STATE OF PUNJAB Vs. HARNAM SINGH

JUDGEMENT

(1.) THE facts giving rise to the present appeal are that on 22.10.1987, at about 2 pm, in village Fatehgarh Tarobri, Sarwan Singh alongwith his mother Maya Bai were going on their tractor through a village street to bring bricks from the brick kiln. They were to take trolley from the farm house of Gurbachan Singh. When they reached near to the house of Kashmir Singh in the village, Harnam Singh, his brother Sona Singh and his son Jagir Singh emerged from the house of Harnam Singh armed with a gandasi each. Harnam Singh raised a lalkara that "Sarwan and his mother may not escape that day." On hearing the impending attack, both Sarwan Singh and his mother Maya Bai came down from the tractor but they were surrounded. Harnam Singh gave a gandasi blow from reverse side on the right knee of Sarwan Singh and Jagir Singh gave gandasi blow from reverse side on the right ankle of Sarwan Singh. Sona Singh gave gandasi blow from reverse side on the right arm of Sarwan Singh. Sona gave another gandasi blow from sharp side on the elbow of left arm of Maya Bai and Jagir Singh gave two injuries with a gandasi to her. Both the injured raised alarm which attracted Hoshiar Singh and other persons and the assailants fled away. The injured were admitted in the Civil Hospital, Fazilka where Dr. Ramesh Gupta, Medical Officer examined Maya Bai and found the following injuries on her person :-

(2.) ON the same day at 4 p.m., Dr. Ramesh Gupta also examined Sarwan Singh and found the following injuries :-

(3.) ON receipt on information from the doctor, ASI Baldev Singh reached the hospital where he recorded statement Ex. PB of injured Sarwan on which he made his endorsement Ex. PB/2 and on the basis of which formal FIR Ex. PB/3 was recorded in the police station. He also prepared site plan Ex. PC at the place of occurrence and arrested Harnam Singh, Jagir Singh and Sona Singh on 26.10.1987 in this case.