SARDOOL SINGH Vs. SWARAN SINGH

JUDGEMENT

(1.) The appellant, herein, instituted criminal complaint against the respondents seeking to summon and punish them for commission of offences punishable under Sections 326/324/323/452/34 IPC before the learned Illaqa Magistrate on the allegation that he is a resident of village Allowal and is married with Amarjit Kaur daughter of Assa Singh son of Sunder Singh resident of village Sarli Khurd about 10 years ago. On account of his visit to that village, respondents Nos. 1 to 4 were known to him. He is an agriculturist by occupation. On, 27.01.1997, he went to his in-law's house situated in village Sarli Khurd.

(2.) On reaching in the said house, he became busy in conversation with members of the family of his in-laws. The outer door of the house was open, as corn grinding machine (atta chakki) had been installed by his inlaws, being run by Hardev Singh. At about 7.30 p.m., Swaran Singhrespondent No.1 empty handed, Dalbir Singh-respondent No.2 armed with sword, Kundan Singh-respondent No.3 armed with dang and Jagir Singhrespondent No.4 also armed with dang intruded in the house of his in-laws while hurling invectives upon them in an inebriated condition. Swaran Singh-respondent No.1 raised lalkara that the appellant party be taught a lesson for destroying their crop by their cattle. Thereupon, Dalbir Singhrespondent No.2 gave sword blow to Hardev Singh, which hit on the wrist of his right arm and sequelly latter, fell down on the ground.

(3.) It was further alleged in the complaint that when Hardev Singh was lying on the ground, Kundan Singh-respondent No.3 gave two dang blows on his back. Jagir Singh-respondent No.4 also gave dang blow on the back of Hardev Singh. In order to protect him, Hardev Singh took gandhali from his house and gave blows, thereof, to Dalbir Singhrespondent No.2. Daljit Kaur and Manjit Kaur also gave blows with dangs to the respondents in order to protect them. They also raised alarm of 'Mar Ditta, Mar Ditta'. This occurrence was witnessed by Surinder Kaur, Hardev Singh, Daljit Kaur and Manjit Kaur, apart from the appellant. Thereafter, all the respondents ran away from the spot with their respective weapons.