STATE OF PUNJAB Vs. NAIB SINGH

JUDGEMENT

(1.) NAIB Singh Respondent was tried and found guilty for an offence under Section 324 of the Indian Penal Code, by the learned Judicial Magistrate 1st Class, Muktsar, vide his judgment dated 17th April, 1974, and was ordered to be released on probation on his entering into a bond in the sum of Rs. 2,000, with one surety in the like amount, for a period of one year, to appear and receive sentence when called upon during the period of such bond and in the mean -time to keep the peace and to be of good behaviour, under Section 4(1) of the Probation of Offenders Act, 1958, (hereinafter referred to as the Act). The State of Punjab has challenged the judgment of the learned Magistrate dated the 17th April, 1974, as it is claimed that the Respondent should have been convicted for an offence under Section 326 of the Indian Penal Code and that the benefit of the provisions of Section 4(1) of the Act has been wrongly given to the Respondent.

(2.) BRIEFLY stated, the prosecution case is that Darshan Singh P.W. took his she buffaloes to Wattu minor, on 22nd April, 1973, at about 10.00 A.M. The buffaloes entered the water of the minor for taking water. Naib Singh Respondent came there with a Gandasa in his hand and asked Darshan Singh P.W. to take his buffaloes out of the minor as their presence in the water caused dimunition of supply of water in the outlet. Darshan Singh P.W. told Naib Singh that he would take out his buffaloes after they had drunk water. On this, the Respondent called bad names to Darshan Singh and gave one Gandasa blow from the sharp -edged side on his head in the middle portion. The occurrence was witnessed by Makhan Singh and Chuhar Singh who reached the spot.

(3.) DR . S. K. Saluja (P.W. 1) medically examined Darshan Singh P.W. on 22nd April, 1973, at 2.10 P.M. and found the following injury on his person: