SUBA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SUBA Singh, Darshan Singh, Bohar Singh and Virsa Singh, petitioners along with two other accused namely Resham Singh and Makhan Singh were brought to trial before the judicial Magistrate Ist Class Ferozepur, on the charges under Sections 148, 326/325/324/149 IPC Resham Singh and Makhan Singh accused were acquitted of the charges while the aforementioned four petitioners were held guilty under Sections 326, 326/34, 325 and 325/34 of the Indian Penal Code. They were sentenced to various terms of imprisonment and fine under Sections 326, 326/34, 325 and 325/34 of the Indian Penal Code. On appeal, the learned Additional Sessions Judge, Ferozepur, upheld their convictions and sentences. Feeling dissatisfied, they have now come up in revision.

(2.) THE suggested motive for the crime is that on the Lohri day of 1981, Balwinder Singh complainant followed by Rachhpal Singh, P.W. was going to purchase groundnuts from a shop. Suba Singh abused Balwinder Singh and then the latter gave some slaps to the former. Nishan Singh intervened and separated them. The core of the prosecution case is that Balwinder Singh and Rachhpal Singh went to Muktsar to attend the Maghi festival and they returned from there on 20.1.1981 at about 2/3 p.m. At about 7.30 p.m. Balwinder Singh and Rachhpal Singh were talking together outside their house when Jassa Singh and Avtar Singh also came there and joined them. In the meanwhile all the six accused variously armed came there. Suba Singh opened the attack by giving a Kirpan blow to Rachhpal Singh which hit his right index finger followed by Virsa Singh accused who gave a takwa blow on his head. Suba Singh gave a kirpan blow on the left hand of Balwinder Singh and Resham Singh aimed a barchhi blow which hit his right arm -pit. Bohar Singh accused caused injuries to Jassa Singh with his dang on his right hand and when the latter tried to run away. Bohar Singh gave another injury with his dang hitting him on his right leg. In the meanwhile, Jarnail Singh and Kulwant Singh also came there. It is said that Kulwant Singh who was then armed with a small stick caused some injuries to Suba Singh and Virsa Singh accused in self -defence. Darshan Singh accused gave two gandasi blows on the head of Jarnail Singh, Makhan Singh continued raising lalkaras that the complainant party be taught a lesson for causing injuries to Suba Singh accused. Thereafter all the accused bolted away with their respective weapons. Pritam Singh removed all the injured persons to the civil hospital at Ferozepur. It is said that the police did not register the case and hence a complaint was filed. After recording the preliminary evidence, the Magistrate found prima facie a case against the accused accordingly summoned them for the said offences. The complainant besides himself coming into the witness -box, examined Avtar Singh PW 2, Rachhpal Singh, PW -3, Jassa Singh, PW -4, Jarnail Singh, PW -5, Dr. Partap Singh, PW -6 and Dr. S.K. Gupta, Radiologist, PW -7, in support of his case. When examined under Section 313 Cr.P.C., the accused denied the prosecution allegations and pleaded innocence. Virsa Singh accused, however, gave a positive counter version in the following terms : "In fact all the injured including six other persons came armed with deadly weapons to inflict injuries and to cause harm to our property, entered inside our haveli and caused injuries to me and Suba Singh for which cross -complaint is pending in this Court. Bohar Singh and my father inflicted minor injuries on the persons of PWs in our self -defence." Dr. Jaspal Singh was examined in defence.

(3.) DR . Partap Singh, PW -6, medically examined Rachhpal Singh, Jarnail Singh, Balwinder Singh, Kulwant Singh and Jassa Singh on 20.1.1981 at 9.30 p.m. and found the following injuries on their persons : Rachhpal Singh : 1. Incised wound 1 -3/4 x 1 -6" bone cut on the anterior surface of the middle proximal phalanx of the right index finger. The wound is transverse in direction and extends to the medial and lateral surface of the finger. It bled profusely on examination. 2. Incised wound 1 -1/2" x 1/6" x bone deep obliquely transverse in direction on the left side of the head extending from the mid line and 3 -1/2" from the anterior hair line. X -ray was advised. The wound was bleeding on examination. Jarnail Singh : 1. Lacerated wound 1" x 1/4" bone deep on the head on its mid line 3 -1/2" from the anterior hair line. Wound was bleeding. X -ray was advised. 2. Lacerated wound 1/2" x 1/4" skin deep, 1/2" anterior to injury No. 1. The wound was bleeding on examination. Balwinder Singh : 1. Incised wound 3/4" x 1/4" x muscle deep in the space between the forefinger and middle finger of the left hand. Wound was bleeding on examination. 2. Punctured wound 1/4" x 1/6" x 1/2" deep on the right lateral surface of the chest on the posterior wall of axilla. Wound was bleeding on examination. Kulwant Singh : 1. Superficial linear incised wound 1 -1/4" transverse in direction on the palmer surface of right hand. 2. Superficial linear incised wound 1" in length on the tip of left middle finger. Jassa Singh : 1. Reddish contusion with swelling on the dorsal surface of right hand on the base of forefinger and middle finger. X -ray for the injury was advised.