MAJOR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant appeal has been preferred against the impugned judgment of conviction and order of sentence dated 04.10.2004 passed by Addl. Sessions Judge (Ad hoc), Fast Track Court, Gurdaspur vide which the accused-appellant was convicted and sentenced as under:

(2.) Prosecution case in brief is that on 03.10.2003 on receipt of information qua some quarrel between two parties at village Dhirowal, a police party headed by PW-10 SI Swaran Singh reached the spot. All the injured PW-1 Makhan Singh, complainant, PW-2 Darshan Kaur w/o Makhan Singh, PW-3 Baljit Kaur d/o Makhan Singh, were removed to the Civil Hospital, Batala for treatment. Appellant Major Singh Nihang, who too was found at the spot in an injured condition, was sent to the Civil Hospital, Harchowal for treatment. After the doctor had declared the complainant Makhan Singh- PW-1 fit to make a statement, his statement Ex.PA was recorded leading to the registration of FIR No.118 (Ex.PA/2) for offences punishable under Sections 307, 326, 324 and 452 IPC wherein he stated that on 03.10.2003 at about 10.00 am, appellant Major Singh, who was a co-villager, came in front of his house armed with a kirpan, one datar and one knife and exhorted him to come out. When he inquired from him what the matter was all about, the appellant inflicted a datar blow on the complainant hitting him on his left arm and another datar blow on his left hand. On a hue and cry raised by the complainant Makhan Singh, his wife Darshan Kaur - PW-2 and daughter Baljit Kaur - PW-3 were attracted to the spot and rushed to his rescue, who too were not spared by the accusedappellant. The appellant inflicted a datar blow on the head of Baljit KaurPW-3 and another datar blow on the arm of Darshan Kaur - PW-2. Thereafter, the appellant continued inflicting blows with the datar on the shoulder, right hand, head and neck as well as the chest of the complainant Makhan Singh. While the occurrence was still on, brother of the complainant namely Sawarn Singh too was attracted to the spot and witnessed the occurrence. The motive behind the occurrence apparently was that a couple of years prior to the occurrence in hand, at the time of marriage of the younger brother of the appellant, a quarrel had taken place as the latter wanted his estranged wife to be brought back and the marriage of the brother be solemnised only thereafter. The complainant Makhan Singh, who happened to be present at that time, had intervened and asked the appellant not to misbehave. Ever since then the appellant had been harboring a grudge against the complainant Makhan Singh.

(3.) The accused was arrested on 10.11.2003. On completion of investigation, the accused-appellant was charged for offences under Sections 307, 326, 324 and 452 IPC to which he pleaded not guilty and claimed trial.