ANOKH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision is directed against the judgment dated 19 2.2002 passed by the Court of learned Additional Sessions Judge, Ferozepur whereby he reduced the sentence from one year rigorous imprisonment to nine months rigorous imprisonment inflicted upon the accused-petitioner, Anokh Singh under Section 324 of IPC and dismissed his appeal preferred against the judgment/order of sentence dated 9.3.2000 rendered by the Court of learned Sub Divisional Judicial Magistrate, Zira, whereby Anokh Singh accused-petitioner was convicted and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- under Section 324 of IPC and in default of payment of fine to further undergo rigorous imprisonment for 15 days and was further sentenced to undergo rigorous imprisonment for six months under Section 323 read with Section 34 of IPC though his co-accused Mangal Singh was released on probation of good conduct.

(2.) SHORTLY put, facts of the prosecution case are that Tarlok Singh son of Chur Singh resident of Makhu Road, Zira made statement before the police in the terms that on 25.6.1994 around 6:30 a.m., he accompanied by his son-in-law Gurnam Singh had gone to his fields near Mojhdin for irrigating fodder crop. When they were busy in watering the crop, meanwhile, his younger brother Anokh Singh duly armed with gandasa and Mangal Singh son of Anokh Singh holding dang came near the electric motor, where he was standing. They made an attempt to switch off the electric motor by exhorting that they be not allowed to irrigate the fields. They also came forward along with respective weapons. When he (Tarlok Singh) tried to beat a retreat, Mangal Singh delivered a dang blow, which rested on the left forehead. On being raised alarm, Gurnam Singh was attracted to the place of occurrence. Thereafter, Anokh Singh wielded gandasa blow. To ward off the same, he raised his hands. The blow landed on thumb of his left hand. Mangal Singh gave another dang blow which hit his (Tarlok Singh) left eye-brow. On receipt of the injuries, he fell down on the ground. Both the accused decamped from the spot along with their respective weapons. The motive behind the occurrence was that Tarlok Singh injured was having a dispute with his younger brother Anokh Singh in relation to the partition of the joint property and thus, he nursed a grudge against him and due to that the accused persons pursuant to their common intention, caused injuries to him. Tarlok Singh was rushed to Civil Hospital, Zira, where he was medico legally examined. On the basis of his statement, the case was registered. The accused was arrested. After comletion of investigation, the charge-sheet was laid in the Court of learned Sub-Divisional Judicial Magistrate, Zira for trial of the accused.

(3.) I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection.