STATE OF PUNJAB Vs. HARJINDER SINGH

JUDGEMENT

(1.) THESE two appeals No. 411-DBA of 1989 and 419-SB of 1988 filed by the State of Punjab and by Harjinder Singh respectively, who stands convicted for an offence under section 326 of the Indian Penal Code, are being disposed of by this Judgment on the following facts :-

(2.) ON April 14, 1987, at about 7.30 a.m. Jangir Singh PW2 the first informant alongwith his son Malkiat Singh PW-3, had gone to the Gurdwara to pay obeisance on the occasion of Baisakhi. While they were coming out of the Gurdwara and then wearing shoes, the accused, who was standing near the pillar of the main gate of the Gurdwara armed with a kirpan, came to the spot and gave one Kirpan blow thrustwise on the abdomen of Malkiat Singh, as a result of which, he fell down at a distance of 3/4 Karams. When an alarm was raised by Jangir Singh PW-2, he was also threatened with dire consequences by the accused who also stated that the Malkiat Singh had murdered his father some time earlier and that he had taken his revenge. Saying so, the accused ran away from the spot. Jangir Singh, thereafter, took the injured to his house and then to the Civil Hospital, Moga and on receipt of a wireless message with regard to the arrival of the injured in the hospital, ASI Gurdip Singh PW-7 alongwith other police officials reached the hospital and as Malkiat Singh was found to be unfit to make a statement, the statement Ex.PB/1 of Jangir Singh- PW2 was recorded instead. This statement was forwarded to the Police Station, Bagha Purana, for the registration of a case under Section 307 of the Indian Penal Code etc. The police officials also visited the hospital as also the place of occurrence and took into possession certain other articles from these places. After completion of the investigation, the accused Harjinder Singh was challaned under Section 307 of the Indian Penal Code.

(3.) WHEN examined under Section 313 of the Code of Criminal Procedure, with regard to the incriminating circumstances appearing against him, the accused refuted the charges and pleaded false implication in this case and stated that he had been falsely roped in and that Jangir Singh-PW2 and his son Malkiat Singh-PW-3 had committed the murder of his father and whereas Malkiat Singh and Jangir Singh had been acquitted, another son of Jangir Singh had been convicted in that case and that as he had filed a revision petition in the High Court against the acquittal of the two alleged murderers of his father, they were putting pressure on him not to press the same and that this case was a pressure tactic to make him desist from pursuing that case. The trial Court came to the conclusion that the eye-witnesses Jangir Singh and Malkiat Singh-PW2 and PW3 respectively were trustworthy and that the version of the accused that he had been roped in falsely, could not be believed. However, the trial Court came to the conclusion that the injuries indicated that the offence fell under Section 326 of the Indian Penal Code and not under Section 307 thereof and having so held, sentenced the accused to undergo R.I. for two years and to pay a fine of Rs. 1,000/- and in default thereof, to further undergo R.I. for three months more. Aggrieved by the judgment aforesaid, the State of Punjab, has filed an appeal against the acquittal of the accused under Section 307 of the Indian Penal Code, whereas Harjinder Singh has filed an appeal against his conviction, as already mentioned above.