STATE OF PUNJAB Vs. BIR SINGH

JUDGEMENT

(1.) THIS appeal is against judgment dated 29.9.1992 acquitting accused-respondents Bir Singh and his wife Charanjit Kaur of charges under Sections 326/325/324 read with section 34 of the Indian Penal Code, Section.

(2.) BRIEFLY stated, the case of the prosecution against Bir Singh and his wife Charanjit Kaur aforesaid was that on 10.11.1987, at about 5.00 p.m., Balkar Singh was standing in the street in front of his house and so also Bhupinder Singh and Sukhwinder Singh were standing in the street in front of their house. In the meantime, Bir Singh accused-respondent armed with gandasa and in drunken condition came out of his house in the same street and started hurling abuses at Balkar Singh. When Balkar Singh questioned him as to why he is abusing him and entered his house, then Bir Singh accused-respondent gave two blows with gandasa simultaneously from its sharp side on the neck and head of Balkar Singh as a result of which he fell down. Bir Singh gave two more gandasa blows from its sharp side on his head. Balkar Singh raised alarm for his safety. Thereafter, Charanjit Kaur wife of Bir Singh also came out from her house with a stick in her hand and gave blow on the left elbow of Balkar Singh. Bhupinder Singh, who was sitting nearby, tried to intervene. Bir Singh then gave a gandasa blow from its sharp side on the right to of Bhupinder Singh. Sukhwinder Singh raised alarm. Charanjit Kaur and Bir Singh returned to their house with their respective weapons. Bir Singh and his wife had caused injuries to Balkar Singh because 10-12 days earlier Charanjit Kaur had quarrelled with Surinder Kaur wife of Balkar Singh and Balkar Singh had reported the matter of the local panchayat which pacified the parties. After the occurrence, the injured were brought to Dayanand Medical College and Hospital, Ludhiana, for treatment. Next day morning, at about 11.30 a.m., Balkar Singh made statement Exhibit PA regarding the occurrence before Assistant Sub Inspector Nirbhey Singh on the basis of which a case was registered against Bir Singh and his wife Charanjit Kaur.

(3.) BIR Singh accused-respondent took the following plea in his statement under section 313 of the Code of Criminal Procedure which was also taken by Charanjit Kaur accused-respondent :-