JAMBAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated May 30, 1987, passed by the Additional Sessions Judge, Amritsar, by which appellants Jambar Singh and Nishan Singh have been convicted under Sections 325 and 323 read with Section 34, Indian Penal Code, and sentenced as under:

(2.) THE prosecution story, in brief, is that on April 12, 1986, at about 1.00 A.M., Joginder Singh, complainant went to his field and on reaching there, he saw accused Jambar Sjingh armed with a sua and accused Nishan Singh armed with a dang present there. Accused Jambar Sjingh raised a lalkara that he had a huge amount with him and Joginder Singh be taught a leasson for coming to the field. Thereupon, accused Jambar Singh gave him a sua blow from the side of dang which hit him on his right arm while accused Nishan Singh gave him a dang blow on his left arm. Accused Jambar Singh gave another sua blow from the side of dang hitting him on the dorsum of his left hand. Accused Nishan Singh gave a dang blow by pushing the dang on the right side of his chest. On hearing lalkara of accused Jambar Singh, Balkar Singh (PW 3), nephew of Joginder Singh injured, who was cutting fodder near his field, came to the spot and witnessed the occurrence. On seeing Balkar Singh, bith the accused ran away from the spot with their respective weapons. Ajit Singh, brother of injuried Joginder Singh took him to the hospital at Valtoha in a tonga where the doctor was not available. He was then taken to Rural Dispensary, Khemkaran and was got admitted there and medico-legally examined by Dr. Hakam Singh (PW 5), who found the following injuries on his person :

(3.) ON the same day at 2.40 PM, Dr. Hakam Singh (PW 5) examined accused Nishan Singh son of Sulakhan Singh and noted the following injury on his persons: