NIHAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SHRI Nihal Singh, his two sons - Shri Ram Singh and Hari Singh - have filed the present criminal appeal and it has been directed against the judgment dated 8.3.1989 passed by the learned Additional Sessions Judge, Sangrur, who convicted the appellants under Sections 307, 325, 324 and 323 read with Section 34 of the Indian Penal Code and sentenced them to various imprisonments as mentioned in the judgment. The highest sentence is of four years under Section 307 Indian Penal Code to Nihal Singh and under Section 307 read with Section 34 I.P.C. to two others. The brief facts of the case are that on 28.6.1986, Mohinder Singh PW, resident of village Khurana was preparing the fields known as Barotianwala for planting paddy. His daughter Bant Kaur had gone to that filed with his meals. It is further alleged that at about 10.00 a.m. Mohinder Singh started ploughing the fields after taking meals. In the meanwhile, Nihal Singh, Ram Singh and Hari Singh came there in a tractor. The tractor was parked at a distance of 1-1/2 killas. At that time Nihal Singh was armed with a Gandasi, Ram Singh was armed with a Takwa and Hari Singh was armed with Soti on which an iron nail on one end was fitted and they all came in the field where Mohinder Singh was ploughing. Nihal Singh raised a Lalkara that Mohinder Singh should be taught a lesson for ploughing the land. Nihal Singh appellant gave a Gandasi blow on the left side of the head of Mohinder Singh. After receiving the injury Mohinder Singh fell down. Nihal Singh also gave another Gandasi blow on the right side of the forehead of Mohinder Singh. Bant Kaur tried to fell on Mohinder Singh but Nihal Singh pushed her by catching her from her long hair. She raised alarm which attracted Chuhar Singh to the spot. The appellants continued giving blows with the reverse side of their respective weapons to Mohinder Singh and thereafter they ran away in the tractor. Bant Kaur and Chuhar Singh lifted Mohinder Singh and took him to Civil Hospital, Sangrur in a tractor-trolley where he was medically examined by Dr. Suresh Kumar. The appellants were arrested.

(2.) AFTER completion of the investigation of the case, the appellants were challaned in the court of Area Magistrate, who supplied the copies of documents to them and committed them to the Court of Session to face the trial.

(3.) IN order to prove the charges the prosecution examined as many as 9 witnesses including Bant Kaur complainant and Mohinder Singh, the injured witness. Independent eye witness Chuhar Singh was not examined.