STATE Vs. TEJA SINGH PAKHAR SINGH

JUDGEMENT

(1.) This is an appeal filed by the State against the acquittal by a Special Magistrate at Ambala of the five respondents Teja Singh, his sons Gurnam Singh, Kirpal Singh and Gurmukh Singh, and Arjan Singh who were tried on charges under Sections 148 and 324, 325 and 307 read with 149, Indian Penal Code,

(2.) The prosecution case was that Lachhman Singh P. W. 1, who had been appointed by the Panchayat of Mohri to keep guard over the whole of the fields of the village, found seven buffaloes belonging to Teja Singh accused grazing in the paddy field of Mihan Singh P. W. 3 on the evening of 18-8-1954. He rounded up the cattle and! eet off to take them to Sundar Singh, the Sar-panch of the village followed by Mihan Singh the owner of the land on which the trespass had been committed who happened to be in the vicinity himself. When they had gone for about a mile from the paddy field going towards the village they were confronted by the five accused armed with various weapons. Teja Singh asked Lachhman. Singh where he was taking the buffaloes to - which Lachhman Singh replied that he had found them causing damage to the paddy field of Mihan Singh and that he was taking them for production before the Panchayat. On this Teja Singh shouted to his companions to attack Lachhman Singh who was given a number of injuries by the accused with their various weapons, Mihan Singh also being beaten by some of them when he tried to intervene. In this manner the accused rescued their cattle and took them away after Amar Singh, Ishar Singh and Chokha Singh P. Ws had also reached the spot and rescued the injured men.

(3.) The latter were taken to the Dispensary at Nagal twelve miles away the same night, Lachhman Singh being found to have thirteen inju. ries on various parts of the body including the head, one of his injuries being grievous as his right ulna bone was broken near the wrist. Mihan Singh had three injuries including an incised wound on the head and one of his injuries turned out to be grievous as his 8th left rib was found to be fractured under a bruise on the chest. The matter was reported to the police after they had been called to the Hospital by the doctor.