SUBA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against judgment/order dated March 9, 1992 passed by the Additional Sessions Judge, Ferozepore vide which the appellant has been convicted and sentenced as under :

(2.) THE case of the prosecution is that on 4.4.1990 at about 10.00 P.M. Mal Singh (PW3), along with his brother Swaran Singh (PW4), was taking meals. Someone from outside their house abused their father Harnam Singh calling by name. Mal Singh and his brother Swaran Singh came up of the house and found Suba Singh and Boota Singh present there. Suba Singh appellant had a gandasa while Boota Singh was empty handed. Suba Singh again abused and challenged them to come out of the house. Thereupon, Swaran Singh asked them to restrain from abusing and told them to go their house. In the meantime, his father Harnam Singh and his brother also came there. Boota Singh caught hold of Mal Singh and Suba Singh gave a gandasa blow on the head of Swaran Singh on the left side. Swaran Singh fell down on the ground and raised raula "Mar Ditta Mar Ditta" by his father Harnam Singh and his brother Kaka Singh, on which the accused ran away from the spot with their respective weapon of offence. Swaran Singh was removed to the Civil Hospital, Gurharshahai on the next day i.e. on 5.4.1990 where he was referred to Civil Hospital, Ferozepore and was medico- legally examined on 5.4.1990 at about 9.40 A.M. ASI Kartar Singh recorded the statement of Swaran Singh injured but he was found unfit to make statement on that day. ASI recorded the statement of Mal Singh on 8.4.1990 Exhibit PW3/A on the basis of which FIR Exhibit PW5/C was recorded.

(3.) FROM the persual of the documents relied upon by the prosecution, the appellant was charge-sheeted under Section 307 read with Section 34 of the Indian Penal Code to which he pleaded not guilty and claimed trial.