SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 3-6-1993 passed by the Additional Sessions Judge. Ferozepur, by which Surjit Singh and Chanan Singh; appellants have been convicted and sentenced as under:

(2.) The substantive sentences awarded to Surjit Singh and Chanan Singh, appellants, were ordered to run concurrently. Co-accused Gurmej Singh Angrej Singh was, however, acquitted.

(3.) This case against the accused was registered on the basis of statement of Mohinder Kaur wife of Amar Singh, resident of village Shah Kharak Singh. Mohinder Kaur and her husband are agriculturist by profession. On 16-2-1990 at about 2 P.M., Mohinder Kaur was collecting dung cakes from her house, which is close to the house of Mohan Singh son of Banta Singh. Mohinder Kaur wife of Bhan Singh also came there to take water from the water pump of Mohinder Kaur wife of Amar Singh. At that time Mohan Singh son of Banta Singh and his son Dilbagh Singh were standing hear the house of Mohinder Kaur complainant. A plastic can of illicit liquor was lying near the electric pole installed in front of the house of Mohan Singh, and it was kept there by Surjit Singh injured. Dilbagh Singh threw the plastic can of illicit liquor on the heap of manure nearby; as a result of which the liquor spilled out. In Singh exhorted his co-accused that as Dilbagh Singh has thrown their illicit liquor, therefore, he should not be allowed to got scot free. Then accused Surjit Singh gave a Kirpan blow which hit on the right flank of Dilbagh Singh, injured; as ,a result whereof he fell down. Mohinder Kaur complainant and Mohtnder Kaur wife of Bhan Singh raised alarm Mar Ditta Mar Ditta. Then, Mohan Singh son of Banta Singh armed with a dang came there and be started giving blows with- it to accused Surjit Singh, where after Surjit Singh ran away with his weapon. In the meantime, accused Chanan Singh gave a Kirpan blow to Dilbagh Singh which hit <FRM>JUDGEMENT_742_CRIMES2_1997Html1.htm</FRM> R.I. for 2 years, fine of Rs. 500/- and in default thereof, to undergo R.I. for three months. him on his left ear. Mohinder Kaur wife of Amar Singh complainant and other Mohinder wife of Bhan Singh intervened to save Dilbagh Singh but accused Chanan Singh gave Kirpan blow which hit on the right side of head of Mohinder Kaur wife of Amar Singh. Accused Angrez Singh (since acquitted) gave a gandasi blow to Mohinder Kaur which hit on the fingers of her left hand. Thereafter, Chanan Singh and Angrez Singh fled away from the spot with their respective weapons. The alleged motive for casting the injuries is that Dilbagh Singh had thrown plastic can of illicit liquor which belonged to accused Surjit Singh and therefore, Surjit Singh and his sons, Chanan Singh and Angrez Singh, had caused injuries on the person of Dilbagh Singh, Mohinder Kaur wife of Amar Singh and Mohinder Kaur wife of Bhan Singh. Mohan Singh took injured persons in a tractor to Civil Hospital, h bleeding was-present. Wound was situated just above the inguinal crease and 3 cm inner to anterior superior iliac spine. The injury was kept under observation. 2. Incised would 6 cm on the upper part of left pinna. The pinna was cut on both sides and the wound extended to mastoid area. There was wound of 2 cm x 0.5 cm left mastoid area. Injury No.1 was kept under observation while injury No.2 was advised for X-ray and both injuries were stated to have been caused by sharp edged weapons. Probable duration of injuries was opined to be within six hours. Ex. PB is the correct carbon copy of the medicolegal report and Ex. PB I 1 is the pictorial diagram showing the seat of injuries. On 19-2-1990, Dr. Vinod Paul Sethi, declared injury No.1 on the person of Dilbagh Singh as dangerous to life, while injury No.2 was declared simple in nature after the receipt of X-ray report. Dr. Vinod. Paul Sethi also conducted the medico-legal examination of Mohinder Kaur wife of Amar Singh resident of Chak Kharak Singh at 3.15 P.M. and found the following injury on her person: 1. Incised wound 4 cm x 1 cm on the inner aspect of middle of right hand. Wound extended to both front and back of right hand. Fresh bleeding was present. X-ray was advised. Probable duration of injury was opined to be within six hours and it was stated to have been caused by sharp edged weapon. After receipt of X-ray report, the said injury was declared to be simple in nature. Dr. Vinod Paul Sethi found the following injuries on the person of Mohinder Kaur wife of Shan Singh: 1. Lacerated wound 2 cm x 1 cm on the front of ring finger of left hand at the level of proximal I.P. Joint. Fresh bleeding was present. 2. Lacerated sound 2 cm x 1 cm on the front of middle finger of left hand at the level of proximal I.P. Joint. Fresh Bleeding was present. Injuries Nos. 1 and 2 were declared simple in nature and probable duration of injuries was opined within six hours. Ex. PF is the correct carbon copy of M.L.R. and Ex PF/1 is the pictorial diagram showing the seats of injuries. The investigations of this case was conducted by A.S.I. Darshan Singh, who on the receipt of medico-legal reports went to Civil Hospital. Ferozepur and he recorded the statement. Ex. PK. of Mohinder Kaur complainant. After recording her statement he submitted applications Ex. PM and Ex. PJ on which the Doctor opined that Dilbagh Singh injured was unfit to make a statement whereas Mohinder Kaur wife of Amar Singh was fit to make statement. Thereafter. AS. Darshan Singh made his endorsement Ex. PK/l on the statement of Mohinder Kaur and sent the same to the police station; on the basis of which formal F.I.R. Ex. PK/2 was recorded by AS.I. Kuldip Singh. The doctor produced one Pajama and one underwear of Dilbagh Singh injured and the same were taken into possession vide recovery memo. Ex. PN A.S.I. Darshan Singh also recorded statement, Ex. PN, of accused Surjit Singh in the hospital and thereafter he visited the place of occurrence, inspected the spot, prepared rough site plan. Ex. P0, lifted blood stained earth and after making it into a sealed parcel took the same into possession vide recovery memo, Ex. PP. He also recorded the statements of the P.Ws. and arrested the accused.