DALIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Six petitioners, namely, Dalip Singh, Jaimal Singh, Fateh Singh, Baldev Singh, Jeet Singh and Surinder Singh along with Sham Singh, all residents of village Dhurian. District Amritsar, were brought to trial before the Judicial Magistrate 1st Class, Ajnala, under Sec. 148, 326, 324, 323 read with Section 149, Indian Penal Code, for causing grievous and simple injuries to Karam Singh, Maluk Singh, Paramjit Kaur and Ranjit Kaur and the petitioners having been found guilty thereof. were convicted and sentenced to versions terms of imprisonment and fine while Sham Singh was acquitted. On appeal, the learned Sessions Judge, Amritsar, maintained the conviction and sentence of the petitioners. They have now come up in revision.

(2.) About a week prior to the present occurrence somebody threw brick-hats at the house of Karam Singh, P.W, and his wife Kashmir Kaur. Pw tested to Swam Kaur, wife of Sham Singh accused (since acquitted), which resulted in exchange of abuses between them. This incident is stated to be the impelling motive for the accused to commit the crime.

(3.) The prosecution version is that on May 14, 1978, at about 11 a.m. Paramjit Kaur and Ranjit Kaur, P. Ws, were cleaning their haveli. When their father Karam Singh and uncle Maluk Singh, P. Ws., left the haveli and reached near the house of Hazara Singh the accused Sham Singh, Dalip Singh and Baldev Singh armed with lathis; Fateh Singh and Surinder Singh armed with gandasis; laimal Singh with Kirpan and Jeet Singh with a sua reached there and surrounded P. W s. Karam Singh and Malule Singh. Sham Singh raised lalkara urging his co-accused to catch hold of Karam Singh and Maluk Singh and kilt them. Jaimal Singh opened the attack and gave a kirpan blow hitting Karam Singhon hi, left arm followed by Dalip Singh who gave a dang blow in his chest with the remit that the latter fell down. Surinder Singh and Fateh Singh gave gandasi blows on the head of Maluk Singh, followed by Jeet Singh, who gave two sua blows on his mouth and upper lip. Baldev Singh and Dalip Singh gave dang blows on the back and ankle joint of Maluk Singh. When Paramjit Kaur and Ranjit Kaurtried to intervene. Sham Singh gave a dang blow on the head of Param jeet Kaur and Jaimal Singh gave a kirpan blow on the right hand of Ranjit Kaur. Paramjit Kaur also sustained injury on her left finger. The after, all the accused bolted away with their respective weapons. The injured were rushed to the hospital where Dr. Suresh Kumar, P. W. 3, examined Karam Singh, Maluk Singh, Paramjit Kaur and Ranjit Kaur at about 3 p.m. and found the following injuries 90 their person: Karam Singh: 1. An incised wound 4 cm x 1/2 cm on the medial side of the left fore arm 8 cm above the wrist joint. Transversely placed. Underneath bone was fractured. Wound was bleeding while touching. 2. Complaint of pain in right axillary region of the chest. 3. An abrasion 2 cm in diameter on the right knee joint. Maluk Singh: 1. An incised wound 11/2 cm X 1 /2 cm on right temporal region 8 cm above the pinna, 7 cm above the right eye-brow. It was scalp deep and anteroposteriorly placed. It bled on touching. 2. An incised wound 4 cm X 1/4 cm on the vertex of the skull, 2 cm on the right side of the medial plane. The wound was oliquely placed, scalp deep and bled on touch. 3. An penetrating wound 1 cm X 1/2 left angle of the mouth. The wound opened in the buccal cavity. A lacerated wound 3/4 cm X 1/4 cm on the face, 2 cm medial and J cm above the injury No.3 and opened into the buccal cavity. Reddish contusion 1 cm X 2 cm on left lumbar region, transversely extending from the medial plane. Reddish contusion 8 cm X 2 cm in the lumbar region 2 cm above the injury No.5. Reddish contusion 7 cm X 2 cm on the right shoulder. A contusion 2 cm X I cm on the left shoulder joint obliquely placed. Paramjit Kaur: 1. A lacerated wound 3 cm X 1/2 cm over the right parietal region of the skull 14cm from the pinna of right ear and 2 cm from the, medial plane. Wound was extending downward and laterally. Clots of blood were present. Wound was scalp deep. 2. A lacerated wound 1 cm X 1/4 cm on the lateral side of the left little finger 1 cm from the base of the finger: Ranjit Kaur: 1. A lacerated wound 1 cm X 1 /4 cm on the anterolateral side of the right index finger at the base on the palmer side. Clots of blood were present. Wound was skin deep. 2. A diffused swelling on the dorsum of right hand all over the dorsal surface. On receipt of the copies of the medico-legal reports of Karam Singh and Maluk Singh, Assistant Sub-Inspector Tarlochan Singh went to the hospital to record their statements but they were unfit to make statements. Tarlochan Singh then recorded the statement, Exbibit P A. of Paramjit Kaur, on the basis of which formal First Information Report, Exhibit P.A/ 2 was registered at the Police Station Ramdas. The accused were arrested. After necessary investigation, they were challaned and sent up for trial.