DARSHAN SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellants Darshan Singh, his father Disha Singh and Kulwant Singh were sentenced to rigorous imprisonment for a period of 7 years along with a fine of Rs.2,000/- each under Section 307/34 IPC. In default of payment of fine, they were to further undergo rigorous imprisonment for a period of one month.

(2.) FIR No. 39 was registered on 23.05.1998 on a complaint made by Gulzar Singh relating to an incident which occurred on 22.05.1998. Gulzar Singh and his son Nirmal Singh were working in their fields at 8:00 PM. Darshan Singh, brother of Gulzar Singh, Darshan's son Disha Singh and Kulwant Singh son of Didar Singh were working in the adjoining fields. Nirmal Singh was blocking holes with a view to water their millet crop. Disha Singh and Kulwant Singh raised Lalkara that Nirmal Singh should be caught and done to death. Gulzar Singh on seeing Darshan Singh walking towards Nirmal Singh armed with a Kahi, told him that they should resolve the dispute in the Panchayat. Not heeding to the request Disha and Kulwant caught hold of Nirmal and threw him on the ground. Darshan Singh gave a Kahi blow on his head from the reverse side. Gulzar Singh raised alarm which attracted Pal Singh and Avtar Singh. The accused fled away. Nirmal Singh was taken to the Primary Health Centre. After first aid, he was referred to Civil Hospital, Ludhiana.

(3.) On completion of investigation, challan was submitted. Charge was framed under Section 307 read with Section 34 IPC. The prosecution had examined Gulzar Singh, Nirmal Singh and Inderjit Singh, Patwari. Dr. Ripple Sethi PW4 had examined the injured. Manoj Kumar, Record Keeper PW5 had brought the record from DMC & Hospital with respect to admission of Nirmal Singh. Dr. Komal Malik PW7 from DM College and Hospital proved the MLR and testified that on the basis of C.T. Scan report submitted by Dr. Shard Babu, he had declared the injury dangerous to life.