THE STATE OF PUNJAB Vs. HARNEK SINGH

JUDGEMENT

(1.) AFTER obtaining the M.L.R. and ruqa addressed to the police Dasti from Dr. M.L. Narang, Medical Officer, Primary Health Centre, Guru Har Sahai, Ajaib Singh, reported to ASI Kirpal Singh of Police Station, Mamdot within the precincts of Civil Hospital, Ferozepur "I am a resident of village Kohar Singh Wala and do cultivation. Today my brother Naib Singh and I were irrigating the paddy crop field known as Jhangri Wala where an engine has been installed. At about 8.30 A.M I was mending the water course and my brother Naib Singh turning the flow of water or a distance of about of 20/25 Karams from me. The field of Joginder Singh son of Kehar Singh, Jat resident of the village adjoins our fields. Joginder Singh and his son Harnek Singh @ Nek Singh were working in their field. Suddenly Joginder raised a lalkara saying, "Naib Singh, get ready," Hearing the lalkara my attention was diverted towards them. Within my sight Joginder who was holding a Kulkari in his hand started giving blows to my brother Naib Singh with his Kulhari, which hit him on his head towards the left i.e., one from sharp side and two blows from blunt side. My brother fell down and Harnek Singh @ Nek, who was holding a kassi gave a kassi blow to my brother while he was lying fallen which hit him from sharp side on the right side of his head and he gave one more blow which also hit from sharp side on his left foot. Thereafter Joginder Singh gave two Kulhari blows form reverse side to my brother, which hit him on both his legs near the ankles. Joginder Singh and Harnek Singh @ Nek Singh both father and son have caused injuries to my brother Naib Singh by conspiring together because about 7/8 days back from today, Joginder Singh and Harnek Singh were committing theft of water with pipes from canal minor Chawalla. It was our turn of water and we removed their pipe. I took my brother Naib Singh in an injured condition for treatment to Civil Hospital, Guru Har Sahai which is near our village. On receiving the information about it my elder brother Major Singh who is Sanitary Inspector and was on duty for getting insecticide speyed in the village also came after me on a scooter. He got admitted Naib Singh in Guru or Sahai Hospital for treatment, where the doctor gave him first aid and also the medico legal report. After that the doctor stated the condition of my brother serious and referred my brother to Civil Hospital, Feroxepur and also gave me medical ruqa and medical report which I have produced before you."

(2.) ON being charged with the commission of offences under Sections 307/324 of the Indian Penal Code, respectively principal accused in Joginder Singh and Harnek Singh and in respect of charges under Sections 307/4 and 326/34 of the Indian Penal Code, the same two accused in reverse order pleaded not guilty thereto and claimed to be tried. Vide its impugned judgment dated December 1, 1988 learned trial court acquitted Harnek Singh convicted accused Joginder Singh of the commission of offence under section 307 of the Indian Penal Code, and sentenced him to undergo rigorous imprisonment for a period of three years and to pay Rs. 1000/- as fine. In default of payment of fine, the convicted accused was ordered to undergo rigorous imprisonment for a further period of three years and to pay Rs. 1000/- as fine. In default of payment of fine, the convicted accused was ordered to undergo rigorous imprisonment for a further period of three months. The amount of fine on being realised was ordered to be paid to be injured as compensation for the injuries sustained by him at the hands of the accused.

(3.) WE have heard Shri Randhir Singh AAG, Punjab for the appellant State, Shri H.S. Gill, Sr, Advocate with Shri G.S. Gill Advocate for the convicted accused appellant. Shri M.L. Mirchea, Advocate for the complainant in the revision petition and perused the relevant material on record very carefully.