CHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHARAN Singh, Sadhu Singh and Bawa Singh were brought to trial before the Judicial Magistrate Ist, Class, Moga, under Sections 326/324/32334, Indian Penal Code and having been found guilty thereof, Charan Singh was substantively convicted under section 326, Indian Penal Code and his co-accused Sadhu Singh and Bawa Singh under Sections 326/34, Indian Penal Code and each of them was sentenced to 6 months rigorous imprisonment and a fine of Rs. 500/-. Sadhu Singh and Charan Singh were also convicted under Section 324 and 323/34, Indian Penal Code and Bawa Singh under Sections 324/34 and 323, Indian Penal Code and they were sentenced to suffer rigorous imprisonment for 3 months each under each count, with the direction that the substantive sentences so awarded to them shall run concurrently. On appeal, the learned Additional Sessions Judge, Faridkot, after elaborately appraising the evidence upheld the convictions and sentences of the petitioners. Feeling aggrieved they have now come up by way of revision.

(2.) THE motive for the crime is stated to be that about 4/5 days prior to the present occurrence, one calf belonging to Bawa Singh accused entered the house of the complainant Nihal Singh and it was turned out by his wife Gurdev Kaur. On that Ranjit Kaur wife of the said accused came to the house of the complainant party and there was an exchange of hot words between the wives of Nihal Singh complainant and Bawa Singh accused. It is said that on the same night. Bawa Singh come in front of the house of the complainant and abused him and threatened to take revenge.

(3.) THE case of the prosecution is supported by Nihal Singh injured, PW 2 and Bindro P.W. 3. The accused pleaded innocence and examined Hakumat Singh in defence. This witness was given up by the prosecution as having been won over by the accused.