CHHOTA KHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 11.07.2002, rendered by the Court of Additional Sessions Judge, Patiala, vide which it dismissed the appeal against the judgment of conviction dated 07.01.1999, rendered by the Court of Judicial Magistrate Ist Class, Patiala, convicting the accused (now revision -petitioners) and awarding them sentence to undergo rigorous imprisonment for a period of ne year each, for the offence punishable under Section 148 of the Indian Penal Code, to further undergo rigorous imprisonment for a period of three months each, for the offence punishable under Section 323 read with Section 149 of the Indian Penal Code, to further undergo rigorous imprisonment for a period of two years each, and to pay a fine of Rs. 500/ - each, in default of payment of fine, to undergo further rigorous imprisonment for three months each,for the offence punishable under Section 32 read with Section 149 of the Indian Penal Code, to further undergo rigorous imprisonment for a period of two years each, and to pay a fine of Rs. 500/ - each, in default of payment of fine, to undergo further rigorous imprisonment for three months each,for the offence punishable under Section 325 read with Section 149 of the Indian Penal Code, and to further undergo rigorous imprisonment for a period of one year each,for the offence punishable under Section 324 read with Section 149 of the Indian Penal Code. All the substantive sentences were ordered to run concurrently.

(2.) THE facts, in brief, are that on 27.12.1991, Nirmal Singh son of Niranjan Singh, made a statement, which was recorded in the DDR to the effect that there was a dispute, between him, and the accused, regarding some land and a case for correction of Khasra Girdawari was pending before the Tehsildar, Patiala. On 27.12.1991, the Tehsildar, Patiala, was to physically inspect the spot and, as such, the complainant, his brother Ranjit Singh, his father Niranjan Singh and some other members of Panchayat were present, in the disputed land, situated in village Sidhuwal. Jit Singh Karnail Singh, 'Chhota Khan, his brother, one person who happened to be the son -in -law of one Tohra and his son, were also present there. At about 10.00 AM, before the visit of the Tehsildar, there was a scuffle between the parties. Chhota Khan, accused, gave a Dang blow on the head of Nirmal Singh complaint as a result whereof, he fell down Jit Singh, and Karnail Sigh, accused gave fist blows, on the person of Nirmal Singh. Ranjit Singh and Niranjan Singh, tried to save the complainant, whereupon, Karnail Singh, accused, gave a blow on the left arm of Niranjan Singh with ' Safajang' Jit Singh, accused gave a blow with his Takua on the right knee of Niranjan Singh. The son -in -law of one Tohra, also gave blows to Nirmal Singh and Niranjan Singh. Harminder Singh, accused gave dang blow on the head of Niranjan Singh. Amrir Singh, accused, gave a knife blow, after taking out the same, from his pocket, on the left hand of Niranjan Singh. Thereafter, Amrik Singh, accused also gave a dang blow, after snatching the same, on the right arm of Niranjan Singh. The complainant and the other injured raised alarm, which attracted Bachan Singh, Pritam Singh and Rajinder Singh, to the spot, who on seeing them, ran away with their respective weapons. The injured were shifted to Civil Dispensary, Model town Patiala, where they were medicolegally examined. After recording the statement of Nirmal Singh, complainant, Hardial Singh, Assistant Sub Inspector, appended his endorsement, on the basis whereof, formal FIR was registered.

(3.) ON their appearance, in the Court, the accused were supplied the copies of documents, relied upon by the prosecution. Charge under Sections 148,326, 325,324, and 323 read with Section 149 IPC, was framed against the accused to which they pleaded not guilty and claimed judicial trial.