JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellants along with Manjit Singh were initially sought to be prosecuted for offences under Sections 307/308/326/325/324/323 read with Section 34 IPC. Accordingly, the case was committed to the Court of Session, where, on account of non-appearance of Manjit Singh, warrants of arrest were initially issued and finally, he was declared a proclaimed offender on 23.9.1993. The appellants were, thereafter, charged for offences under Sections 308/326/324/323/34 IPC by Additional Sessions Judge, Kapurthala on 15.9.2004, to which they pleaded not guilty and claimed trial.

(2.) THE case of the prosecution can be summed up as follows : The alleged occurrence had taken place on 12.11.1992 at about 10.00 a.m. in the area of Village Jhal Leiwala, wherein, Jagtar Singh, Mukhtiar Singh and their father Bachan Singh received injuries. Statement (Exhibit PM) of Mukhtiar Singh was recorded by Sub-Inspector Surinder Singh on 13.11.1992 at 7.40 a.m. in Civil Hospital, Sultanpur Lodhi, on the basis of which, formal FIR (Exhibit PM-2) came to be recorded in Police Station, Sultanpur Lodhi on the same day at 8.15 a.m. It was stated by Mukhtiar Singh that he was resident of Village Jhal Leiwala and was an agriculturist by profession. On the previous day at about 10.00 a.m., he along with his brother Jagtar Singh and father Bachan Singh went to his fields to sow wheat crop. When they started sowing the crop, he saw that Manjit Singh accused had sown wheat crop in his fields by ploughing the boundary line. Mukhtiar Singh stopped his tractor and enquired from Manjit Singh as to why he had sown the wheat crop in his fields by ploughing the boundary line. On this, Manjit Singh, accused armed with kirpan, Jarnail Singh and Narinder Singh, accused with a dang each and Balwinder Singh, accused armed with an iron rod came there shouting. Manjit Singh raised an alarm that Mukhtiar Singh be caught hold of and taught a lesson. Saying this, Manjit Singh gave kirpan blows on his right arm, thumb and right leg, Balwinder Singh, accused then wielded his iron rod twice in giving blows to Mukhtiar Singh on his left leg and ankle. As a result of this, Mukhtiar Singh fell down. He was given more injuries on the back of his shoulder.

(3.) THE cause of the quarrel was that the accused persons had sown wheat crop forcibly in the fields of the complainant and when the complainant party tried to stop them, the occurrence ensued.