KARTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE six appellants in this case are (1) Kartar Singh son of Inder Singh, (2) Lashkar Singh, (3) Bawa Singh, (4) Santa Singh, (5) Ajit Singh, all sons of Kishan Singh : and (6) Nazar Singh, son of Kartar Singh . The Additional Sessions Judge, Gurdaspur, convicted all the appellants under sections 325/149, Indian Penal Code. Kartar Singh and Nazar Singh appellants were sentenced to 1-1/2 years Rigorous Imprisonment and a fine of Rs. 200/- each, in default to undergo further Rigorous Imprisonment for two months, each. The remaining appellants were given the benefit of Probation of Offenders Act, 1958, and were directed to furnish personal bonds and surety bonds in the sum of Rs. 2,000/- each, for a period of one year. They were also burdened with Rs. 200/- each to be paid as compensation to Karnail Singh, injured person.

(2.) THE prosecution story in brief, as depicted by Karnail Singh (PW 2), the injured person is that on September, 13, 1982, he had gone to see Senior Superintendent of Police Gurdaspur, and had made an application against the appellants for having given him injuries. He had also apprehended further assault at the hands of the appellants. After the meeting with the Senior Superintendent of Police at about 3/4 p.m., he boarded a bus for Sirihargobindpur. It is stated that Teja Singh (PW 3) and Gulzar Singh (PW 5) also traveled with him in the same bus. All of the them got down from the bus on main road on the point from where the link road led to village Mari Panwan. Karnail Singh PW sat on the carrier of the cycle of Gulzar Singh. When they reached near Angarh Bridge, Karnail Singh PW went ahead towards the village. It is alleged that the six appellants suddenly emerged from a surgarcane field. Kartar Singh gave a dang blow to Karnal Singh on his left flank. Nazar Singh gave him a dang blow on his left ankle. Santa Singh pulled his beard. Ajit Singh pulled his mustaches. Bawa Singh dragged him on the ground by holdings his legs. All the appellants are also said to have given him fist blows. Gulzar Singh and Teja Singh PWs were attrached to the spot and they rescued Karnail Singh PW.

(3.) A perusal of the statement made by Karnail Singh PW at the trial shows that he has destroyed the very root of the prosecution version. This fact would be revealed by the statement made by him in his cross-examination, extract whereof is reproduced below. Reference in this extract is made to his statement Exhibit PB made to police, which forms the basis of the First Information Report in the present case :