JAGJIT SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision petition is directed against judgment dated 15.9.1999 of the Additional Sessions Judge, Mansa (hereinafter described as 'the appellate Court') vide which the appeal of the petitioners was dismissed and the judgment of conviction & order of sentence dated 13.5.1998 passed by the Judicial Magistrate Ist Class, Mansa (referred to hereinafter as 'te trial Court') were upheld.

(2.) BRIEFLY stated the facts of the case are that on 2.3.1991, a ruqa was received from Civil Hospital, Mansa in the Police Station, Sadar Mansa to the effect that two persons, namely, Gurdip Singh and Darshan Singh sons of Joginder Singh, residents of village Mussa had been admitted to the hospital due to injuries on their person, upon which A.S.I. Balwant Singh went there, but the doctor attending them opined that both of them were unfit to make statement on that day. The next day, i.e., on 3.3.1991, on being declared fit, the A.S.I. recorded the statement of injured -Gurdip Singh in which he stated that on 2.3.1991, he and his elder brother -Darshan Singh had visited their 'Tibbiwala' field where on the joint ridge of their field and the field of Bachan Singh, there was a ' Berry' tree standing; that half of the branches of the said tree were cut by Bachan Singh and so, they started cutting the remaining branches; that in the meanwhile, Bachan Singh came there and asked them why they were cutting the branches; that he retorted back that since he, i.e., Bachan Singh, had already cut half of the portion of 'Berry' tree, they had the right to cut the remaining portion; that thereafter, Bachan Singh returned to the village; that at about 10.00 or 11.00 A.M., Bachan Singh armed with 'gandasa' and his two sons, namely, Jagjit Singh and Balbir Singh @ Billu, who too were armed with 'gandasas' came there; that thereupon he and his brother went to the field of Mithu Singh; that Bachan Singh and his sons followed them and started calling bad names; that on hearing the noise, Joginder Singh, their father, who was working in the field nearly at a distance of 4 -5 killas, also came there; that Bachan Singh then asked his sons that the complainant side be taught a lesson for cutting 'Berry'; that on his saying so, Jagjit Singh gave a 'gandasa' blow on his person which struck on his right hand when he tried to ward off the blow by raising it; that Bachan Singh also gave a 'gandasa' blow which hit him near the thumb of left hand when he raised his left hand to save himself; that thereafter, Darshan Singh advanced towards him and Balbir Singh gave a 'gandasa' blow on his left wrist from its sharp side; that Jagjit Singh gave a 'gandasa' blow on his right leg, whereas Bachan Singh gave a 'gandasa' blow from sharp side on the left side of his back; that on raising 'raula' by Joginder Singh, Bachan Singh and his sons ran away from the field along with their weapons; that Joginder Singh had removed him and his brother to the hospital in a jeep.

(3.) IN order to prove its case against the petitioners, the prosecution examined as many as four witnesses including Dr. Nazar Singh PW1.