JASBIR SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners were tried for committing the offences punishable under Sections 323/324/325 read with Section 34 IPC. Vide judgment and order dated 24.1.2002, learned Judicial Magistrate, Ist Class, Rajpura, held accused-petitioner Gurdas Singh guilty under Section 325 IPC, whereas the remaining accused-petitioners were held guilty under Section 325 read Section 34 IPC. Accused-petitioner Jasbir Singh was held guilty under Section 324 IPC, whereas the remaining accused were held guilty under Section 324 read with Section 34 IPC. All the accused-petitioners were held guilty under Section 323 read with Section 34 IPC. The accused were accordingly, sentenced as under:-

(2.) Aggrieved there-against, the petitioners preferred an appeal before the learned Sessions Judge, Patiala. Vide judgment dated 24.02.2006, the learned Additional Sessions Judge, while partly allowing the appeal, acquitted accused-petitioners Harbans Singh and Bhajan Singh of the offences under Sections 324 and 325 IPC, whereas their conviction and sentence under Section 324/34 IPC was maintained. Sentence of accused Jasbir Singh under Section 325/34 IPC was reduced from 2-1/2 years to 1-1/2 years and that of under Section 324 IPC was reduced from RI for one year to RI for nine months. His conviction and sentence under Section 323/24 IPC was maintained. Sentence of accused Gurdas Singh under Section 325 IPC was reduced from 2-1/2 years to 1-1/2 years, whereas his sentence under Section 323/34 IPC was ordered to be maintained and that under Section 323/34 IPC was reduced from RI for one year to RI for nine months. Still aggrieved, the petitioners have preferred the present revision petition.

(3.) As per the prosecution case, on 28.3.1994, MLRs of Dharam Singh son of Gurdit Singh and Jasbir Singh son of Mohinder Singh and Bhajan Singh son of Charan Singh, residents of village Ram Nagar Sania, were received. On receipt of the said MLRs, ASI Salinder Singh, went to A.P. Jain Hospital, Rajpura, and recorded the statement of injured Dharam Singh son of Gurdit Singh. Dharam Singh stated that on 27.03.1994, in the marriage of Kaka Singh son of Ajmer Singh, his son Sukhwinder Singh, went to see the 'Band'. He came back after some time and told that Gurdas Singh son of Sadhu Singh had slapped him. When at 9.00 p.m., Dharam Singh was going to the house of Ajmer Singh to make a complaint in this regard, then on the outer phirni of the village, Gurdas Singh met him. Dharam Singh asked Gurdas as to why he had beaten his son. Gurdas Singh told him that when the complainant did not vote to their party, then why had he come towards their side. When Dharam Singh told him that he and his family members would keep doing the same, then Gurdas Singh gave him a stick blow, which landed on the ring finger of his right hand. Another stick blow given by accused Gurdas Singh landed on his left elbow. He (Dharam Singh) started raising an alarm. In the meantime, Jasbir Singh son of Mohinder Singh armed with Gandasi came to the spot and inflicted Gandasi blow on his person, which landed on the right side of his head. Gurdas Singh inflicted his stick blows on him which landed on his right knee, whereas another stick blow had landed on his upper jaw. In the meantime, Rattan Singh son of Natha Singh came at the spot. Harbans Singh son of Mohinder Singh and Bhajan Singh son of Charan Singh armed with sticks also came at the spot. When Rattan Singh tried to rescue Bhajan singh, Harbans Singh had inflicted a stick blow on Rattan Singh, which landed on the back portion of his right arm. Another stick blow had landed on the back side of the left elbow of Rattan Singh. Bhajan Singh inflicted his stick blow on Rattan Singh on the left side of his head. Upon hearing the alarm raised by the injured, Pritam Singh and Mahima Singh came to the spot and on seeing them, the accused fled from the scene. The injured were taken to the A.P. Jain Hospital, Rajpura on Tractor by their brother. On the statement of injured Dharam Singh, FIR No. 25 dated 28.3.1994 Sections 323/324/325 read with Section 34 IPC was registered against them.