KALA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision has been preferred by Kala Singh, Petitioner -accused, against the judgment dated 18.8.2005 passed by Additional Sessions Judge(Ad hoc), Sangrur, vide which he dismissed the appeal preferred by the present accused against the judgment/order dated 4.2.2004 passed by Sub Divisional Judicial Magistrate, Dhuri, convicting him for the offences under Sections 323 and 324 read with Section 34 IPC and sentencing him as under:

(2.) THE prosecution story, in brief, is that there was a dispute between Rajinder Singh, complainant, PW -2 and Bakhshish Singh and others regarding the electric motor in which security proceedings under Section 107/151 Code of Criminal Procedure had been taken against them. On that account the accused were nourishing a grudge against him. On 12.9.1999, at about 9 -30 p.m., Kala Singh -accused, came in the street, in front of the house of the complainant, while in a drunken condition, and started raising lalkaras and abuses. In the meanwhile, Budhu Singh, armed with a spade(Kahi), and Gurwinder Singh, armed with stick, came to that place. Budhu Singh exhorted Kala Singh -accused not to spare the complainant on that day. Thereafter, Kala Singh took the spade from Budhu Singh and gave a blow from the sharp side thereof on the head of the complainant, as a result of which he fell down. While he was lying on the ground, Gurwinder Singh gave blow with stick on his left knee and the second blow was given by him above that knee and the third blow was given on his right elbow. This occurrence was witnessed by Darshan Singh, PW -3, and Sarwan Singh, PW -4, who raised an alarm and all the accused ran away from that place with their respective weapons. The complainant in injured condition was removed to Civil Hospital, Dhuri, by his father Sukhdev Singh and was admitted at that place. He was medically examined by Dr. N.S. Balian, PW -1, who found five injuries on his person, which were described by him in the Medical Legal Report, Ex. P.1. He sent ruqa (written information), Ex. P.3, to the police station. On the receipt thereof, Iqbal Singh, ASI, PW -7, came to the hospital and gave application, Ex. PW -7/A to enquire about the fitness of the complainant to make his statement. Doctor declared him fit to make the statement. Thereafter, the ASI recorded his statement, Ex. P.9 and after making his endorsement, Ex. PW7/B thereon, sent that to the police station on the basis of which formal FIR. Ex. PW7/C was recorded against the accused under Sections 323, 324 read with Section 34 IPC. The ASI went to the place of occurrence and after inspecting the same, prepared the rough site plan, Ex. PW7/D. All the three accused were arrested on 19.9.1999. On interrogation, Kala Singh, accused, disclosed that he had kept concealed one spade inside the room meant for electric motor, constructed in his fields and could get the same recovered from that place. In pursuance of that disclosure statement, Ex. PP, that accused got recovered the spade, which was taken into possession, vide Memo Ex. P -10. The ASI prepared the rough site plan, Ex. PW7/E of the place of recovery and after coming back to the police station, deposited that spade with the MHC. The injuries on the person of the complainant were subjected to radiological examination by Dr. Badri Dass, PW -6, but no fracture was detected. After the completion of the investigation, the challan was put in before the SDJM, Dhuri, for the trial of the accused for the aforesaid offences.

(3.) THE trial court found prime facie case against the accused under Sections 323 and 324 read with Section 34 IPC. They were charged accordingly, to which they pleaded not guilty and claimed trial. To prove their guilt, prosecution examined Dr. N.S. Balian, PW -1, Rajinder Singh, PW -2, Darshan Singh, PW -3, Sarwan Singh, PW -4, Jasbir Singh, PW -5, Dr. Badri Dass, Medical Officer, PW -6, Iqbal Singh ASI, PW -7 and Dr. Darshan Singh Sidhu, Professor Surgery Govt. Medical College, Patiala, PW -8.