MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal, is directed, against the judgment of conviction, and the order of sentence dated 02.05.1997, rendered by the Court of Sessions Judge, Ferozepur, vide which, it convicted the accused/appellants, and sentenced them, as under :- Names of the accused (now appellants) Offence for which convicted Sentence awarded 1 2 3 (i) Mohinder Singh (a) Under Section 326 of the Indian Penal Code. To undergo rigorous imprisonment, for a period of three eyars, and to pay a fine of Rs. 2000/-, and in default thereof, to further undergo rigorous imprisonment for a perid of six months (b) Under Section 323 read with Section 34 of the Indian Penal Code. To undergo rigorous imprisonment, for a period of six months. (ii) Darshan Singh (c) Under Section 326 read with Section 34 of the Indian Penal Code. To undergo rigorous imprisonment, for a period of three years, and to pay a fine of Rs. 2000/-, and in default thereof, to further undergo rigorous imprisonment for a period of six months. (d) Under Section 323 of the Indian Penal Code. To undergo rigorous imprisonment, for a period of six months. Both the substantive sentences, were however, ordered to run concurrently.

(2.) SHORN of unnecessary details, the story of prosecution proceeded, in the manner that, on 26.08.1996, at about 2.00 P.M., Malkiat Singh, injured/complainant, was going towards his village, on scooter, bearing registration No. PIC 4172, and was carrying feed for the cattle. On the way, near the Golf ground, Ranjit Singh, his sister's son, was grazing the cattle. Malkiat Singh, after stopping the scooter, went to Ranjit Singh. In the meanwhile, Mohinder Singh, accused, armed with a takua, and Darshan Singh, accused, armed with a dang, came there, who were also grazing the cattle nearby. Mohinder Singh, accused, challenged Malkiat Singh, that he would be taught a lesson, for demanding money from him. Thereafter, Mohinder Singh, accused, gave a takua blow, on his (Malkiat Singh's) forehead, and Darshan Singh, accused, aimed a dang blow, on the person of Malkiat Singh. When Malkiat Singh, in order to ward off the dang blow, raised his right hand, the same fell, at its thumb. Thereafter, Mohinder Singh, accused, gave another takua blow, hitting above the left shoulder of Malkiat Singh, and Darshan Singh, accused, gave two more dang blows, hitting the front part, and middle of the head of Malkiat Singh. In order to save himself, Malkiat Singh, snatched soti, from Ranjit Singh, and caused minor injuries on the person of Mohinder Singh. On the alarm, having been raised by the complainant party, the accused decamped from the spot, with their respective weapons. Ranjit Singh called Major Singh brother of Malkiat Singh, to the spot, and he (Major Singh), removed Malkiat Singh, to Civil Hospital, Ferozepur, on the same scooter, where he was medico-legally examined.

(3.) ON 26.08.1996, Baljit Singh, Assistant Sub-Inspector, alongwith other Police Officials, went to Civil Hospital, Ferozepur, and moved an application P3, before the doctor, to seek his opinion, whether Malkiat Singh was fit to make statement. The doctor, vide his endorsement P3/A, declared him fit, to make statement. Thereafter, Baljit Singh, Assistant Sub-Inspector, recorded the statement P5, of Malkiat Singh, injured, made endorsement P5/A thereon, and sent it to the Police Station, on the basis whereof, formal first information report P5/B, was recorded. In the hospital, Baljit Singh, Assistant Sub-Inspector, also took into possession the clothes of Malkiat Singh, vide memo P7. Thereafter, Baljit Singh, Assistant Sub-Inspector, went to the place of occurrence, but owing to darkness, the investigation, could not be carried out. On the next day, Baljit Singh, Assistant Sub-Inspector, prepared site plan P8, with correct marginal notes. On 02.09.1996, Darshan Singh, accused, was produced before Baljit Singh, Assistant Sub-Inspector, by Harpal Singh, and Jasbir Singh, who produced dang MO/4, which was taken into possession, vide memo P9. On 08.09.1996, Mohinder Singh, accused, was arrested, by Baljit Singh, Assistant Sub-Inspector, and on interrogation, he suffered disclosure statement P10, regarding the concealment of takua, in pursuance whereof, he got recovered the same, which is MO/5. Baljit Singh, Assistant Sub Inspector, prepared rough sketch P11 of the takua, and the same was taken into possession, vide memo P12. He also prepared rough site plan P13, of the place of recovery. After the completion of investigation, the accused were challaned.