STATE OF PUNJAB Vs. JIT SINGH

JUDGEMENT

(1.) State of Punjab has come up in appeal against the order of acquittal recorded by the Judicial Magistrate I Class, Muktsar, on 3.12. 1982 Jit Singh, Nihal Singh, Makhan Singh and Joginder Singh accused were acquitted of charges framed under sections 336, 324, 324/34, 323, 323/34 of the Indian Penal Code.

(2.) IN the occurrence which took place on 3.3. 1981 at about 6.00 a.m in the fields of village Midha, the four accused aforesaid attacked Angrej Singh. Act that time Jit Singh was alleged to have been armed with a country -made pistol, Nihal Singh was empty handed, Makhan Singh was armed with a Kirpan and Joginder Singh with a stick. Jit Singh accused is alleged to have firmed country -made pistol in the air. He did not cause also did not cause any injury but with the shot firmed. Nihal Singh accused who was empty handed with a Kirpan, two blows were attributed causing injuries to Angrej Singh Likewise two blows were attributed to Joginder Singh accused who was armed with a stick. According to Angrej Singh PW the family dispute relating to the land was settled by compromise at the instance of the Panchayat. The possession was to be delivered subsequently on the Lohri day. The accused persons, however, on the day of the occurrence wanted to take possession of the land. This is the motive suggested for the crime.

(3.) THE prosecution produced medical evidence and ocular evidence of the two eye -witness. PW 1 Dr. Subhash a Batra medically examined Angrej Singh at 7.30 a.m. on 3.5.1981 and found the following three injuries : - 1) An incised wound measuring 7 -1/2 x 1 -1/2 cms. x muscle deep was present in the left hypo condtric and lumbar region, 15 cms. away from the unbilicus and 16cms from the xiphisternum just below the left coastal margin. It was obliquely placed, Slight bleeding was present. Abdominal sounds sluggish Kept under observation and advised X -ray of the abdomen. 2) 3cms x 1/2cm. X bone deep incised wound was present over the antero -medical aspect of the left thumb in the proximal pulp space. It was 1cm away from the proximal crease of the thumb. Bleeding was present. Advised X ray. 3) Abrasion present over the medical aspect of the left upper arm, 4cms. X 3cms, in size, 15cms away from the left shoulder joint. All the injuries were ultimately declared simple. Ocular evidence consists of two witnesses, namely, PW 2 Angrej Singh and PW 3 Gurnam Singh. There was a third witness of the occurrence namely Kaka Singh who was not produced by the prosecution. Kaka Singh is the brother of Jit Singh accused as well as Angrej Singh. The accused denied the prosecution allegations present at the time of the time of the occurrence at the spot. Jit Singh further stated that he had a land dispute with Angrej Singh who wanted to take possession forcibly. He was falsely. He was falsely involved so that in the meantime Angrej Singh and others could take possession. No evidence in defence was produced by the accused.