KAPUR SINGH Vs. THE STATE

JUDGEMENT

(1.) KAPUR Singh was committed to the Court of Session to stand his trial under Section 459, I.P.C., for causing grievous hurt to Gajjan Singh of village Nehianwala, while committing lurking house -trespass on the night between 17th and 18th September, 1961. The trial was held by Shri Sewa Singh, Sessions Judge, Bhatinda, who found the charge proved against the accused and vide his order dated 26th February, 1962, convicted him accordingly and sentenced him to five years' rigorous imprisonment. The Appellant feels aggrieved and has come up to this Court in appeal.

(2.) THE story for the prosecution as given by Gajjan Singh P.W.3, briefly stated, is as under. Gajjan Singh on the night between 17th and 18th September, 1961, was sleeping in the courtyard of his house while his wife was sleeping in the verandah and his son Bikkar Singh P.W, on the roof of the house, after having chained the door from inside. At about 2.00 a.m., in the night, Bachan Kaur P. W. awakened her husband Gajjan Singh telling him that there was some noise inside the house. Gajjan Singh got up, opened the door of the room, and with the help of the torchlight, which his wife Bachan Kaur gave to him, saw the Appellant taking out clothes from his box. Gajjan Singh tried to catch hold of the Appellant, but the latter gave a blow with Bhanna P.1 to his adversary which fell on his chest. On receipt of the same, Gajjan Singh fell down. His wife, however, grappled with the Appellant and raised an alarm. Thereupon, Jaswant Singh and Chanan Singh P. Ws. from the neighbourhood and Bikkar Singh P.W., Gajjan Singh's son arrived on the scene and overpowered the Appellant. In doing so, they caused some injuries to him. Soon after that, Chanan Singh Mazhbi, Jangir Singh, Dalip Singh, Bachan Singh and Bhura Singh also turned up there and the P. Ws. above mentioned narrated the entire occurrence to them. They also saw a big hole in the wall caused by the Appellant in the kotha of Gajjan Singh from which the Appellant had entered. These P. Ws. also saw a number of clothes lying scattered on the floor.

(3.) GAJJAN Singh was examined on 18th September, 1961 at 7.30 a.m. by Dr. Puri who found the following injuries on his person: