KAKA SINGH Vs. LEELA SINGH

JUDGEMENT

(1.) At 6.30 P.M. on September 20, 1991, Kaka Singh was returning to his house. When he reached near the house of Darshan Singh, accused Ram Singh, Leela Singh, Sewak Singh, Gurjant Singh and Baiwant Singh duly armed with Gandasis and Soti surrounded him and inflicted injuries on his person. On the victim having raised raula his brother Harnek Singh reached the spot and had received injuries at the hands of the accused. Thereafter, Jagroop Singh, another brother of the victim, came there and received injuries at the hands of the accused. Jagroop Singh raised an alarm whereupon the accused made good their escape along with their respective weapons. The motive is stated to be a long standing enmity. F.I.R. No. 114 dated 23.9.1991, under sections 326/325/323/148/149 I.P.C. was initially recorded in Police Station, Longowal, but later on the offence was converted to 307, IP.C. by the Committing Magistrate. The Additional Sessions Judge, Sangrur, on the basis of the material on record, vide order of May 9, 1992 converted the offence into one under section 326, I.P.C. The complainant Kaka Singh feeling aggrieved has challenged the said order of the learned Additional Sessions Judge by way of this criminal revision before this Court.

(2.) I have heared the counsel for the parties at length, Shri B.S. Giani, learned counsel for the petitioner has vehemently argued that from the attending circumstances it is evident that the five accused persons, who were duly armed with formidable weapons, had surrounded the petitioner and had aimed blows with sharp-edged weapons towards his head which the victim tried to ward off and in that process had suffered grievous injuries; and that the intention to kill was evident and, therefore, the Additional Sessions Judge had gravely erred in converting the offence to section 326, I.P.C. In support of his argument, he has cited at the bar the following judgment:

(3.) I do not find any force in the argument of the learned counsel for the petitioner. From the order passed by the committing Magistrate, it is evident that the following injuries were found on the persons of the victims : -