BALKAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) INITIALLY this criminal appeal was filed by four persons namely Balkar Singh, Didar Singh, Bikkar Singh and Nachhatar Singh and it was directed against the judgment and order dated 9.6.1987 passed by Additional Sessions Judge, Ferozepur, who convicted the appellants under Section 307 I.P.C. with the aid of Section 149 I.P.C. and under Section 148 I.P.C. The trial Court, however, sentenced these four appellants to undergo R.I. for a period of one year each under Section 148 I.P.C. They were further sentenced to undergo R.I. for 4 years each and to pay a fine of Rs. 2,000/- each under Section 307 read with Section 149 I.P.C. In default of payment of fine each one of them was directed to further undergo R.I. for 6 months.

(2.) BEFORE I proceed further into the matter, I may make a mention that the challan was submitted against 8 persons including the four appellants and those four persons were Ravel Singh, Darshan Singh, Shingara Singh and Sahab Singh. During the pendency of the trial, Darshan Singh expired. The trial Court released Sahib Singh on probation. During the pendency of this appeal three appellants namely Balkar Singh, Bikkar Singh and Nachhatar Singh expired as a result of which the appeal of these three appellants has abated. Now we are only left with the appeal of Didar Singh.

(3.) IN order to prove the charges, the prosecution examined Dr. H.S. Sohal PW1, who deposed that on 12.8.1984 he medically examined Piara Singh in the Orthopaedic Ward and found fracture of bones of left forearm for which intramedulary nailing was done. It was further stated by this witness that injured was having a crushed injury on the left leg and on that account gangrene of left leg was developed as a result of which his left leg had to be amputated on 30.8.1984. Further it was stated by this doctor that Piara Singh injured had a compound fracture of both bones of rights leg for which sequesterpcaton was done and skin grafting was also done. PW2 Dr. A.S. Mann medically examined Piara Singh on 9.8.1984 and found as many as 7 injuries on his person which are as under :-