MASTAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This criminal revision is directed against the judgment dated 26.2.1994 rendered by the Court of Shri Nirmal Singh, Judicial Magistrate Ist Class, Kharar, whereby he convicted and sentenced the revision petitioner to undergo simple imprisonment for one year and to pay a fine of Rs.1,000/ -or in default thereof, to further undergo simple imprisonment for three months, as well as the judgment dated 14.2.1996 passed by the Court of Additional Sessions Judge, Rupnagar, vide which he upheld the above mentioned conviction as well as sentence and dismissed the appeal.

(2.) The facts in brief of the prosecution case are that on 25.2.1992, the police party headed by Assistant Sub Inspector Jagtar Singh was present in the area of village Raipur Khurd in connection with the patrol duty. Hargobind Singh complainant made a statement to Jagtar Singh Asstt. Sub Inspector . He stated that he was resident of village Chaomajra, Police Station Sohana and was agriculturist by profession. He was also Sapanch of the village. On 23.2.1992 at about 6.30 P.M. he was present in his house. He heard noise and went out.

(3.) He found that there was noise in front of the house of Gulzar Singh Lamberdar. As a Sarpanch when he went there, he found Mastan Singh, Amrik Singh and Mohinder Singh sons of Pritam Singh and Ranjit Singh alias Billa son of Mohinder Singh Jat, residents of village Chaomajra. They were abusing Gulzar Singh. He told the accused persons that Gulzar Singh was alone and they should not abuse him. Mastan Singh who was armed with Gandasi said that first of all they should see Hargobind Singh and they would see Gulzar Singh lateron. Mastan Singh gave a gandasi blow which hit him on his head. Amrik Singh, hurled a Takua blow on him, but he retraced the steps and, as a result, saved him. He ran back to his house and bolted the door. The accused who were standing outside continued abusing and threatening him to kill. After hearing noise, his brother Harbhajan Singh and Gurmel Singh came to the spot. They made the accused to understand and sent them to their houses. The accused also abused and threatened Gulzar Singh. The motive for committing the crime was that Mastan Singh was an Ex -Sarpanch of the village.