GURMAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DARSHAN Singh and his son, namely, Gurmail Singh have filed this revision calling in question order of conviction and sentence recorded against them by the Chief Judicial Magistrate, Jalandhar dated January 17, 1987, whereby they were held guilty under sections 326/34 IPC. Whereas, Gurmail Singh was sentenced to undergo RI for one year and to pay fine of Rs. 1000/-, or in default thereof to further undergo RI for three months under Section 326 IPC, Darshan Singh was sentenced to undergo RI for six months and to pay fine of Rs. 500/-, or in default thereof to further undergo RI for two months, under Section 326 read with Section 34 IPC. This order of the conviction and sentence recorded against the petitioners has since been upheld by the Additional Sessions Judge, Jalandhar vide order dated July 8, 1987. As mentioned above, it is against these two orders that present revision has been filed.

(2.) BRIEF facts of the case reveal that petitioner Darshan Singh is real brother of Shankar Singh injured, whereas, as mentioned above, Gurmail Singh petitioner is son of Darshan Singh. Shankar Singh injured was employed as Khalasi in the Railways Workshop at Jalandhar Cantt. On November 1, 1983, after duty hours, he left for his native village on his cycle. When he reached at the outstricks of village, he was joined by his son Dilbag Singh and wife Jagir Kaur who were returning home from the fields. Shankar Singh got down from his cycle and started walking on foot towards their house. When they had covered a short distance, they were confronted by Darshan Singh. Shankar Singh injured asked for his Sohaga from the said petitioner. The reply given by Darshan Singh petitioner was taunting and he stated that he would return something more than Sohaga. He raced to his house. Shankar Singh, his son and wife proceeded ahead and when they reached near the house of the petitioners, Darshan Singh petitioner raised an alarm exhorting Gurmail Singh to teach a lesson to Shankar Singh for demanding Sohaga. Upon that, Gurmail Singh gave a Gandasi blow on Shankar Singh which landed on his left arm. Another blow was given with the same weapon on the left upper arm of Shankar Singh, who fell down and raised an alarm. The petitioners are then stated to have left the spot. insofar as injured is concerned, he was taken to the hospital at Jalandhar where he was medically examined and admitted there.

(3.) WHEN examined under Section 313 Cr.P.C., petitioners stated that Lachhman Singh, who is real brother of Darshan Singh, was issueless and he had transferred his landed property in favour of sons of Darshan Singh which was not to the liking of injured Shankar Singh and it is for that reason that petitioners have been implicated in this case. They, however, led no evidence in defence.