MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Mohinder Singh and his brothers Jagroop Singh and Karam Singh were tried for the offence under Sections 326,324,323/34 I.P.C. for causing grievous and simple hurt to Sukhdev Singh and his brother Gumam Singh in the area of Village Mehraj. They were found guilty and Mohinder Singh and Jagroop Singh were sentenced to undergo rigorous imprisonment for 1-1/2 years and to pay a fine of Rs. 400/- each for the offence under Section 326 I.P.C. Same Sentence was awarded to Karam Singh for his vicarious liability for this offence. They were also awarded different terms of imprisonment for the rest of the offences. Aggrieved by the judgment recording their conviction rendered by sub Divisional Judicial Magistrate, Phul, the accused preferred an appeal which was dismissed by the learned Additional Sessions Judge, Bhatinda vide his judgment dated May 26, 1986. The present revision petition.has been filed assailing this judgment.

(2.) The case against the accused as registered on the statement of Gum am Singh PW was that he along with his brother Sukhdev Singh and Father Munshi Singh resided in a house constructed in the fields. At a distance of one killa from that house there was the house of the petitioners who were sons of Madan Singh uncle of Gumam Singh PW. On September 22, 1982 at about 4.00 P.M. Gumam Singh and Sukhdev Singh finished cutting green fodder when Gumam Singh noticed Jagroop Singh making a fence with thorny bushes near the common boundary line of water channel. As Gumam Singh etc. had to pass by that side while irrigating their land. Gumam Singh protested and asked Jagroop Singh not to carry on the project, Jagroop Singh persisted in embedding thorny bushes and an altercation took place between the two. In the mean time Mohinder Singh and Karam Singh Brothers of Jagroop Singh armed with Gandasas came there and they handed over a Kirpan to Jagroop Singh, On hearing noise Sukhdev Singh and Munshi Singh too reached the spot, Mohinder Singh gave a Gandasa blow on the right temple of Sukhdev Singh and then Karam Singh hit him on his cheek with his Gandasa Jagroop Singh gave a Kirpan blow on his right arm Sukhdev Singh fell down when all the petitioners caused him more injuries with their respective weapons. The petitioners also assaulted Gurnam Singh. Alarm raised by the injured attracted Gurcharan Singh to the spot and on the intervention of Gurcharan Singh and Munshi Singh the petitioners went away. They too had suffered some injuries at the hands of Gurnam Singh and Sukhdev, Singh which they caused in order to defend themselves. After the occurrence the injured were removed to Civil Hospital, Rampura Phul where they were medically examined by Dr. R.N. Singla, Sukhdev Singh had suffered seven injuries by sharp edged weapons out of which four were grievous. Gurnam Singh sustained four injuries and two of the injuries were grievous.

(3.) The petitioners admitted the occurrence but Karam Singh contended that he was not present at the spot. Mohinder Singh and Jagroop Singh pleaded that they were attacked by Sukhdev Singh and Gurnam Singh and they caused injuries to Sukhdev Singh and Gurnam Singh in the exercise of right of their private defence.