SUKHDEV SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DARSHAN Singh along with his two sons Sukhdev Singh and Baljinder Singh was nominated as accused in case FIR No. 76 dated 29.8.1990 registered at Police Station Dera Baba Nanak under Sections 326, 324, 323 read with Section 34 IPC.

(2.) FIR in the present case was registered on the statement of Sohan Singh son of Nazar Singh. Sohan Singh was admitted in the hospital when Sub Inspector Raghbir Singh reached Civil Hospital, Dhianpur and recorded statement of Sohan Singh. Sohan Singh has stated that on 28.8.1990, Darshan Singh along with his two sons was calling the names of petitioner in front of their house. Sukhdev Singh was said to be armed with Kirpan. Baljinder Singh was said to be armed with dattar and Darshan Singh was said to be armed with a dang. It is further stated that at 7.30 AM in the morning the complainant was passing nearby when Darshan Singh accused raised a lalkara and on his exhortation, Sukhdev Singh gave a kirpan blow which landed on the front side near the knee joint of left leg of Sohan Singh. Baljinder Singh gave a dattar blow, which caused injury on his left shoulder. Darshan Singh gave two dang blows on the back and mouth of Sohan Singh. On the noise raised by Sohan Singh, his wife Parkash Kaur was attracted to the spot and came forward to rescue him. Then Darshan Singh gave two dang blows on the left arm near wrist and on the left shoulder of Parkash Kaur. Harbans Singh and Bawa Singh of the village, who were present, came forward to rescue the injured from the accused. The accused said to have decamped from the spot along with their weapons. The injured were admitted in the hospital where the statement of complainant was recorded.

(3.) PROSECUTION examined injured Sohan Singh as PW.1, Parkash Kaur as PW.2 along with Bawa Singh as PW.3, who was attracted to the spot. Dr. Kishan Chand PW.4 had done the medicolegal examination and PW.5 Inspector Raghbir Singh was Investigating Officer.