STATE OF PUNJAB Vs. BALDEV SINGH

JUDGEMENT

(1.) WHEREAS , State of Punjab has filed Criminal Appeal No. 475-DBA of 1992 against the respondents, Baldev Singh and three others, challenging the order of their acquittal under Sections 307, 326, 324 and 323 read with Section 34 of the Indian Penal Code, passed by learned Additional Sessions Judge, Jalandhar, vide judgment dated March 27, 1992, Bakhtawar Singh, complainant also seeks the same result from Criminal Revision No. 675 of 1992 preferred by him which was ordered to be listed with Criminal Appeal No. 475- DBA of 1992 filed by the State of Punjab. By this order, thus, we shall dispose of both the appeal and revision, mentioned above.

(2.) BRIEF facts of the case reveal that Dilbag Singh and his brother Bakhtawar Singh were injured by Harjinder Singh, Baldev Singh, Swaran Singh and Satnam Singh on September 7, 1987 at 8 a.m. in village Sahlon, which is stated to be seven miles away from Police Station Nawan Sahar. The FIR with regard to this incident was lodged by PW-1 Dilbag Singh on September 7, 1987 at 6.10 p.m. Statement of Dilbag Singh was recorded by ASI Jarnail Singh of Police Station Nawan Sahar, wherein he stated that he was resident of village Sahlon and was pensioner from the Army. He was cultivating his own land. His brother Bakhtawar Singh, who lived separately, was also doing cultivation in the village. His house adjoined the house of Baldev Singh Sarpanch. On the eventful day at about 8 a.m., he was standing at the threshold of his house when he heard a noise. He came out in the street and saw that Baldev Singh Sarpanch, armed with Gandasi, Swaran Singh, armed with Gandasi, Harjinder Singh, armed with Gandasi and Satnam Singh, armed with Gandasi were standing in front of the house of his brother Bakhtawar Singh and were hurling abuses at him. Bakhtawar Singh was making entreaties to them. He stepped forward when Baldev Singh raised lalkara saying "Catch hold of them, do not let them go because they were acquitted in the case previously". Upon that, Swaran Singh gave a Gandasi blow on the head of his brother Bakhtawar Singh, who while making the noise of not to beat him, fell down. He stepped forward to rescue his brother while raising the noise when Satnam Singh gave a Gandasi blow to him which hit him on the front side of fore-head. Baldev Singh gave another Gandasi blow to him which hit him again on his fore-head. Harjinder Singh gave two Gandasi blows from its reverse side to him, one of which hit him on his fore-head and the other on his left shoulder blade, as a result of which he also fell down. On hearing the noise, his brother Bachhittar Singh and Dial Singh son of Ram Kishan, also reached the spot. They also raised an alarm and witnessed the occurrence. The assailants ran away with their respective weapons while hurling abuses and threatening. After making arrangement of conveyance, his brother Bachhittar Singh got him and Bakhtawar Singh admitted in an injured condition in Civil Hospital, Nawan Sahar. The doctor there referred his brother Bakhtawar Singh to Jalandhar for treatment. The cause of quarrel was that previously they were acquitted in a criminal case whereas a case was still going on against them in the Court. It is because of this grudge entertained by the accused that they had inflicted injuries to him as also to his brother Bakhtawar Singh.

(3.) DR . Sat Pal Banga, PW-4 had medically examined Dilbag Singh on September 7, 1987 at 10.35 a.m. and found following injuries on his person :-