DARA SINGH AND ANOTHER Vs. THE STATE

JUDGEMENT

(1.) THIS judgment will dispose of Criminal Revisions No. 579 and No. 858 of 1963, which are against the order of Additional Sessions Judge, Ferozepore, dated the 17th of April, 1963. Criminal Revision No. 579 of 1963 is by the convicts against their conviction and sentence, while Criminal Revision No. 858 of 1983 is by the complainant seeking enhancement of the sentence imposed upon the convicts and praying for award of more compensation to him.

(2.) THE two Petitioners in Criminal Revision No. 579 of 1963, Dara Singh and Gurcharan Singh, were sent up for trial under Section 326 read with Section 34, Indian Penal Code. The trial was held by Shri Hari Ram, Magistrate 1st Class, Fazilka, who found the charge proved against both of them, convicted them accordingly and sentenced each of them to rigorous imprisonment for two years and a tine of Rs. 200/ -. In default of payment of fine they were to further undergo rigorous imprisonment for four months. In case the fine was recovered a sum of Rs. 300/ - was to be made over to Sardara Singh injured by way of compensation, vide his order dated the 31st of December, 1982.

(3.) THE facts of this case briefly are as under. Dara Singh Petitioner and Sardara Singh complainant are brothers and have their fields close to each other. In the morning of the 6th of May, 1962 Gurcharan Singh and his father Dara Singh were in possession of canal water and were irrigating their fields. Their turn was to terminate the same morning at 9.26 a. m. At that time Sardara Singh, accompanied by his son, Inder Singh aged 13, approached his brother, Dara Singh, and asked him to hand over the canal water to them. The Petitioners, however, were reluctant to hand over the water and, it is said, assaulted Sardara Singh with the help of spades in their possession. Dara Singh gave the first injury on the head of Sardara Singh and then the rest of the injuries were inflicted by the Petitioners to the victim. The Petitioners then left the spot. Sardara Singh was removed to Fazilka, at a distance of 13 miles from there, in a bullock -cart, where he was examined by Dr. Kuldip Sethi at 12.30 p. m. The doctor immediately informed the police and in response the police arrived in the hospital and recorded the statement of Sardara Singh at 3 p. m. and registered the case against the Petitioners. Nahar Singh and Ajit Singh were also mentioned as eye -witnesses in this case alongwith Inder Singh and Sardara Singh.