GULAB SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE trial Court has not accepted the case of the prosecution and still believing one part of the defence and ignoring the other convicted the appellants under sections 325, 325/149 for causing injuries on the person of Sahib Singh and U/Sections 323 and 323/149, Indian Penal Code, for causing simple injuries on the person of Surjan Singh and similarly under Sections 323 and 323/149, Indian Penal Code, for causing uries injuries the head of Sunder Singh. However, it looks that the trial Court feeling no ground to support its finding of conviction released all the five appellants on probation. When this appeal came up for motion hearing, Punchhi J. issued notice of enhancement, and this appeal and the notice are being disposed of by this judgment.

(2.) SAHIB Singh complainant filed this complaint on 26th April, 1983 against present appellants and three others, namely Karnail Singh, Bagga Singh and Jarnail Singh for their trial under Sections 307, 325, 323 and 148, Indian Penal Code. The complainant in support of his case examined Dr. Balwant Singh P.W. 1, himself as P.W. 2, Smt. Jamna Kaur P.W. 3 and Wazir Singh P.W. 4. The remaining two were formal witnesses. The prosecution story was supported by P.W. 2. P.W. 3 and P.W. 4 and this version is that at about 6 P.M. on 17th March, 1983, Jagir Singh s/o Balwant Singh and his brothers Jarnail Singh and Makhan Singh s/o Gulab Singh by passed the house of the accused by a tractor raising lalkaras and shouting abuses directed at Wazir Singh s/o Gulab Singh. At about 7-30 P.M. Jarnail Singh and Makhan Singh Ss/o Balwant Singh armed with tokies, Karnail Singh, Bagga Singh. Gulab Singh and his sons Makhan Singh and Kashmira Singh, and Makhan Singh s/o Balwant Singh armed with dangs came to the house of Sahib Singh and others and shouted that they would teach them a lesson for spying upon them. Sahib Singh came out and pleaded with Gulab Singh to desist from making an attack. Wazir Singh and Surjan Singh also came out to make a similar request but Gulab Singh and others assaulted them. Jarnail Singh inflicted a toki blow on Surjan Singh's head, Makhan Singh s/o Gulab Singh dealt a dang blow to Surjan Singh, Makhan Singh s/o Balwant Singh dealt a toki blow to Surjan Singh from the blunt side,. Bagga Singh dealt a dang blow to Sunder Singh causing injuries on the left hand. Karnail Singh dealt a dang blow to Wazir Singh hitting him on the face, foot and on the left hand. Kashmira Singh S/o Gulab Singh dealt a dang blow an Sahib Singh's head. Jamna kaur W/o Balwant Singh also came out to plead with the accused appellants. Jagir Singh dealt two toki blows on her head from blunt side Kashmir Singh son or Balwant Singh and Gulab Singh raised lalkaras inciting the remaining accused to hit Sahib Singh and others. The women folk of Sahib Singh's house went to the rooftop from where they and some of their servants pelted brick-bits at the accused. Wazir Singh and Surjan Singh took two logs of wood and wielded them in self-defence. The case was registered and after completion of the investigation, report under Section 173, Criminal Prooedure Code, was submitted and. a complaint was filed against the appellants and three others who were charge-sheeted under offences mentioned above.

(3.) ON the side of the prosecution, Sahib Singh had one laceratedwound, Wazir Singh had five injuries caused by blunt weapon, Jamna Kaur had two lacerated wounds, Sunder Singh also had two lacerated wounds, and Surjan Singh had seven injuries, lacerated wounds and abrasions. The total number : of injuries received on the persons of Sahib Singh, Wazir Singh, Jamna Kaur, Sunder Singh and Surjan Singh was seventeen whereas on the side of the accused appellants Gulab Singh had four injuries, Jarnail Singh had ten injuries Kashmira Singh S/o Balwant Singh had one injury and Kashmira Singh s/o Gulab Singh had 5 injuries besides Jagir Singh who died because of injuries caused. from the prosecution side. There were in all 20 injuries apart from death of Jagir Singh. Even, according to the story of the prosecution given in the complaint, which was filed by Sahib Singh on 26th April, 1983, the injuries on the side of the accused were not satisfactorily explained specially when allegation of injuries on their side attributed to Jagir Singh and Jarnail Singh had not been believed by the trial Court. in such a sitnation. the trial Court committed a mistake in partly believing the version of the accused appellants and partly disbelieving the same. As laid down in Bhagirath v. The State of Madhya Pradesh, 1976 Chandigarh Law Reporter (S.C.) 116,their Lordships of the Supreme Court while observing that when the trial Court recorded conviction by reconstituting a story different from that propounded, by the prosecution the appellant becomes entitled to acquittal, have held as under :