MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE prosecution case in brief is that on 14.5.90, Bikar Singh along with his brother Gurcharan Singh had gone to his fields for irrigating. At about 3 PM, Bikar Singh brought water from the outlet near the field of Mohinder Singh son of Bala Singh of his village Beer Khurd. At about 6/6.30 PM, Bikar Singh was standing near the tubewell when his brother Gurcharan Singh was irrigating the field at a distance of 20-25 karams. Their mother brought tea for them and she sat near them. In the meantime, Mohinder Singh son of Bala Singh carrying gandasi came there. He asked Bikar Singh as to why he had dug earth from his land. He replied that he had taken earth from the water channel (Khal) and not from his land. Mohinder Singh hurled abuse on him and threatened to teach him lesson for digging earth from his land. Mohinder Singh gave gandasi blow while using gandasi struck in the left side of his head. Mohinder Singh gave another gandasi blow from its reverse side on his forehead near the left eye. He gave another gandasi blow from the reverse side which fell on his nose. Bikar Singh fell down. Mohinder Singh gave gandasi blow on the back side of his right shoulder and on his arm near the wrist from its sharp side. He and his mother raised raula. Mohinder Singh gave gandasi blow from sharp side which fell on the head of his mother. He gave her another gandasi blow from its reverse side which fell on her arm. Gurcharan Singh PW came to their rescue. He rescued Bikar Singh and his mother from the clutches of Mohinder Singh. Mohinder Singh ran away. On the statement of Bikar Singh, case FIR No. 37 was registered at PS Bhikhi under Section 326/324/323 Indian Penal Code. After investigation, Mohinder Singh was challaned. On the conclusion of the trial, Mohinder Singh was convicted by the Judicial Magistrate First Class, Mansa vide order dated 8.7.97 under Section 326/324/323 Indian Penal Code. He sentenced him to undergo RI for 3 years and to pay fine of Rs. 1,000/- or in default of payment of fine to undergo further RI for 3 months under section 326 Indian Penal Code. He sentenced him to undergo RI for one year under Section 324 Indian Penal Code. He further sentenced him to undergo for 3 months under section 323 Indian Penal Code. He ordered the sentences to run concurrently.

(2.) AGGRIEVED from conviction and sentence recorded against him by the learned Magistrate vide order dated 8.7.97, Mohinder Singh want in appeal to the Court of Session. Learned Additional Sessions Judge, Mansa dismissed the appeal and thus maintained the conviction and sentence recorded against him by the learned Magistrate.

(3.) I have heard the learned counsel for the petitioner and have gone through the record.