DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision petition has been filed against judgment and order dated 7.8.1990 passed by the learned Additional Sessions Judge, Faridkot whereby the conviction of the petitioner for the offence under Sections 326, 324 and 452 of the Indian Penal Code (IPC - for short) recorded by the learned trial Magistrate has been maintained. However, the sentence of imprisonment for the offence under Section 326 IPC has been reduced from one year to nine months. Besides, the sentence of imprisonment for a period of nine months rigorous imprisonment for the offence under Section 452 IPC and six months rigorous imprisonment for the offence under Section 324 IPC have been maintained. Except for the modification in the sentence of imprisonment for the offence under Section 326 IPC, the appeal has been dismissed by the learned Additional Sessions Judge, Faridkot.

(2.) CASE FIR No. 253 dated 7.12.1985 was registered on the statement of Bachittar Singh son of Nand Singh Jat resident of village Daula aged about 55 years. It was stated by the complainant that he was joint cultivation of his land with his brothers Ikattar Singh and Mukand Singh. On the date of occurrence i.e. 7.12.1985 at about 12 midnight, Mukand Singh his brother along with his son Sukhdev Singh and their Siri (a paid agricultural worker) Darshan Singh (petitioner), had gone to irrigate the fields. Suddenly at about 2 a.m. Darshan Singh (petitioner) called Bachittar Singh (complainant) from outside the house saying that Sukhdev Singh (nephew of complainant) has sustained injuries by failing down in the khal (water course) due to its being dismantled. Hearing this, the complainant opened the door upon which, Darshan Singh (petitioner) threatened the complainant saying that he would be taught a lesson for not giving him the money which he (complainant) had agreed to give him (petitioner) for undertaking the treatment of ill effects of pesticides that he had suffered while spraying the same on the narma (cotton) crop. Saying this the petitioner gave a straight gandassa blow from its sharp side on the head of the complainant Bachittar Singh which hit him on the right side, of his head. At this the complainant raised an alarm on which his brother Ikattar Singh, who was sleeping in the adjoining room at once came there after opening the door. Darshan Singh (petitioner) again gave a gandassa blow which hit on the right ear and the head of the complainant. The pointed head of the 'gandassa' also hit the right shoulder of the complainant as a result of which fell down. The brother of the complainant raised a noise of being killed, on which the petitioner again gave a 'gandassa' blow from its reverse side, which hit on the left side of the head of the complainant. At that time, the complainant was wearing a turban. On hearing the noise of the complainant, his brother, Chand Singh while coming out of his house raised a lalkara that he was coming. As a result of which the accused ran away along with his 'gandassa'. After 10-15 minutes, Sukhdev Singh nephew of the complainant come to the house and stated that he had been caused injuries by the petitioner at about 1-1/2 a.m. while irrigating by the fields. Sukhdev Singh and the complainant were brought to the hospital at Gidderbaha in a tractor of Chand Singh. Sukhdev Singh and the complainant were medico legally examined. On the statement of Bachittar Singh, the FIR was registered.

(3.) THE prosecution, in order to prove its case, examined as many as six witnesses and its evidence was closed on 22.8.1988. The statement of the petitioner was recorded in terms of Section 313 of the Code of Criminal Procedure Code (Cr. P.C. - for short) in which he stated that he was innocent and that a false case has been registered against him. In defence, he examined Babu Singh son of Gurdial Singh.