CHARAT SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) ON 14.6.1977 at about midnight a procession was taken out in village Saidpura in celebration of the Victory of the Congress candidate in the elections to the Legislative Assembly Punjab. Mohinder Singh, Hans Raj, Parma Nand and Dev Raj were members of this procession. Dev Raj had a gandasa in his hand while his three companions named above all had lathis. The petitioner Charat Singh and his wife Man Kaur were sleeping in the compound of their house. When this procession reached near the house of Charat Singh he got up and requested Mohinder Singh and his companions not to make a notice. The instead dragged him and started causing him injuries. Dev Raj is said to have caused him a blow with his gandasi on the forehead while Mohinder Singh, Hans Raj and Parma Nand gave him blows with their lathis. When Man Kaur came forward she too was given a dang blow by Hand Raj on her right hand, Dial Chand and Arjun then came there and rescued the two injured.

(2.) MOHINDER Singh, Hans Raj, Parma Nand and Dev Raj were all sent up for trial with regard to this incident. Mohinder Singh and Hans Raj stand convicted under Section 325 read with Section 34 and Section 325 of the Indian Penal Code in respect of this incident and were than ordered to be released on probation. They were also called upon to pay a sum of Rs. 150/ - each as compensation to the petitioner Charat Singh and his wife Man Kaur for the injuries caused to them. Dev Raj was acquitted on appeal while Perma Nand died during the pendency of the appeal.

(3.) THE prayer in the present petition is for enhancement of the compensation awarded to the two injured Charat Singh and Man Kaur for the injuries received by them in this incident.