PALA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE revision petitioners along with Harnek Singh were tried for offences under Sections 326/325/324/323 read with Section 34 IPC by Judicial Magistrate Ist Class, Samrala, and were held guilty for the offences vide order dated 15-5-1986. They were sentenced to undergo rigorous imprisonment for different periods under different counts and were also fined. They preferred an appeal against the judgment regarding their conviction and sentence. The appeal was partly accepted and Harnek Singh was acquitted. The sentence awarded to the other accused was maintained by Additional Sessions Judge, Ludhiana vide his judgment dated 4th November, 1986. The petitions whose conviction and sentence were maintained in appeal have filed the present revision petition.

(2.) THE brief facts of the case as set up by the prosecution are that on 7th June, 1984 at about 7.00 a.m. Bawa Singh, his wife Suit. Palo and his son Krishna went to their abadi land for tethering cattle. Pala Singh armed with a Gandasi, Harnek and Dheera each armed with Gandali and Chandi armed with a Soti were found present there. Dheera raised a Lalkara that Bawa Singh PW be taught a lesson whereupon Pala Singh stated the attack and gave a Gandasa blow on the left side of the head of Bawa Singh. Chandi gave a soti blow near the left elbow joint of Bawa Singh. Harnek Singh gave a Gandali blow on the head of Smt. Palo and she was also caused another injury on her mouth by a Dang blow given by Chandi. Dheera gave a Gandali below on the head of Krishna and Chandi hit him on his left wrist with his Soti. The alarm raised by the injured attracted Surjit Singh and another Pala Singh nephew of Bawa Singh to the place of occurrence. They took the injured in a tractor trolley to the Civil Hospital, Samrala, where they were medically examined.

(3.) THE contention of the petitioners during trial when examined under Section 313 Cr.P.C. was that they were falsely implicated. In fact the complainant-party had gone to the abadi land as aggressors and they caused injuries to Dheera. He, in order to defend himself, caused some injuries to the complainant-party. Pala Singh, Harnek Singh and Chandi denied their presence at the spot. In defence Pritam Kaur was examined as DW 1.