THAKKAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner Thakar Singh stands convicted for an offence under Section 326, Indian Penal Code and sentenced to six months' rigorous imprisonment and a fine of Rs. 500/ - as also for an offence under Section 447, Indian Penal Code and sentenced to three months' rigorous imprisonment there under. Both the sentences of imprisonment were ordered to run concurrently. The other petitioners Kaur Singh and Jagir Singh both stand convicted under Sections 447 and 323, Indian Penal Code but were ordered to be released on probation.

(2.) THE case against the petitioners is that on May 25, 1978 at about 8 a.m. Kaur Singh and Jagir Singh armed with gandasas, Thakar Singh with a spear and their co -accused Tara Singh who was armed with a stick, and Banta Singh with a gun, went to the cattleshed of Gurbakshish Singh and attacked Sukhdev Singh and Sewa Singh with their respective weapons. Gurbakshish Singh was caused a grievous hurt by Thakar Singh with a spear on the index finger of his right hand while Kaur Singh and Jangir Singh caused injuries with the wrong side of the gandasa on the head of Sewa Singh, causing him simple injuries thereby. Tara Singh is said to have given a blow with a stick on the left flank of Sukhdev Singh while Banta Singh stood out side with his gun raising lalkera exhorting his co -accused to cause them injuries. He also to have fired his gun in the air. The injured in this case are thus : -

(3.) GURBAKSHISH Singh, who was examined as PW -3, PW -4 Sewa Singh and PW -5 Sukhdev Singh. The incident is also said to have been witnessed by PW -6 Pritam Singh and one Darbara Singh. The motive of this incident is said to have been a dispute which arose between the parties over the transfer of an official.