JAGRUP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JAGRUP Singh, Mohinder Singh and Bahadur Singh petitioners (hereinafter referred to also as accused) have been convicted under section 148 of the Indian Penal Code. They have also been convicted under sections 323, 324 and 325 all read with section 149 of the Indian Penal Code. Bahadur Singh and Mohinder Singh have been further convicted under section 326 and Jagrup Singh under section 326 read with section 149 of the Indian Penal Code. They have been awarded various sentences of imprisonment under the above offences. They have also been ordered to pay various amounts of fine in respect of the offences except under section 323 read with section 149 of the Indian Penal Code. It has also been ordered that all the substantive sentences of imprisonment would run concurrently and out of the fine, if realized, Rs. 5000/- be paid to Chand Singh injured. It may be mentioned here that along with the above petitioners, Gurjant Singh and Kochi were also tried and convicted by the learned Judicial Magistrate Ist Class, Mansa. Kochi died while the appeal of all the convicted persons was pending in the Sessions Court. Gurjant Singh was acquitted in appeal.

(2.) THE prosecution story in brief is that on 11th August, 1978 at about 1 P.M. P.W.3 Chand Singh was returning from his fields to his house. When he reached near the Pahi, Jagrup Singh, Mohinder Singh, Bahadur Singh, Gurjant Singh and Kochi emerged from the fields adjoining the pahi. Jagrup Singh, who was armed with a kassia raised a lalkara that Chand Singh be not spared and be killed. Mohinder Singh and Bahadur Singh were armed with one gandasa each while Kochi, a kassia and Gurjant Singh, a gandhala. All those 5 accused belaboured Chand Singh with their respective weapons. On the cries raised by the victim, P.W. 5 Darshan Singh, P.W. 4 Jit Singh and Gurtej Singh came to the spot. The accused ran away with their respective weapons. Those witnesses removed Chand Singh to his house. From there he was taken to Rural Dispensary, Bhikhi. There he was medically examined by P.W. 2 Dr. Om Parkash on the same day i.e. 11th August, 1978 at 4.50 P.M. The said doctor found 3 incised wounds, 7 lacerated wounds and 2 swellings on different parts of the body of the injured. Exhibit PB is the medical certificate prepared by the said doctor. He also sent ruqa Exhibit PB/2 to the Police Station, Bhikhi, intimating the arrival of the injured in the dispensary.

(3.) CHAND Singh was radiologically examined by P.W. 1 Dr. G.K. Sood, on 14th August, 1978. He found the fracture of the second metacarpal bone at its distal end along with fractures of the terminal phalanx of right thumb and proximal phalanx of right index finger, fracture of the right tibia bone near the junction of its lower 1/3rd with upper 2/3rd, fractures of the radius and ulna bones in the upper 1/3rd and lower 1/3rd of the left fore-arm, fractures of the second, third and forth metacarpal bones at their distal ends along with the fractures of the proximal phalanxes of the left index, middle and little fingers and fracture of the tibia and fibula bones in their upper 1/3rd. After necessary investigation the above named 5 accused were charge-sheeted.