DALIP SINGH Vs. STATE

JUDGEMENT

(1.) Dalip Singh, a young man of 35 and an agriculturist of village Hariau Khurd, was committed to the Court of Session to stand his trial under Section 302 of the Indian Penal Code. The trial was held by Shri Gurbachan Singh, Sessions Judge, Patiala, who acquitted him of the charge under Section 302 of the Indian Penal Code but convicted him under Section 304 Part I of the Indian Penal Code and sentenced him to three years' rigorous imprisonment vide his order dated April 23, 1965. It is against this order that the appellant has come up in appeal to this Court.

(2.) The story for the prosecution briefly runs as under. Dalip Singh appellant had thrashed sarson crop in his filed bearing Killa No. 16, Rectangle No. 11, in the village above-mentioned. On the night between January 31, 1965 and February 1, 1965 at about mid night, when he came to the above filed to make a round to see if all was well, he found two persons stealing his sarson crop and carrying the same away. He raised a lalkara on hearing which one of the thieves went towards the village and the other towards village Hamjhiri. Dalip Singh raised an alarm "thief" "thief" and followed the thief going towards the village Hamjhiri armed with a barchha. The alarm raised attracted Arjan Singh and Kapur Singh P Ws. to the spot who came to the help of Dalip Singh. When the thief reached near the boundary of village Hamjhiri he turned round and attacked Dalip Singh with a gandasa. Dalip Singh warded off the blow on the handle of his barchha and then gave a blow with his weapon in the abdomen of the thief, on receipt of which the thief fell down. He also gave a blow with the blunt side of his weapon on the thief's head. Dalip Singh and Kapur Singh besides Arjan Singh then carried the thief, who happened to be Puran Singh, to the thrashing floor of Dalip Singh. A panchayat was collected and its members informed of this occurrence. Leaving the dead body at the spot in proper charge, Fauja Singh, brother of Dalip Singh, went to the police station in order to lodge the report. He, however, happened to meet Bhagwant Rai, Assistant Sub-Inspector of Police, at Patran and made the statement Exhibit P.H. to him, on the strength of which the case against the appellant was registered. The Assistant Sub-Inspector of Police came to the spot and arrested Dalip Singh appellant and also took into possession barchha P.1 which Dalip Singh had used and the gandasa with which Puran Singh deceased was armed. The police also found some sarson scattered at a distance of sixty karams or so from the threshing floor which was also taken into possession. Dr. Suri who performed the post-mortem examination on the deed body of Puran, found the following injuries :

(3.) When examined under Section 342 of the Code of Criminal Procedure, the appellant denied the allegations against him. He, however, examined Kapur Singh D.W. in his defence at the trial. According to Kapur Singh, he heard the alarm of Dalip Singh on the ill-fated night saying that he had been beaten by the thieves and his sarson had been stolen. According to this witness, he shouted a lalkara in order to inform Dalip Singh that he was coming to help him. He then ran after the thieves and the thieves at that time were following Dalip Singh. From the front side, Arjan Singh also turned up. When they reached near the boundary line of Harian Khurd and Hamjhiri, Arjan Singh gave a lathi blow to one of the thieves; the other thief ran away. Dalip Singh also gave a barchha blow to the thief while he was standing. The thief had also given five or six gandasa blows aimed at Dalip Singh which he received on the lathi portion of his barchha. The thief then fell down.