STATE OF PUNJAB Vs. MEWA SINGH AND OTHER

JUDGEMENT

(1.) THIS order will dispose of Criminal Appeal No. 681 -DBA -1995 and Criminal Revision No. 911 of 1995.

(2.) THE Criminal appeal has been filed by the State of Punjab against the judgment and order of acquittal passed by Shri H.S. Bhalla, Additional Sessions Judge, Bathinda in Sessions Case No. 19 dated 12.2.1990 R.T. No. 19 of 4.11.1992 decided on 7.7.1995 in case F.I.R. No. 93 dated 21.8.1989 registered under Sections 148/452/302/324/149 I.P.C. in Police Station Sardulgarh.

(3.) THE facts giving rise to this trial as stated by Balwant Singh (complainant) in his statement i.e. F.I.R. Exh.PD/2 recorded by Jagdish Singh, A.S.I. on 21.8.1989 are that he is a resident of village Khiali Chehlanwali. He has three brothers. His house adjoins the house of Balbir Singh. Some space in between these houses has been left for coming to and going from the houses. His one brother is living at Bathinda and the other is at Mehrnra. On 21.8.1989 at about 7 P.M. Balwant Singh and his son were putting fodder to the cattle heads. Balwinder Kaur wife of Balbir Singh was cleaning the utensils in the court -yard. Balbir Singh Sarpanch brother of the complainant was lying on the cot in the court - yard of the house after taking bath. The outer door of the house was open. All of a sudden accused Mewa Singh, Bhola Singh, Amrik Singh son of Jarnail Singh and Teja Singh armed with Gandasas, Jamail Singh with dang, Darshan Singh with Kulhari (axe), Balam Singh with. 12 bore gun and Amrik Singh son of Bogh Singh with gandasa carte raising lalkara. They entered the house of Balbir Singh. Mewa Singh gave a gandasa blows on the head of Balbir Singh. Teja Singh gave a gandasa blow towards Balbir Singh who raised his left hand to ward off the blow and the blow fell on the index finger. Amrik Singh son of Jamail Singh and Bhola Singh gave gandasa blow on the head of Balbir Singh. Accused Jamail Singh, Balam Singh, Darshan Singh and Amrik Singh son of Bogh Singh were shouting and raising their weapons by saying that Balbir Singh be done to death. Balwant Singh, Malkiat Singh and Balwinder Kaur raised hue and cry. The all the accused ran away with their respective weapons. Balbir Singh, injured was brought to Civil Hospital, Mansa by Sukhdev Singh, Hardev Singh sons of Kartar Singh and Gurcharan Singh in tractor -trolley. Malkiat Singh was left at the spot. Jagdish Singh, A.S.I. Incharge of Police Post Jhunir was present at bus stand Jhunir. Balwant Singh met him and made his statement Exh.PD and he thumb marked the same admitting the sane to be correct. A.S.I. Jagdish Singh made his endorsement Exh.PD/1 and sent the same to the Police Station Sardulgarh through C. Gurpal Singh on the basis of which formal F.I.R. Exh.PD/2 was recorded.