MAKHAN SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 8.4.2013 passed by learned Additional Sessions Judge, Sangrur vide which he had dismissed an appeal against judgment dated 15.9.2010 passed by Additional Chief Judicial Magistrate, Sangrur, in terms of which he had convicted accused Nanak and Ajay Kumar for an offence under Section 323 IPC and also convicted accused Makhan Singh for the offence under Section 325 IPC, whereas acquitted accused Brahmjit Singh, Jinder Singh, Jagdev Singh, Surjit Singh and Bhola Singh and also acquitted accused Makhan Singh, Nanak Singh and Ajay Kumar for the offences under Sections 148, 341, 506 and 149 IPC. However, accused Makhan Singh, Nanak Chand and Ajay Kumar were released on probation on their furnishing probationary bond in the sum of Rs.10,000/- with one surety each in the like amount, giving undertaking to keep peace and be of good behaviour and to appear before the Court as and when called upon during the next period of one year. Bonds were accordingly furnished.

(2.) The accused-convicts Makhan Singh and others, who are petitioners before this Court prays that the revision be accepted, the impugned judgment of their conviction and order of sentence passed by Additional Chief Judicial Magistrate, Sangrur and judgment in appeal passed by Additional Sessions Judge, Sangrur be set aside and they be acquitted of the charge framed against them.

(3.) Briefly stated, facts of the case as per prosecution story are that FIR was registered on the basis of statement of complainant Ram Dass, which he got recorded with ASI Gurdeep Singh on 8.3.2007, wherein he stated that he is resident of Balad Kothi and is a labourer; that his younger brother Hari Dass used to run a tea shop in the form of a Khokha at Balad crossing along with his other brother Charan Dass; that on 8.3.2007 at about 1:30 p.m., when the complainant along with his brother and father was sitting in front of their tea shop, then Makhan Singh son of Jethu Ram, his brother Brahmjit and Ajay Kumar son of Surinder Kumar gathered there; that Makhan Singh was armed with a cricket bat and he started abusing them by giving bat blow on the head of Lajja Ram; that accused Ajay Kumar gave a danda blow on the left hand of Charan Dass; that complainant raised an alarm, then accused Makhan Singh brought khurchana (scrubber) from their shop and hit the complainant with it finding the target on his right hand; that on hearing noise, mother of the complainant Krishna Devi came to the spot and raised hue and cry; accused Makhan Singh gave scrubber blow on the palm of left hand of his mother; that during the scuffle, opposite party had also received injuries; that injured were taken to Civil Hospital, Bhawanigarh, where they were admitted; that in the meanwhile, Nanak Chand armed with a stick, Jinder Singh, Jagdev Singh and Surjit Singh and Bhola Singh reached in the hospital and gave fist blows and stick blows to Hari Dass brother of the complainant. The motive behind the occurrence is stated to be that there was altercation between the parties with regard to drain water. On the basis of such statement, formal FIR was registered. The matter was investigated. Accused were arrested. After completion of investigation and other formalities, challan against the accused was prepared and filed in the Court of Area Magistrate.