DEEP SINGH Vs. STATE

JUDGEMENT

(1.) At the trial giving rise to this petition, four persons related to each other as shown in the following pedigree-table were arraigned as accused charged with offences under Sections 323 and 324 read with Sections 34 of Indian Penal Code :

(2.) The prosecution case may be stated thus. On the 24th of November, 1968, at about 8 or 9 A.M. the petitioner and his father started the constructions of a wall over some shamilat land adjoining their house in village Samra with the intention of encroaching upon the same and making it a part of that house. Piara Singh (P.W. 3), Bachan Singh (P.W. 4), Bir Singh (P.W. 5), Puran Singh (P.W. 6), Chain Singh (P.W. 7), Swaran Singh Sarpanch (P.W. 8) and one Dalip Singh went to the place where the accused were constructing the wall and asked them to desist therefrom but the accused refused to comply with the demand. When the party of the Sarpanch insisted that the construction of the wall would not be allowed to continue, the accused attacked them. Didar Singh, Jasbir Singh and Ujagar Singh accused were armed with kulharis and Deep Singh with a kirpan. As a result of the attack, Piara Singh (P.W. 3), Bachan Singh P.W. 4), Bir Singh (P.W. 5) and Puran Singh (P.W. 6) received injuries.

(3.) Nine witnesses were examined at the trial in support of the prosecution case. They included six eye-witnesses, namely, Piara Singh (P.W. 3), Bachan Singh (P.W. 4), Bir Singh (P.W. 5), Puran Singh (P.W. 6), Chain Singh (P.W. 7) and Swaran Singh Sarpanch (P.W. 8), out of whom the two last named as well as Piara Singh (P.W. 3) gave practically the same version of the occurrence as has been set out above but the other three did not support the prosecution and were declared hostile to it.