NARINDER SINGH Vs. SUKHBIR SINGH

JUDGEMENT

(1.) SUKHBIR Singh (18), Ranjit Singh (35), Kabal Singh (70) and Sewa Singh (45) were tried by the Judicial Magistrate, 1st Class, Dasuya, on a complaint filed by Narinder Singh under Sections 326/324/34 of the Penal Code. By judgment and order dated August 27, 1985. Kanal Singh and Sewa Singh were substantively convicted under Section 324 of the Penal Code and the co-accused Sukhbir Singh and Ranjit Singh were convicted for the said offence with the aid of Section 34 of the Penal Code. Instead of awarding any sentence, the accused were directed to be released on probation for a period of one year on their furnishing bond and surety to the extent of Rs. 2,000/- each. Each of the accused was further directed to pay Rs. 100/- as costs of the proceeding and out of this amount Rs. 200/- were directed to be paid as compensation to the complainant. Aggrieved by the judgment, the complainant Narinder Singh has preferred this appeal for setting aside the acquittal under Section 326 of the Penal Code and for awarding substantive sentence of imprisonment against the accused.

(2.) ACCORDING to the prosecution, the parties belong to village Alharpind and are neighbours. On 1-8-1983 it was raining heavily. At about 4 p. m. the rain water entered the house of the complainant which is at a lower level compared to the street on which it abuts. The complainant started draining out the water into the street with the help of a Kassi. The accused Sukhbir Singh and Ranjit Singh were returning from their fields. They took objection to the discharge of the water in the street. They called the co-accused Kabal Singh and his son. Kabal Singh appeared on the scene with a Gandasi and Sewa Singh with a Kirpan. Sukhbir Singh and Ranjit Singh exhorted the co-accused, upon which Sewa Singh gave a Kirpan blow hitting the right thumb of the complainant. Kabal Singh gave a blow with Gandasi which hit the little finger and the ring finger of the right hand of the complainant. Sukhbir Singh and Ranjit Singh belaboured the complainant with fists and slaps. The complainant raised alarm which attracted his mother Smt. Raghbir Kaur (PW-3) and Pargat Singh who had come to house of the complainant. They rescued the complainant from further assault. The injured was taken to Primary Health Centre, Tanda. He was examined. Later on the matter was also reported to the police vide FIR Exhibit PW 4/a dated August 5, 1983, but the police failed to take any action and accordingly a complaint was filed before the Magistrate on August 16, 1983.

(3.) AT the trial, the complainant examined four witnesses. PW-1 is Dr. Dewan Chand who examined the injured at 7. 15 p. m. on the day of occurrence. PW-2 is Narinder Singh complainant himself. PW-3 is mother of the injured Smt. Raghir Kaur and PW-4 is Constable Sukhwant Singh who proved first information report Exhibit PW4/a.