STATE OF PUNJAB Vs. BHAG SINGH AND ANOTHER

JUDGEMENT

(1.) Bhag Singh son of Nand Singh and his son Tota Singh were booked in a case FIR No. 33 dated 29.4.1990 registered at police station Nathana (District Bathinda) under Sections 326/324/34 Penal Code on the statement of Mukhtiar Singh (PW3) son of Kehar Singh for allegedly causing injuries to him on 21.4.1990 at about 8-00 PM in village Tungwali. As per allegations, both the respondents were allegedly armed with gandasas. They have earned acquittal vide impugned judgment of learned Chief Judicial Magistrate, Bathinda dated 21.12.1992. Aggrieved by the acquittal, the State of Punjab preferred the instant appeal, which was admitted by this Court on 2.8.1993.

(2.) Briefly, the case of the prosecution is that on 21.4.1990 at about 8-00 PM. when Mukhtiar Singh injured (PW3) was coming to his house after easing himself, Bhag Singh and Tota Singh respondents were found standing in front of the door of their house, armed with gandasas. Tota Singh raised a Lalkara that Mukhtiar Singh be not spared. Thereupon Bhag Singh gave a gandasa blow on the left side of the head above the ear of Mukhtiar Singh. Tota Singh also gave a gandasa blow on the head of Mukhtiar Singh, which also hit above the left ear. Consequently Mukhtiar Singh fell down and thereafter Bhag Singh gave another blow, which hit him on his right ear. When Mukhtiar Singh raised an alarm, his real brother Teja Singh (PW4), who was standing on the Kotha (room), exhorted that he was coming at the spot. Upon this, both the assailants fled away from the place of occurrence. Mukhtiar Singh was brought to Civil Hospital Bathinda where medical aid was provided to him.

(3.) The motive projected by the prosecution is that Mukhtiar Singh injured and Tota Singh respondent/accused were jointly doing the business of purchase and sale of she buffalo and a dispute arose between them on account of payment, for which reason Mukhtiar Singh was assaulted. On the statement (Ex.PE) of Mukhtiar Singh, which was initially entered in the daily diary, the case was ultimately registered on 29.4.1990.