DESA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE matrix of the facts and evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant appeal and emanating from the record, as claimed by the prosecution, is that on 09.09.1993, complainant -Harbans Singh(PW1) son of Jagat Singh(for brevity "the complainant ") and Sarpanch Sarabjit Singh were present near the Rest House of village Dhangara. His son Narinderjit Singh was carrying green fodder on his 'Bullock -cart'. At about 9.30 AM, as soon as, his cart reached near the house of Balbir Kaur @ Biro, in the meantime, her son appellant -Desa Singh son of Sajjan Singh(for short "the appellant "), having long blade axe(gandasi), accused -Sher Singh @ Shera armed with medium blade axe(Takua), accompanied by their sister Harjinder Kaur, came out of their house, raising 'lalkara'. They came in front of and stopped the Bullock -cart. Thereafter, appellant -Desa Singh inflicted a long blade axe(gandasi) blow, which landed on the front side of the head, whereas accused Sher Singh gave a medium blade axe('takua') blow, which also hit on the head of Narinderjit Singh(PW5). Complainant -Harbans Singh, Sarpanch Sarabjit Singh and Ex -Sarpanch Piara Singh ran towards the place of occurrence and raised raula "Na Maro, Na Maro ". Then accused Harjinder Kaur left the rope of Bullock -cart and went inside her house, whereas Desa Singh and Sher Singh decamped from the spot with their respective weapons. Narinderjit Singh was removed in an injured condition and was admitted in the Civil Hospital, Bilga. The motive alleged was that the land of the complainant -party adjoins the boundary of the village and the cattle of Balbir Kaur used to damage their crops. They lodged protest in this regard and on that account, the accused were stated to have caused injuries to Narinderjit Singh, son of the complainant.

(2.) LEVELLING a variety of allegations and narrating the sequence of events, in all, the prosecution claimed that the appellant and his other co -accused with their common intention, have attempted to commit murder and caused injuries on the head of Narinderjit Singh, with their respective weapons. In the background of these allegations and in the wake of statement(Ex.PA) of complainant -Harbans Singh, the present criminal case was registered against appellant -Desa Singh, main accused Sher Singh and their sister Harjinder Kaur, vide FIR No.113 dated 11.09.1993(Ex.PA/2), on accusation of having committed the offences punishable under Sections 324, 307/34 IPC, by the police of Police Station Nurmahal, in the manner described here -in -above.

(3.) HAVING completed all the codal formalities, appellant -Desa Singh was substantially charge -sheeted for the commission of offence punishable under Section 324 IPC, whereas accused -Harjinder Kaur was charge -sheeted under Sections 324/34 IPC. They were also vicariously charge -sheeted under Sections 307/34 IPC. As, they did not plead guilty and claimed trial, therefore, the case was slated for evidence of the prosecution by the trial Court.