BHARPUR SINGH Vs. STATE

JUDGEMENT

(1.) This is a revision petition by Bharpur Singh who is one of six accused tried by a Magistrate at Amritsar on charges under section 148 and 307 read with 149, Indian Penal Code. All the accused were convicted and given concurrent sentences of two year's rigorous imprisonment except Bharpur Singh who was given four years under section 106, Criminal Procedure Code, in a sum of Rs. 1,000 for one year after completing their sentences. The result of their is appeal before the Additional Sessions Judge was the acquittal of the other five accused, Bharpur Singh now being given three years under section 307, Indian Penal Code and still ordered to execute the bond under section 106, Criminal Procedure Code.

(2.) Briefly the prosecution case is that at about 8 a.m. on the 15th of November, 1952 Shamsher Singh complainant was sitting on the wall of the Gurdwara in his village brushing his teeth when the six accused came there armed with various weapons and adopted a threatening attitude towards Shamsher Singh, who tried to run away but was speared in the abdomen by the present petitioner. The accused as a whole withdrew on the arrival of other persons. There was previous enmity between Shamsher Singh and the accused and in fact there had previously been proceedings under section 107, Criminal Procedure Code, between them.

(3.) The accused as a whole denied their guilt and produced some witnesses who stated that no such occurrence took place near the Gurdwara. Evidence of this type rarely carries any weight and in my opinion it was rightly disbelieved in the present case.