KHINDER SINGH AND ANR. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KHINDER Singh and Malkiat Singh have filed the present appeal to challenge the conviction and sentence recorded against them by the Additional Sessions Judge, Bathinda.

(2.) THE facts, as brought out in the testimony of the witnesses, are that on 29.6.1989, Mohinder Singh PW2 along with his wife Gurdev Kaur and son Boota Singh was returning to his village after sowing Narma crop. At about 11.00 A.M., when they reached near a Neem tree Khinder Singh armed with a Gandasa and Malkiat Singh armed with a dang came there. Boota Singh had enquired Khinder Singh as to why they had called him Lagara (idiot/rouge) whereupon Khinder Singh gave a Gandasa blow on the head of Boota Singh which had struck on his left cheek. Malkiat Singh had given two dang blows on the left shoulder of Boota Singh whereas Khinder Singh had given another Gandasa blow from its reverse side on the left side of his chest. On a raula being raised by Mohinder Singh and his wife, the accused had run away with their respective weapons. Boota Singh had been removed to Civil Hospital, Mansa, where he was medico -legally examined. The FIR was recorded on the statement of Mohinder Singh and on completion of the investigation, during the course whereof blood stained turban Ex.P1 worn by Boota Singh and his shirt Ex.P2 were taken into possession and the appellants were arrested when they were produced by Atma Singh, Ex -Sarpanch. Gandasa Ex.P3 was taken into possession from Khinder Singh and a challan was put in Court.

(3.) IN order to bring home the charge, the prosecution examined Dr.Nazar Singh PW1, Mohinder Singh PW2, Boota Singh PW3 and SI Gurcharan Singh PW4.