MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners stand variously sentenced for offences under sections 326, 325, 324 read with section 149 and section 148 of the Indian Penal Code in respect of the injuries said to have been caused by them to Gurdial Singh and his brother Nazir Singh at about 8 a.m. on April 14, 1981.

(2.) The petitioners Malkiat Singh, Santa Singh and Jit Singh are real brothers while Darshan Singh and Ghona alias Nirmal Singh are the sons of Malkiat Singh.

(3.) According to the prosecution, Gurdial Singh and his brother Nazir Singh were cutting fodder in their barsin field when Malkiat Singh armed with a salang, Santa Singh with a soti and the other petitioners with Gandasas, came there. Malkiat Singh raised lalkara and started the assault by giving a blow on the head of Gurdial Singh. Darshan Singh, thereafter, gave a gandasa blow on his left hand and he and Ghona caused other injuries with their gandasa on the person of Gurdial Singh. Nazir Singh raised an alarm and stepped forward to rescue his brother Gurdial Singh. He too was caused injuries by the petitioner Jagjit Singh with his gandasa. Gurdial Singh and Nazir Singh were eventually rescued by their brother Maghar Singh, who happened to come there. The petitioners thereafter went away with their respective weapons.