GURCHARAN SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THE facts of the case are as under :- At about 8.00 A.M. on 13.8.1985, Avtar Singh petitioner was cultivating his land adjoining the land of Darshan Singh complainant. Avtar Singh demolished the common watt of the field during cultivation. Sarwan Singh son of Darshan Singh tried to restrain Avtar Singh from demolishing the same on which there was an exchange of hot words. On the same day, at about 5.00 P.M., Darshan Singh alongwith his sons Sarwan Singh and Sajjan Singh was removing weeds from the paddy crop that accused Gurcharan Singh armed with kirpan, Avtar Singh armed with gandasi, and Bikkar Singh, Fauja Singh and Parkash Singh armed with Dangs came there. After raising lalkaras, accused Gurcharan Singh opened the attack and gave two kirpan blows on the head of Sajjan Singh, whereas Avtar Singh gave a gandasi blow on the head of Swaran Singh. Accused Gurcharan Singh then gave two kirpan blows on the person of Sajjan Singh whereas accused Fauja Singh and Bikkar Singh gave a dang blow each on the head of Darshan Singh. On the receipt of the injuries, the injured fell down on the ground while the accused ran away from the spot. The injured were removed to the Primary Health Centre, Gharyala by one Bachan Singh in a tractor-trolley, where they were medically examined at about 9.00 P.M. The doctor had found as many as ten injuries on the person of Sajjan Singh, out of which injury Nos. 1 & 2 were declared as grievous; six injuries on the person of Sarwan Singh, all being simple in nature, and seven injuries on the person of Darshan Singh, all being simple in nature. On 14.8.1985, on the application of HC Avtar Singh, the doctor declared the injured as unfit to make their statements, and, therefore, their statement could be recorded on the next day, i.e., 15.8.1985. On the completion of the investigation, the accused were charged as under :- All the accused Under Section 148 of the Indian Penal Code. Accused Gurcharan Singh Under Section 326 of the Indian Penal Code. Accused Avtar Singh, Bikkar Singh, Fauja Singh and Parkash Singh Under Section 326 read with Section 149 of the Indian Penal Code. Accused Fauja Singh Under Section 325 of the Indian Penal Code. All the accused except Fauja Singh Under Section 325 read with Section 149 of the Indian Penal Code. Accused Parkash Singh and Bikkar Singh Under Section 323 of the Indian Penal Code. Accused Avtar Singh, Gurcharan Singh and Fauja Singh Under Section 323 read with Section 149 of the Indian Penal Code.

(2.) THE trial court relying primarily on the evidence of the three injured witnesses convicted and sentenced the petitioners and Parkash Singh accused as under :- Accused Gurcharan Singh and Avtar Singh under Section 326 of the Indian Penal Code to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/- each and in default thereof to further undergo rigorous imprisonment for two months. Accused Parkash Singh under Section 326 read under Section 34 of Indian Penal Code to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/- each and in default thereof to further undergo rigorous imprisonment for two months. Accused Parkash Singh under Section 325 of the Indian Penal Code to undergo rigorous imprisonment for one years. Accused Gurcharan Singh and Avtar Singh under Section 325 read with Section 34 of the Indian Penal Code to undergo rigorous imprisonment for one year each.

(3.) IN an appeal taken to the Additional Sessions Judge, Amritsar, accused Parkash Singh was acquitted in toto whereas accused Gurcharan Singh and Avtar Singh were acquitted for the offences punishable under Sections 325/34 and 323/34 IPC only, affirming their conviction and sentence for the offence punishable under Section 325 IPC as awarded by the trial Court. Hence, the present petition has been filed by them.