MOHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition has been filed by Mohan, Shera, both sons of Balu Ram and Parbhati son of Sukh Ram challenging judgment dated July 14, 1989 passed by Additional Sessions Judge, Faridkot whereby their appeal against judgment dated February 7, 1987 passed by Sub Divisional Judicial Magistrate, Muktsar was dismissed and their conviction under Sections 326/324/34 Indian Penal Code was maintained.

(2.) THE prosecution version is that on December 22, 1984, Manphool, his son Bhanwar Lal and Boora Ram came to Muktsar in the cattle fair to purchase a buffalo. All the three petitioners were present in that fair. Mohan is stated to have borrowed a sum of Rs. 3,000/- from Manphool about 3 years back and when Bhanwar Lal demanded his money from Mohan, he was infuriated. All the petitioners are stated to be armed with Gandasas. Mohan exhorted his companions to teach a lesson to Bhanwar Lal for insulting them in the cattle fair. Thereupon, all the petitioners gave Gandasa blows to Bhanwar Lal.

(3.) I have heard learned counsel for the parties and with their assistance, have also gone through the record.