BALWANT SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present appeal has been filed by Balwant Singh and his son Satnam Singh. Both the appellants were named as accused in a case arising out of FIR No.62 dated 04.05.1996 registered at Police Station Dharmkot under Section 307 IPC. However, vide impugned judgment dated 6 th November, 2000 the Court of Sessions Judge, Ferozepur came to a conclusion that no offence punishable under Section 307 IPC was made out but convicted the appellants for an offence punishable under Section 325 read with Section 34 IPC. Vide a separate order of even date the appellants were sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.5,000/- each, in default of payment of fine to further undergo rigorous imprisonment for six months under Section 325 read with Section 34 IPC. Prosecution case was unfolded in the statement Ex.P13 made by Jaswant Singh PW-3, brother of appellant No.1 Balwant Singh.

(2.) He stated that on 2 nd May, 1996 at about 6.00 p.m. he along with his wife Surinder Kaur and son Sukhjinder Singh, was returning to his house.

(3.) When they reached in front of the house of appellant-Balwant Singh, he armed with a Kassi (spade) and his son Satnam Singh armed with an iron rod came out. Balwant Singh raised a lalkara that complainant Jaswant Singh should be taught a lesson for keeping the daughters of Balwant Singh at his house. Saying so, Balwant Singh gave a Kassi (spade) blow, which hit on the right side of head of complainant Jaswant Singh. Thereafter, blade of the spade fell down on the ground and Balwant Singh gave a blow with its handle hitting the complainant on his chin, right shoulder and right dorsal. Thereafter, Satnam Singh son of Balwant Singh gave blows with iron rod on the right knee, right leg and left thigh of the complainant. Then complainant Jaswant Singh raised a noise of 'Mar Dita Mar Dita'. The accused threatened wife and son of the complainant that in case they stepped ahead, they would also be caused injuries. The entire occurrence was witnessed by wife and son of the complainant. It was further stated that the moment the complainant was lying on the ground he was caused injuries by both the accused on various parts of his body. The cause of grudge stated was that appellant No.1 Balwant Singh was keeping a bad eye on his daughters and therefore they were residing at the complainant's house. Wife of the accused-appellant No.1 had expired about four years ago. Daughters of Balwant Singh had narrated this fact to the complainant and he kept them at his house. On the basis of statement Ex.P13, formal FIR Ex.P13/B was registered.