WACHITTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Nazar Singh-appellant was convicted on the charge for offences punishable under Ss. 324 and 325/34 of the Indian Penal Code for the injuries on the person of Joginder Singh (P.W. 3) while Bachittar Singh, Sucha Singh and Sandhu Singh appellants were found guilty of these offences with the aid of S. 34, Indian Penal Code. The later set of appellants was released on probation by the learned Additional Sessions Judge, Amritsar, for a period of three years besides awarding compensation to the injured to the tune of Rs. 1,500.00 from each of these appellants while Nazar Singh appellant was awarded two years' rigorous imprisonment and fine of Rs. 2,000.00 or in default of payment thereof to undergo further six months' rigorous imprisonment for offence under S. 324, IPC. He was also awarded sentence of one year's rigorous imprisonment and fine of Rs. 1,000.00 or three months' rigorous imprisonment in default of payment thereof for the offence under S. 325/34, Indian Penal Code. Both the substantive sentences were ordered to run concurrently. Out of the total amount of fine and compensation, Rs. 6,000.00 were ordered to be paid as compensation to Joginder Singh-injured and Rs. 1,500.00 to Jagtar Singh-injured. Feeling aggrieved against their convictions and sentences, the appellants have come up in appeal.

(2.) In brief, the facts of the prosecution case are that there was a land dispute between Nazar Singh and Sadhu Singh accused and Mohinder Singh, brother and Gurmej Singh, father of Joginder Singh-injured. Civil litigation was going on between these parties during those days. Joginder Singh (P.W. 3) was enlisted in the Army and had come on leave to his village Padhri Khurd.

(3.) On 25/11/1984, at about 10 a.m. the aforesaid Joginder Singh injured along with Jagtar Singh injured (P.W. 2) had gone to the tubewell and were busy in disconnecting the electric motor when Nazar Singh accused armed with a kulhari along with Bachittar Singh, Sadhu Singh and Sucha Singh carrying dangs arrived there. Nazar Singh accused, after exhorting that Joginder Singh be not allowed to escape, dealt a kulhari blow on his head which resulted in his fall. Nazar Singh then secured the injured from his long head hair. The remaining three accused gave dang blows on the arms, legs and other parts of his body. Jagtar Singh tried to rescue Joginder Singh, but he was given injuries by Sucha Singh and Bachhitar Singh on the left shoulder, right wrist, cheeks and legs. On the alarm raised by these witnesses, Jagir Singh and Kulwant Singh witnesses were attracted to the spot and on their approach the accused fled away from the spot with their respective weapons.