BHUPINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction and order of sentence dated 12.09.2003. During the pendency of the appeal, appellant Tota Singh has died and appeal qua him stands abated. Appellant Bhupinder Singh was held guilty and convicted for the offences punishable under Sections 325, 323 read with Section 34, Section 324 and 323 of Indian Penal Code (for short IPC). Appellant Bhupinder Singh was sentenced to undergo rigorous imprisonment for a period of one year for the offence punishable under Section 323 read with Section 34 IPC, rigorous imprisonment for a period of one year for the offence punishable under Section 324 IPC and rigorous imprisonment for a period of two years and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for a period of one month for offence punishable under Section 325 read with Section 34 IPC. He was further sentenced to undergo rigorous imprisonment for a period of one year for offence punishable under Section 323 IPC. All the sentences were ordered to run concurrently.

(2.) As per the prosecution allegations, on 03.04.2002 at about 3.30.p.m, complainant Jagdev Singh along with his father Surjan Singh was watering the fields known as Thethawala field by borrowing the water from the tubewell motor of Chira. Jagdev Singh was cutting the out-let of the fields and was looking after the fields. Meanwhile, accused Tota Singh (since deceased) armed with a wooden stick (Soti) and appellant Bhupinder Singh armed with a Gandasa came there. They stopped Surjan Singh and Jagdev Singh from passing the water through their water course. The injured told them that there Khata was joint. If they had any grouse, they should not get the land partitioned. Then, deceased Tota Singh accused opened the assault and gave a Soti blow on the head of Surjan Singh. He further gave three blows on the right arm, left shoulder and thigh of Surjan Singh. Jagdev Singh-complainant started raising alarm. Tota Singh shouted that he should be done to death. At this, appellant Bhupinder Singh gave a Gandasa blow from the sharp side on the head of Jagdev Singh. He fell down on the ground. Bhupinder Singh thereafter, gave Gandasa blows on the right leg, index finger, left arm, left leg and left thigh of Jagdev Singh. Thereafter, they ran away from the spot. On receiving the information, ASI Gurbachan Singh visited civil hospital, Sardulgarh and obtained the copies of MLRs of both the injured. The injured were declared unfit to make the statement on that day. On 04.04.2002, complainant Jagdev Singh and Surjan Singh were declared fit to make the statement. The Investigating Officer recorded the statement of complainant Jagdev Singh Ex.PN and on the basis of which formal FIR Ex.PN/2 was registered. The Investigating Officer took into possession the blood stained shirt worn by complainant Jagdev Singh vide memo Ex.PQ. He inspected the spot and prepared the site plan Ex.PS. He also took into possession spade lying at the spot vide memo Ex.PO. On 05.04.2002, accused Tota Singh was arrested. He produced Soti before the Investigating Officer, which was taken into possession vide memo Ex.PU. On 11.04.2002, appellant Bhupinder Singh was also arrested in this case and the Gandasa was recovered from him, which was taken into possession vide memo Ex.PV/1 after preparing the sketch Ex.PV. On completion of the investigation, the report under Section 173 Code of Criminal Procedure (for short Cr.P.C) was presented in the Court.

(3.) The accused-appellants were charge sheeted for the offences punishable under Sections 307, 325/ 34, 323/ 34, 324 and 323 vide order dated 17.08.2002 to which they pleaded not guilty and claimed trial.