BALBIR SINGH Vs. SLATE OF PUNJAB

JUDGEMENT

(1.) Facts narrated during trial were that on March 22, 19R3 Jamiat Singh and Didar Singh had gone to village. Jalpot and from there they went to village Ucha Pind along with Karam Singh in connection with auction of land in that village which was already in possession of Jamim Singh. The auction had to be postponed because of the death of Gurdev Singh Ex. - Sarpanch. Jamiat Singh, Didar Singh and Karam Singh were coming back to the village on a tractor. Jamiat Singh was having an amount of Rs. 8,300/- in cash with him. He had made up that amount by taking loan of Rs. 6,000/- from his son-in-law Gurdial Singh and another loan of Rs. 2,000/- from Didar Singh. The rest of the amount was already with him. At about 2 p.m. the aforesaid persons on a tractor reached in front of the Dera of Jamail Singh on the metalled road. Tarlochan Singh, Balbir Singh, Avtar Singh, Gurdial Singh and Joga Singh emerged out of a sugarcane field. At that time Tarlochan Singh was holding rifle, Avtar Singh was armed with double barrel gun. They raised Lalknra that Jamiat Singh should be taught a lesson for opposing them in the election. They fired in the air 10 over-awe Jamiat Singh etc. Karam Singh who was driving the tractor stepped and tried to persuade the accused to let them proceed. Balbir Singh accused, armed with Dalar, Gurdial Singh and Joga Singh accused, holding Dangs, opened the attack. Gurdial Singh gave a Dang blow on the left arm of Jamiat Singh. Joga Singh accused caused hurt on the left arm of Jamim Singh. The accused pulled Jamiat Singh down from the tractor and gave further injuries to him with their respective weapons. Jamiat Singh received a number of injuries on various parts of his body. Didar Singh was also not spared and he received a Datar blow, at the hands of Balbir Singh accused. Accused Balbir Singh relieved Jamiat Singh of the amount of Rs. 8,300/- and a wrist watch. All the accused put Jamiat Singh in the trolley and took him to their Dera. Didar Singh, Karam Singh were also taken to the Dera. Jamiat Singh was given further injuries in the Dera. He was, however, released a little later. Jamiat Singh was taken to Civil Hospital, Adampur. Medico-legal examination of Jamiat Singh and Didar Singh was conducted by Dr. Chetna on the same day. Twenty four injuries were detected on the person of Jamiat Singh whereas Didar Singh had sustained only three injuries. The motive behind the occurrence as put forth by the prosecution is that about one month prior to the occurrence there was election of members of the co-operative Bank in village Kalra. Tarlochan Singh accused contested the election and he was opposed by the Jarniat Singh.

(2.) On being charged with the commission of offences under Sections 326, 324 and 379 of the Indian Penal Code principal accused Balbir Singh, for the commission of offences under Sections 325 and 323 of the Indian Penal Code principal accused Gurdial Singh and for the commission of offence under Section 506 of the Indian Penal Code principal accused Tarlochan Singh and for the commission of offences under Sections 326/34,325/34,324/34,323/34 and 506/ 34 of the Indian Penal Code, the remaining accused besides the principal ones aforesaid, all pleaded Tnot guilty thereto and claimed to be tried. Vide its impugned judgment dated August 22, 1985 learned trial court acquitted accused Avtar Singh and convicted and sentenced the remaining four accused as under: In view of the above observation, accused Balbir Singh is convicted for offence under Section 326 IPC for causing grievous injuries with sharp edged weapons on the person of Didar Singh. Accused Tarlochan Singh, Gurdial Singh and Joga Singh are convicted for the same offence read with Section 34 IPC. Accused Balbir Singh is further convicted for offence U/s. 324 IPC for causing simple injuries on the person of Didar Singh and Jamiat Singh with sharp edged weapons and other accused Tarlochan Singh, Gurdial Singh and Joga Singh are convicted for the same offence read with Section 34 IPC as all the injuries were caused in furtherance of the common intention of all the accused. Accused Gurdial Singh is convicted for offence u/s. 325 IPC for causing grievous hurt on the person of Jamiat Singh with blunt weapons and the other accused Joga Singh Tarlochan Singh and Gurdial Singh are convicted for the same offence read with Section 34 IPC as all the injuries-were caused by the accused Gurdial Singh in furtherance of common intention of all the accused. Accused Gurdial Singh and Joga Singh are convicted for offence u/s. 323 of the Indian Penal Code for causing simple injuries on the persons of Didar Singh and Jamiat Singh and the other accused Tarlochan Singh and Joga Singh and Balbir Singh are convicted for the same offence read with Section 34 IPC as these injuries were caused by Gurdial Singh and Joga Singh in furtherance of common intention of all the accused. Accused Balbir Singh is convicted for offence under Section 379 IPC for taking out the sum of Rs. 8,300/- from the pocket of Jamiat Singh. As this offence was also committed in furtherance of common intention of all the accused, accused Tarlochan Singh, Joga Singh and Gurdial Singh are also convicted for the same read with Section 34 IPC. Accused Balbir Singh is sentenced for offence u/s. 326 IPC to undergo RI for two years and to pay a fine of Rs. 500/-. In default of payment of fine, he shall further undergo RI for Two months. Accused Tarlochan Singh, Gurdial Singh and Joga Singh are sentenced to undergo RI for one year for offence u/s. 326 read with Section 34 IPC and to pay a fine of Rs. 300/- each. In default of payment of fine, they shall further undergo one month R.I. Accused Balbir Singh is further sentenced to undergo one year R.I. for offence under Section 324 IPC and to pay a fine of Rs. 400/-. In default of payment of fine, he shall further undergo two months R.I. and accused Tarlochan Singh, Joga Singh, Gurdial Singh are sentenced to undergo R.I. for six months for offence u/s. 324 read with section 34 IPC and to pay a fine of Rs. 200/- each. In default of payment of fine, they shall further undergo one month RI. Accused Gurdial Singh is sentenced for offence u/s. 325 IPC to undergo RI for 18 months and to pay a fine of Rs. 300/-. In default of payment of fine, the accused shall undergo for 6 weeks. Other accused Tarlochan Singh, Joga Singh and Balbir Singh are sentenced to undergo RI for 9 months and to pay a fine of Rs. 200/each for offence u/s. 325 IPC read with Section 34 IPC. In default of payment of fine the accused shall undergo RI for one month. Accused Gurdial Singh, Joga Singh are further sentenced to undergo RI for one year for offence under Section 323 IPC and accused Tarlochan Singh, Balbir Singh are sentenced to undergo R.I. for 6 months for offence under Section 323 IPC read with Section 34 IPC. Accused Barbir Singh is further sentenced to undergo RI for two years for offence u/s. 379 IPC and other accused Tarlochan Singh, Joga Singh and Gurdial Singh are sentenced to undergo RI for one year for offence u/s. 379 read with Section 34 IPC. All the above sentences shall run concurrently. Out of the amount of fine, if realised, a sum of Rs. 1500/- be paid to injured Jamiat Singh and a sum of Rs. 750/- be paid to Didar Singh injured.

(3.) In Criminal Appeal NO. 49 of 1985 decided on April 15, l986leamed lower Appellate Court acquitted accused Tarlochan Singh but maintained the conviction and sentence recorded by the learned trial court regarding the remaining three accused. All the three convicted accused have jointly filed Cr1. Revision No. 574 of 1986 in this Court.