SUCHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) OUT of the three injuries allegedly caused by the accused-petitioner sucha Singh (hereinafter referred to as 'the petitioner'), the injury inflicted by him resulted into amputation of the leg of Gurnam singh complainant (hereinafter referred to as 'the complainant' ). Consequently, the alleged occurrence led to the prosecution of the petitioner under Sections 326/323, IPC, as a sequel of which he was held guilty for the aforesaid offences vide judgment dated 15-7-1992 passed by Judicial Magistrate 1st class, Balhinda, and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 1,000/- under Section 326, ipc and rigorous imprisonment for six months and to pay fine of Rs. 500/- under section 323, IPC. Appeal preferred against the said judgment was dismissed vide judgment dated 15-7-1995 passed by the Additional Sessions Judge, Balhinda.

(2.) THE facts necessary for disposal of this revision petition are thai the complainant was the son of Bhola Singh, who was Mahant of Dera Nirmala Sadhu of village Jeon Singh wala. The complainant being son of Bhola singh used to cultivate the land of Dera. Later on, the villagers demolished the dera and included its land in the property of gurudwara. However, the said four killa of land still remained in possession of the complainant.

(3.) ON 2-5-1987, the complainant had the turn of water. At about 6. 00 a. m. when he had gone to irrigate his land, Kartar Singh his son and Raj Rani wife also came there along with tea for him. In the meanwhile, the petitioner armed with gandasa and a spade arrived there and exhorted that since the land became the property of Gurudwara and he having taken the said land from chuhar Singh, President of the Gurudwara was in possession of the same, therefore, the complainant had no right to have the turn of water. The complainant, his son kartar Singh and wife Raj Rani came forward to stop him from claiming his right but the petitioner after placing spade on the ground, inflicted gandasa blow on the outer portion near knee of left leg of the complainant. Again, he inflicted two gandasi blows from blunt side on the same left leg. On raising hue and cry by Kartar Singh and Raj rani, the petitioner fled away. The complainant was shifted to Civil Hospital, Talwandi sabu, where he was medically examined; his statement was recorded by the police; case was registered; investigated and challan was presented against the accused.