RAJ SINGH @ RAJU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RAJ Singh appellant was tried on a charge punishable under Section 307/323/34 of the Indian Penal Code while Sukhjit Singh appellant on a charge punishable under Sections 307/34 and 323 of the Indian Penal Code by the learned Additional Sessions Judge, Ferozepur, vide impugned order dated 20.10.1989 both the appellants were acquitted of the charge under Section 307 and 307/34 I.P.C., but Raj Singh was found guilty of the offense punishable under Section 326 and 323/34 the Indian Penal Code while Sukhit Singh appellant of the offence punishable under Section 326/34 and 323 of the Indian Penal Code. Vide separate order of the even date Raj Singh appellant was awarded four years Rigorous Imprisonment and fine of Rs. 1000/- or in default of payment thereof to undergo further Rigorous Imprisonment for three months for offence under Section 326 of the Indian Penal Code while Sukhjit Singh was awarded 3-1/2 years Rigorous Imprisonment and fine of Rs. 500/- or in default of payment thereof to undergo further Rigorous Imprisonment for two months for offence under Section 326/34 of the Indian Penal Code. Sukhit Singh was also awarded six months Rigorous Imprisonment for offence under Section 323 of the Indian Penal Code while Raj Singh only three months Rigorous Imprisonment for an offence under Section 323/34 of the Indian Penal Code. Both the substantive sentences were, however, ordered to run concurrently. Feeling aggrieved against the above order of conviction and sentence, the appellants have come up in appeal.

(2.) BRIEFLY , the facts giving rise to this appeal are that Parampal Singh injured and the accused reside in village Jawaharwala. The accused used to indulge in sale of illicit liquor despite the objection of Parampal Singh. On 30th August, 1987 at 6.15 P.M., when Parampal Singh returned from his fields to the village, both the accused accosted him. Raj Singh accused was then armed with a 'kirpan' while Sukhjit Singh with a 'takwa'. Sukhjit Singh challenged Parampal Singh that he will be taught a lesson for restraining them to sell liquor. Raj Singh then dealt a 'kirpan' blow which landed on the left shoulder of Parampal Singh. Sukhjit Singh gave a 'takwa' blow from blunt side on the shoulder, Parampal Singh then tried to escape by running away but Raj Singh accused gave 'kirpan' blow on his right leg while Sukhjit Singh gave a 'takwa' blow on the left leg. On the alarm raised by the injured, Gurdev Singh and Jaspal Singh witnesses arrived there and rescued him. Both the accused ran away with their respective weapons. Parampal Singh injured was removed to Civil Hospital. Muktsar for treatment where Doctor Rajinder Kumar Singla examined him at 9.05 P.M., and found four injuries on his person out of which injury No. 1 located on the left shoulder was found grievous as underlying bone was cut. The other injuries were declared simple in nature. This doctor sent intimation Ex. PD to the incharge of Police Station City Muktsar about the arrival of Parampal Singh injured in the hospital. The Muktsar Police in turn sent wireless message to the police of Police Station Guruharsahai of this fact as the incident had taken plea in the area of that Police Station. On receipt of this message MHC Ajmer Singh-PW 5 rushed to the Civil Hospital, Muktsar, after collecting the copy of the Medico Legal Report from police station City Muktsar. He recorded statement Ex. PA of Parampal Singh injured after verifying from the doctor about his fitness to make statement. This statement was concluded at 11.50 A.M. on 31.8.1987 and on its basis formal First Information Report Ex. PA/2 was recorded at Police Station Guruharsahai at 1 P.M. by MHC Jaspal Singh. A case under Section 326/324/323/34 of the Indian Penal Code was registered against the accused. MHC-Ajmer Singh PW-5 inspected the spot and prepared its rough site plan Ex. P.G. in the presence of Gurdev Singh and Jaspal Singh eye-witnesses. He also recorded their statements. He found the accused absconding from their houses and the village. Sub-Inspector-Gurcharan Singh PW-7 then took over the investigation of this case and arrested Sukhjit Singh accused on 18.9.1987. On 21.9.1987 Sukhjit Singh accused got recovered 'takwa' Ex. P2 from his paddy field in pursuance of his disclosure statement Ex. PL. It was taken into possession. Raj Singh accused was arrested by Sub Inspector Harbans Singh PW-8 on 10.8.1987. After obtaining the opinion of Doctor Rajinder Kumar Singla that injury No. 1 on the left shoulder was dangerous to life, the accused were arraigned for trial on such like allegations after completion of the investigation. Before the trial Court in order to prove its above referred case the prosecution examined nine witnesses. Parampal Singh injured PW-1 and Gurdev Singh eye-witness supported the above referred case of the prosecution.

(3.) THE trial Court, however, acquitted the accused of the charge under Section 307 of the Indian Penal Code but believing the prosecution evidence convicted and sentenced them as referred above.