SURAIN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal filed by Surain Singh (aged 44 years) and Puran Singh (40 years) against their conviction under Section 304 Part II, read with Section 34 of the Indian Penal Code and sentence of four years rigorous imprisonment thereunder, passed by the Additional Sessions Judge, Faridkot, vide his judgment dated April 20, 1987.

(2.) MANJIT Kaur, widow of complainant Sukhdev Singh, resident of village Kapura, tehsil Moga, district Faridkot, has filed Criminal Revision against the aforesaid judgment, praying for enhancement of sentence passed against the appellants, Surain Singh and Puran Singh, as also for compensation to be awarded to the legal heirs of deceased Sukhdev Singh.

(3.) ON August 26, 1986, at about 11-00 a.m., Sukhdev Singh complainant (since deceased), was going to his fields. Gurdial Singh (PW7) and Harbans Singh (PW8) were also accompanying him on bicycles, but they were slightly behind him. Sukhdev Singh was surrounded by the appellants, Surain Singh, who was armed with a toki, and Puran Singh, armed with a dang, and Raj Singh (since acquitted), who was armed with a gandasi, who were sitting on a tractor, near the field of Harbans Singh (PW 8). The appellants and their co-accused Raj Singh got down from the tractor. Puran Singh raised a lalkara that Sukhdev Singh be taught a lesson for inflicting injuries to one Jagga. It is alleged that, thereafter, all the three accused, i.e. Surain Singh, Puran Singh and Raj Singh assaulted Sukhdev Singh with their respective weapons and inflicted injuries on the person of Sukhdev Singh. Raj Singh gave gandasi blows on the right arm and right leg, while Surain Singh gave a blow from the reverse side of toki on the right hand and another blow with toki was given on the right arm of Sukhdev Singh. Puran Singh gave dang blows on the left leg and left arm. The injured Sukhdev Singh raised an alarm, 'Mar Ditta ! Mar Ditta !' Thereupon, appellant Surain Singh gave a toki blow on his right ankle, Raj Singh gave gandhali blow on his legs and Puran Singh gave 2/3 dang blows to Sukhdev Singh. This occurrence was witnessed by Gurdial Singh (PW 7) and Harbans Singh (PW 8), who raised an alarm. The accused persons, thereafter, made good their escape from the place of occurrence with their respective weapons on the said tractor. Harbans Singh went to the house of Sukhdev Singh, informed his father Jita Singh, who accompanied him to the place of occurrence. Sukhdev Singh was then taken to the Civil Hospital by his father Jita Singh. At the Civil Hospital, Dr. S.P. Bansal (PW 2) examined him. Dr. Bansal found the following injuries on the person of Sukhdev Singh :-