DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE prosecution case briefly stated is that Balwant Singh accused had taken 3-1/2 kilas of land on mortgage with possession from Karam Singh. For going to that land Balwant Singh had to pass through the other land belonging to Karam Singh. No separate passage was carved out for going to the land taken on mortgage by Balwant Singh from Karam Singh. On 30.11.1985 Karam Singh and his servant, Des Raj were working on their sugarcane crusher, crushing sugarcane near his dera (home stead). It was about 9 A.M., that Darshan Singh son of Mela Singh armed with toki, Joginder Singh, Arjan Singh and Balwant Singh sons of Mela Singh armed with dangs residents of village Bazurgwal came towards the said field on rehri for taking parali (sugarcane husk). They tried to pass their rehri not through that passage but through the sugarcane crop of Karam Singh. Karam Singh objected and asked them not to pass their rehri through his sugarcane crop and that they should follow the regular path, which was close-by. Thereupon, Darshan Singh etc. started abusing Karam Singh. Balwant Singh raised lalkara that Karam Singh be caught hold of and taught a lesson for stopping them from passing the rehri through his sugarcane crop. Arjan Singh and Joginder Singh dealt dang blows which fell on the back of Karam Singh. Balwant Singh dealt dang blow which fell on the chest of Karam Singh. Darshan Singh dealt toki blow which fell on the right lower leg of Karam Singh. Karam Singh fell on the ground. While he was lying fallen, he was given dang blow by Joginder Singh which fell on his left wrist. Arjan Singh gave dang blows which fell on his left upper arm, left thigh. Karam Singh's servant Des Raj stepped forward and tried to intervene and save Karam Singh. He was given dang blow on his head by Balwant Singh. He was given dang blow by Arjan Singh. Dang blow fell below his right eye. Amarjit Kaur wife of Karam Singh who was coming towards the dera to milch the buffallo reached there. Arjan Singh son of Bhagat Singh who was ploughing in the close-by field, also came there. They raised raula. They rescued them from the fury of the assailants. The assailants ran away with their respective weapons. Sukhwinder Singh son of Karam Singh brought Karam Singh and Des Raj in a tractor-trolley to Primary Health Centre, Noshera Majha Singh where they were admitted and medically examined. On 10.12.1985, ASI Lal Singh recorded the statement of Karam Singh on the basis of which case FIR No. 188 dated 10.12.1985 was registered at Police Station Noshera Majha Singh under Sections 324/323/34 IPC. Matter could not be reported to the police earlier as upto 9.12.1985, efforts were being made to bring about compromise by Avtar Singh, Sarpanch of village Lalowal, Balkar Singh s/o Bua Singh of village Chhimba and Puran Singh, Sarpanch of village Buzurgwal. Matter was reported eventually to the police on 10.12.1985 when efforts to bring about compromise had not borne any fruit. At the hands of Karam Singh, etc., Balwant Singh, etc. also received injuries. According to Karam Singh, they caused injuries to Balwant Singh, etc. in self defence. After investigation, Arjan Singh, Balwant Singh, Darshan Singh and Joginder Singh were challaned under Sections 307/326/325/323/34 IPC. Case was committed to the Court of Session by Sh. A.K. Sharma, Judicial Magistrate Ist Class, Gurdaspur vide order dated 31.1.1986. Sh. A.C. Aggarwal, Additional Sessions Judge, Gurdaspur charged Balwant Singh under Section 307 IPC while he charged Arjan Singh, Darshan Singh and Joginder Singh under Sections 307/34 IPC. He charged Darshan Singh under Sections 326/34 IPC. He charged Balwant Singh, Arjan Singh and Joginder Singh under Section 323 IPC, while he charged Darshan Singh under Sections 323/34 IPC. Accused pleaded not guilty to the charge and claimed trial.

(2.) WITH a view to bring home to the accused the charges levelled against them, the prosecution examined HC Paramjit Singh PW.1, Avtar Singh PW.2, Dr. H.S. Bajwa PW.3, Karam Singh PW.4, Des Raj PW.5, Dr. S.S. Bhinder SMO Primary Health Centre, Noshera Majha Singh, PW.6, Babu Ram Patwari, Halqa Sahari PW.7 and ASI Lal Singh, PW.8. Arjan Singh was given up as won over by the accused. Amarjit Kaur, Puran Singh, Balkar Singh, Constable, Ajit Singh, SI, Mohinder Singh were given up as unnecessary.

(3.) AT the conclusion of the trial, Sh. G.S. Savra, Additional Sessions Judge, Gurdaspur held Balwant Singh, Darshan Singh and Joginder Singh liable for their individual acts. He did not hold them liable vicariously on the principle enshrined in Section 34 IPC. He convicted Darshan Singh under Section 326 IPC and sentenced him to undergo RI for 2 years and to pay a fine of Rs. 500/- and in default of payment of fine, to further undergo RI for 6 months. He convicted Balwant Singh under Section 325 IPC and sentenced him to undergo RI for 1 year and 9 months and to pay a fine of Rs. 500/- and in default of payment to undergo further RI for 3 months. He convicted Joginder Singh under Section 323 IPC and instead of sentencing him to any imprisonment at once, he ordered his release on probation of good conduct under Section 4 of the Probation of Offenders Act, 1958. He did not find the charge proved against Arjan Singh as his participation was found to be doubtful, and he accordingly acquitted him. Aggrieved from their conviction and sentence recorded by Sh. G.S. Savra, Additional Sessions Judge, Gurdaspur vide order dated 21.8.1986, Darshan Singh and Balwant Singh have come up in appeal to this Court.