RACHHPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants were convicted and sentenced by the Additional Sessions Judge, Amritsar vide his judgment and order dated July 5, 1983, as under: Name Offence Sentence Rachhpal Singh 326 IPC R.I. for 1 1/2 years and a fine of Rs. 500/ in default three months R.I.The substantive sentences of the appellants were however ordered to run concurrently. They have challenged their conviction by way of this appeal.

(2.) It is a case of rival version. According to both the versions the occurrence took place on 8-9-1982 at 7 P.M. According to Thakur Singh P.W. he along with his son. Mangal Singh was coming to his house and when they reached near the house of Darshan Singh appellant they found Darshan Singh appellant armed with a dang, his son Jassa Singh armed with a bhauli and his other son Rachhpal Singh armed with gandasi standing there. Darshan Singh appellant exhorted his sons that they should caught hold Thakur Singh and Mangal Singh. Thereupon, Rachhpal Singh appellant gave a, gandasi blow on the left hand of Thakur Singh. Darshan Singh appellant gave a dang blow on his left arm while Jassa Singh appellant gave a bhauli blow from its reverse side hitting on the left thumb of Thakur Singh. Mangal Singh physically intervened to rescue his father Thakur Singh. from the appellant when Rachhpal Singh gave a gandasi blow on his hand, Jassa Singh gave him a bhauli blow on his right cheek while Racbhpal Singh gave another gandasi blow hitting him on his right shoulder.

(3.) The injured were medico-legally examined by Dr. K. S. Sandhu P.W. 3 on 9-9-82 at 1-45 A.M. during the night and found three injuries-on the person of Thakur Singh out of which one was declared grievous and the rest were simple. He also examined Mangal Singh and found three injuries on his person. Injury No. was grievous while the rest were simple in nature.