ZORA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Zora Singh, aged 22 years, his brother Baldev Singh aged 30 years and their father Ganda Singh, aged 60 years, were tried by Additional Sessions Judge, Ludhiana, under Sections 307/326/324/34 of the Indian Penal Code for causing injuries to Balwinder Singh P.W. The trial Court vide its order dated June 2, 1986, convicted Zora Singh accused under Section 326 of the Indian Penal Code and his co-accused Baldev Singh and Ganda Singh under section 326 read with Section 34 of the Indian Penal Code. Baldev Singh accused was also convicted under Section 326 of the Indian Penal Code whereas his co-accused Zora Singh and Ganda Singh were convicted under Section 326 read with Section 34 of the Indian Penal Code. Ganda Singh accused was convicted under Section 324 of the Indian Penal Code whereas his co-accused Zora Singh and Baldev Singh were convicted under section 324 read with Section 34 of the Indian Penal Code. The aforesaid accused were sentenced to undergo rigorous imprisonment for two years and to pay a fine or Rs. 500/- each or in default there of to undergo further rigorous imprisonment for six months under section 326as well as under Section 326 read with section 34 of the Indian Penal Code on two counts whereas Ganda Singh accused was sentenced to undergo rigorous imprisonment for six months under Section 324 of the Indian Penal Code and Zora Singh and Baldev Singh were sentenced to undergo rigorous imprisonment for six months under section 324 read with section 34 of the Indian Penal Code. All the substantive sentences of imprisonment were directed to run concurrently and out of the fine, if realized, Rs. 1500/- were directed to be paid to Balwinder Singh injured as compensation.

(2.) In brief facts relevant for the disposal of this appeal arc that on 5.12.1985, at about noontime Balwinder Singh injured, his brother Paramjit Singh and their father Tara Singh were standing in the lane in front of their house as they wanted to go to Mandi for their personal work. Meanwhile Zora Singh accused armed with a Kirpan and Baldev Singh and Ganda Singh accused armed with Gandasas came there. Zora Singh raised a lalkara that Balwinder Singh was responsible for arranging his marriage with a girl who belonged to a poor family and the girl was also of darkish complexion; that Balwinder Singh had played a fraud on them and for this they would teach him a lesson. All the three accused then attacked Balwinder Singh. Zora Singh accused gave a Kirpan blow on the left elbow joint of Balwinder Singh, Ganda Singh accused gave a Gandasa blow on the thumb of the right hand of Balwinder Singh whereas Baldev Singh accused gave a Gandasa blow on the head of Balwinder Singh P.W. Zora Singh accused gave another Kirpan blow on the left arm of Balwinder Singh who fell down on receipt of the said injury and became unconscious. Tara Singh and Paramjit Singh witnessed the entire occurrence and on the alarm raised by them all the three accused ran away from the spot along with their respective weapons. Tara Singh and. Paramjit Singh arranged a tractor-trolley in which they removed Balwinder Singh injured to Primary Health Centre, Koom Kalan where he was medically examined. On receipt of the medico legal report ASI Gurnam Singh went to Primary Health Centre. Koom Kalan. As Balwinder Singh injured was not fit to make statement, the said ASI recorded the Statement of Tara Singh on the basis of which formal First Infonnation Report was subsequently registered at the Police Station under Sections 342/326/324/34 of the Indian Penal Code. After completion of the investigation, all the three accused were challenged under Sections 307/326/324/34 of the Indian Penal Code as the doctor had opined that the head injury of Balwinder Singh could prove dangerous to his life. All the three accused were tried, convicted and sentenced as stated earlier. Aggrieved against the order of conviction and sentence passed against them by the Additional Sessions Judge, Ludhiana, the accused have filed this appeal.

(3.) I have heard the learned counsel for the parties and have carefully perused the record. The accused when examined under Section 313 of the Code of Criminal Procedure pleaded that on the day of occurrence at about 9 or 10 A.M. their father Ganda Singh went to the house of Sadhu Singh Sarpanch in order to borrow Zarib. As he did not return to his house. Zora Singh and Baldev Singh accused went in search of their father. As they reached in front of the house of Tara Singh and Baiwinder Singh they found that their father had been way laid by Balwinder Singh and Paramjit Singh. Balwinder Singh was protesting to Ganda Singh that the latter does not allow his daughter-in-law to visit the house of Balwinder Singh and that he demands dowry from the parents of Sukhwinder Kaur wife of Zora Singh accused. Balwinder Singh had also complained to Ganda Singh that the latter had forgotten the obligations because he had arranged the marriage of his son Zora Singh with a girl. Balwinder Singh had a kassi while his brother Paramjit Singh had a Gandasi. Balwinder Singh gave a Kassi blow on the right shoulder of Ganda Singh and back side. Paramjit Singh gave a Gandasi blow on the right side of the head of Ganda Singh. In order to rescue their father both Zora Singh and Baldev Singh accused acted in exercise of their right of private defence and Zora Singh accused caused injuries with Kirpan to Balwinder Singh P.W. After the occurrence all the three accused went to Police Station, Sahnewal to lodge the report and they were made to sit there. On the next day injuries of Ganda Singh were got medically examined by one Bant Singh, their relation who had come to Police Station, Sahnewal and then false case was registered against them in connivance with the police.