DHARAM SINGH Vs. STATE OF U T CHANDIGARH

JUDGEMENT

(1.) - Petitioner Dharam Singh son of Jiwan Singh has filed this revision petition assailing the judgment dated 10-12-1984 of Additional Sessions Judge, Chandigarh by which his as well as that of his co-accused Karam Singhs conviction was confirmed.

(2.) Briefly stated the case of the prosecution was that Hardial Singh, Amrik Singh and ground to interfere with the same Harbans Singh were put into possession of the land situated within the revenue limits of village Dadu Majra, with regard to which a dispute between them on the one side and petitioner Dharam Singh and his brother Karam Singh on the other side was going on in the month of May, 1978. On 8.7. 1978 that land was being ploughed by them when petitioner Dharam Singh accompanied by Karam Singh, Gurdev Kaur, Harbans Kaur and Budh Kaur attacked them to oust them from the land and caused them injuries. Injured Han dial Singh, Amrik Singh and Harbans Singh were removed to General Hospital in Sector 10, Chandigarh and were medicolegally examined there. Information was communicated to the concerned police by the medical authorities leading to the visit of Sub-Inspector Dharam Singh (PW8) who recorded statement Exhibit PA of injured Hardial Singh on the basis of which present case was registered. Dharam Singh, Karam Singh and certain ladies on their side also received injuries and their plea was that land in question which was sown by them was ploughed by Hardial Singh etc. in their absence and when they were stopped, they caused injuries to them. The finding of the trial Court went in favour of the complainant party resulting into conviction of Dharam Singh and Karam Singh vide judgment dated 21-3-1983. Gurdev Kaur, Harbans Kaur and Budh Kaur, however, were acquitted giving benefit of the doubt, Dharam Singh was sentenced to undergo rigorous imprisonment for two years and fine of Rs. 500/- under section 326 of the Indian Penal Code and Karam Singh was similarly sentenced under section 326 of the Indian Penal Code read with section 34 of the said Code with a direction that the defaulter shall undergo rigorous imprisonment for two months for non-payment of fine. Both of them were also sentenced to undergo rigorous imprisonment for one year each under section 324 of the Indian Penal Code with a direction that the substantive sentences shall run concurrently.

(3.) Both Dharam Singh and Karam Singh preferred appeal against their convictions and sentences and the learned Additional Sessions Judge, Chandigarh, vide his judgment dated 10-12-1984 affirmed their conviction, although taken, various circumstances into consideration, their sentences were reduced to the rising of the Court and a fine of Rs. 1000/- on the first count and rising of the Court with a fine of Rs. 500/- on the second count. It was further directed that in default of payment of his fine on the first count the defaulter shall undergo rigorous imprisonment for six months and that of the second fine to rigorous imprisonment for three months. Against that judgment of the Appellate Court, present revision is directed. It has been filed by petitioner Dharam Singh alone and his brother Karam Singh does not appear to have joined him.