RESHAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RESHAM Singh- appellant was tried and convicted on a charge for offence punishable under section 307 of the Indian Penal Code (for short 'the Code') while his co-accused Swaran Singh was acquitted of the charge under Section 307/34 of the Code by the learned Additional Sessions Judge, Amritsar. The appellant was awarded three years' rigorous imprisonment and fine of Rs. 500/- or in default of payment thereof to further undergo two months' rigorous imprisonment. Feeling aggrieved against his conviction and sentence he has come up in appeal (Criminal Appeal No. 543-SB of 1986). Resham Singh-appellant, in a separate trial, was also found guilty and convicted by the trial Court for an offence punishable under Section 25 of the Arms Act and awarded six months rigorous imprisonment and fine of Rs. 500/- or in default of payment thereof, to further undergo two months' rigorous imprisonment. Feeling aggrieved against his conviction and sentence he has preferred Criminal Appeal No. 544-SB of 1986. Both these appeals shall be disposed of by this order as these involve the appraisal of the evidence of same set of witnesses.

(2.) IN brief, the facts of the prosecution case are that Gian Singh injured had not voted for Piara Singh in the Panchayat Elections despite the persuation of the accused. The accused took it ill and on March 16, 1934, at about 10 p.m. both the accused accosted Gian Singh injured near the house of Resham Singh accused while he was on his way to the Haveli from residential house for tethering cattle. Resham Singh-appellant was then armed with a spear while his co-accused Swarn Singh was empty-handed. On the exhortation of Swaran Singh that Gian Singh be taught a lesson for not voting for Piara Singh, Resham Singh thrust his spear in his right flank. Gian Singh injured raised alarm upon which Dharam Singh and Shabeg Singh were attached to the spot. On the approach of these witnesses, both the accused ran away. Dharam Singh removed Gian Singh injured to Civil Hospital of Village Sur Singh on a tractor-trolley, but the doctor being not available there, the injured was taken to Primary Health Centre, Jhabal, where Dr. Swaran Singh (PW 2) examined him at 2.15 p.m. on March 17, 1984, and found an incised stab wound measuring 2.5 cms x 0.5 cm. on the left side of his chest. The condition of the injured was fair, pulse was 110 per minute and blood-pressure 120/70 m.m.h.g. The injury was kept under observation subject to X-ray examination and operation. The doctor sent intimation (Exhibit P.C./2) to the Incharge of Police Station Bhikhi Wind regarding the arrival of the injured. The injured was referred for treatment to Sri Guru Teg Bahadur Hospital, Amritsar, where Dr. Charanjit Singh, Senior Lecturer (PW 11) operated upon the injured on March 17, 1984. The injured was again operated on March 19, 1984. The injured was subsequently subjected to X-ray examination by Dr. Ashok Dhingra (PW 7). He found hydropheumo thorax in the left lung. On receipt of this X- ray report, the injury was declared dangerous to life by Dr. Sarwan Singh (PW 2).

(3.) THE accused were arrested on April 18, 1984, by Sub-Inspector Mangal Singh (PW 4), when they were produced before him at the Police Post Sur Singh by Gurcharan Singh. On April 24, 1984, Resham Singh accused was interrogated by Assistant Sub-Inspector Bhagwan Dass (PW 6) in the presence of Head Constable Avtar Singh (P.W. 5) and Gian Singh injured. Resham Singh deposed having kept concealed a spear in the thatched roof of his hut vide his statement (Exhibit P.F). Thereafter, he led the police party to the said place and got recovered spear (Exhibit P1). It was taken into possession. A separate case under Section 25 of the Arms Act was registered against the accused Resham Singh.