NIRMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Nirmal Singh has been convicted under Section 326 of the Indian Penal Code by Shri S.K. Chopra, Additional Sessions Judge, Hoshiarpur, where the case was committed under Section 307/34 of the Indian P9nal Code and sentenced to two years Rigorous Imprisonment and a fine of Rs.1000/- and in default of payment of fine to undergo further Rigorous Imprisonment for a period of three months. He has also been convicted under Section 323 of the Indian Penal Code and sentenced to undergo Riggers Imprisonment for a period of six months. The sentences shall run concurrently. Satnam Singh, his brother, has also been convicted under Section 326 of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for a period of three months and to, jay a fine of Rs.250/- and in default of payment of fine to undergo further Rigorous Imprisonment for a period of one month. He has also been convicted under Section 323 of the Indian Penal Code and required to undergo Rigorous Imprisonment for three months. It has also been ordered that the sentences shall run concurrently. Two other co-accused were acquitted by the trial Court. Aggrieved against this, the present appeal has been attempted.

(2.) Briefly, the story of the prosecution is that on 6.12.1985 at about 7.00 a.m. Puran Singh complainant after starting from his residential house from the abadi and after crossing a small drain reached near the dera of Piara Singh. Nishan Singh accused raised lalkara against Purn Singh Sarpartch and thereafter Nirmal Singh accused, who was armed with a Barchha gave a blow, which hit Puran Singh on his chest and Smnam Singh accused gave a dang blow on the left shoulder of aforesaid Puran Singh. The occurrence was seen by Karnail Singh (P.W. 5), and - Kulwant Singh, the son of Puran Singh, who were working in the nearby field. Thereafter the two accused along with their companions made good their escape and they were noticed by Surat Singh (P.W, 6) and one Pippal Singh, who were also ploughing their fields nearby. With the help of Kalilail Singh and Kulwant Singh, Puran Singh injured was removed and thereafter taken to the Civil Hospital. A Ruqa Exhibit PB was dispatched by the medical officer to the S.H.O. of police Station Dasuya at 12.15 p.m. regarding admission of Puran Singh injured in the hospital. The statement of the injured could be recorded at 7.00 p.m. 7. 12.1985, when he was declared fit 10 make a statement by the medical officer. The motive regarding this occurrence is alleged to be that Puran Singh Sarpanch had been making some complaints regarding Nirmal Singh that he had been causing damage to his fields. P.W. 1 Dr. R.P. Maingi of Civil Hospital, Dasuya, examined Puran Singh son of Kartar Singh, aged 50 years, at 2.15 p.m. on 6.12.1985 and the three injuries found on his person were as under:

(3.) Nirmal Singh accused when examined under Section 313 of the Code of Criminal Procedure in the trial Court had said that cattle of Puran Singh has been damaging his crop near the Dera. He had denied having caused any injury to Puran Singh. The statement of Satnam Singh the coaccused brother is also in tune with that of Nirmal Singh accused. D.W. 1 Dr. Amarjit Singh, Medical Officer of Primary Health Centre, Bham, Batata Sub-Divisions or District Gurdaspur, examined Satnam Singh, aged 25 years, and found four simple injuries indicated by swelling etc.