow to Avtar Singh on his nose, Arvinderpal Singh gave dang blows hitting on the left side and middle of the head of Avtar Singh. Kulwinder Singh @ Pappu inflicted dang blows to Avtar Singh which landed on the left side of chest, thighs, right leg, right foot, right shoulder and neck as a result of which Avtar Singh fell down. Harbans Singh stepped forward to rescue Avtar Singh and he was given Gandasi blow by Jasbir Singh on his left leg, as a result of which Harbans Singh fell down. Arvinderpal Singh accused gave dang blows in the middle of forehead and right arm of Harbans Singh and Bittu accused gave dang blows in the middle of the forehead and right arm of Harbans Singh and Bittu accused gave dang blows on the fingers of right hand, left arm and right knee of Harbans Singh. Goldi accused gave a dang blow on the right leg of Harbans Singh (sic) stepped forward to rescue Harbans Singh but he too was inflicted dang blows by Goldi on his head, back side of the head and lips. Bittu accused gave dang blows to him on his left arm, right arm, index finger of right hand and on the upper side of left thigh. Gurdeep Singh also received injuries at the hands of Kulwinder Singh and Bittu accused in an attempt to rescue Charanjit Singh. After the occurrence the accused ran away from the place of occurrence with their respective weapons. The injured were removed to Civil Hospital, Qadian, where they were medico-legally examined. Harbans Singh deceased ultimately died in the hospital on 25.8.1987. This attack was allegedly opened by the respondent-accused persons at the house of Avtar Singh P.W.5. Avtar Singh P.W. 5 made his statement Ex, PM before ASI Chanchal Singh P.W.8 at 5.40 A.M. on 17.8.1987 and on its basis formal F.I.R. Ex. PM/2 was recorded at 6.20 A.M. on the same day. The special report reached the Ilaqa Magistrate at 9.05 A.M. on 17.8.1987. A cross-case was also registered against the complainant party. ASI Chanchal Singh P.W.8 investigated the case, arrested the accused and got recovered weapons of offence from them in pursuance of their disclosure statement.

(3.) In this trlal, it was proved that injured Avtar Singh P.W.5 received as many as 11 injuries on his person as mentioned by Dr. S.S Johal, P.W.2 in the medico-legal report Ex. PB. Out of these 11 injures only one injury i.e. injury No. 4, which was on the nose, was caused by a sharp edged weapon and the rest were simple in nature. Charanjit Singh P.W.6 received seven injuries on his person out of which injury Nos. 4 and 5 were grievous three simple injuries on his person.