JAGIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY way of this revision petition four petitioners, namely, Jagir Singh, Bachan Singh Harbhajan Singh and Harjinder Singh have challenged their conviction and sentence under various sections. They stand sentenced as under :- Bachan Singh :

(2.) ON the night intervening 13th and 14th January, 1983, the petitioners are alleged to have caused injuries to Ajit Singh PW2, Kulwant Singh PW3 and Raghbir Singh PW5 while variously armed. The injured were medically examined by Dr. N.K. Sharma PW 1 on 14th January, 1983. He found the following injuries on Kulwant Singh :

(3.) THE injuries suffered by Bachan Singh and Amar Singh are obviously of the same duration. It is nobody's case that the injuries suffered by Bachan Singh and Amar Singh were self suffered. No explanation whatsoever has been given by the prosecution about the injuries suffered by Bachan Singh and the prosecution witness in the cross-case, namely, Amar Singh. On the other hand, the petitioners gave a reasonable explanation about the injuries suffered by the prosecution witnesses in the sense that they stated that they caused these injuries in their self-defence. The Court below have mainly been influenced by the fact that the investigating officer took into possession bloodstained earth from the roof of the house of the prosecution witnesses but it remains a fact that the earth was never sent for chemical examination so as to come to a finding as to whether it was human blood. The other factor which weighed with the Courts below was that some photographs of the broken shutters of the chobara was taken. But, again, it may be pertinent to note that no mention of the damage to the shutters was made in the first information lodged by the alleged eye witness.