MADAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal of the instance of Madian Lal ed arises out of the following facts:

(2.) On the night intervening 11/12.8.1985 Karam Singh complainant, brother of the injured, Joginder Singh, after attending to his work in Ludhiana left the factory at about 30 minutes before mid- night on his cycle for his village Mundian Khurd. At about 2 a.m. on 12th August, 1985 he reached the hotel run by Joginder Singh near the Octroi Post Mundian Khurd and found that his brother Joginder Singh and accused Madan Lal were sitting together and taking liquor. The complainant also sat down with them and they all continued with their drinking. After some time the three of them started on foot for their village as the accused Madan Lal was, also residing with his mother's sister Harbans Kaur, Madan Lal was armed with a gandasa at that time. At about 3 a.m. when Joginder Singh and Karam Singh were slightly ahead of Madan Lal the latter started hurling abuses towards Joginder Singh and his brother. They asked the accused to desist from talking in that manner on which the accused gave a gandasa blow on the left side of the head of Joginder Singh and when Karam Singh intervened he also threatened him with dire consequences. He thereafter gave another blow with the gandasa to Joginder Singh on his head, as a result of which he fell down thereafter he was given yet more blows. Out of fear Karam Singh did not utter a word and as a matter of fact that accused tied the arms of Karam Singh behind his back with his turban and made him sit in a pit near the Tahili trees. After threatening Karam Singh the accused went away and it was only thereafter that Karam Singh went to the village and narrated the entire story to Boota Singh and Avtar Singh who all returned to the place of occurrence and removed Joginder Singh first to the Civil Hospital Ludhiana and thereafter to the C.M.C. Hospital Ludhiana. Karam Singh also made his way to lodge the FIR at the Police Post, at the Vardhman Spinning Mills Ludhiana, but on the way be met A.S.I. Nazar Singh, who recorded his statement Ex.PC and on its basis a formal first information report Ex.PC/1 was recorded at 12.15 p.m. at the Focal Point, Police Station Ludhiana for offences punishable under Section 307/342 IPC. The investigation was thereafter set in motion and the A.S.I. proceeded towards the place of the occurrence and completed the formalities. Joginder Singh injured was however first medically examined by Dr. Uggar Singh (PW-1) at 9 a.m. in the Civil Hospital Ludhiana and thereafter in the Christian Medical College, Hospital, at 10.25 a.m. by Dr. N. Santosh Mathew (PW-2). As Joginder Singh was declared to be unfit to make a statement on various dates between 12.8.1985 to 8.9.1985 his statement was ultimately recorded in his village on 10th September, 1985 after his discharge from the hospital a day earlier. After completion of the investigation, the accused was challaned and sent up for trial.

(3.) The prosecution in support of its case examined Dr. Uggar Singh as PW-1; Dr. N. Santosh Mathew as PW-2; Karam Singh the first informant as PW-8 and Boota Singh as PW-9 and Sub-Inspector Nazar Singh as PW-10. The injured Joginder Singh was however unable to speak and he was examined as a witness by sign language.