SIRIA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the order of Shri M.L. Singal, Additional Sessions Judge, Patiala, dated 24.11.1988 whereby present appellants were awarded various sentences of imprisonment and fine for causing injuries to Chhota Singh, Bhura Singh and Bir Singh.

(2.) IN brief, the facts of prosecution case, are, that on 28.11.1985 at about 4.00 p.m. Chhota Singh along with his brothers Bhura Singh and Bir Singh was returning from the fields. They had a cart (Rehri) and the same was parked in the street in front of their house. At about 6.00 p.m. Siria Singh accused came there, and, pushed that rehri aside. Chhota Singh PW requested him not to do so. Siria Singh, however, started hurling abuses and told Chhota Singh that he would teach him a lesson. Siria Singh went to his house. Shortly thereafter, Siria Singh and Arjun Singh armed with gandasis and Mal Singh and Ujjagar Singh armed with dangs came in front of the house of Chhota Singh PW, and Siria Singh exhorted his co-accused to teach a lesson to Chhota Singh. Siria Singh opened attack and gave a gandasi blow on the thumb of the right hand of Chhota Singh. Arjun Singh gave a gandasi blow to Bhura Singh on his left wrist. Siria Singh gave a gandasi blow to Bhura Singh on the right thumb. Arjan Singh gave gandsi blow to Chhota Singh on left side of his head. Mal Singh accused then gave a dang below to Bir Singh on his forehead, whereas, Jaggar Singh alias Ujjagar Singh gave a dang blow to Chhota Singh on the right side of his head. Mal Singh gave a dang blow to Chhota Singh on his right shoulder. Alarm raised by the complainant party attracted Ishar Singh, father of Chhota Singh and Kirpa Singh son of Ishar Singh to the spot, and, they witnessed the entire occurrence. All the accused then ran away from the spot along with respective weapons. Kirpal Singh removed all the injured to Civil Hospital, Samana, for medical examination A.S.I. Gurdial Singh went to the hospital and after ascertaining from the doctor that Chhota Singh was fit to make a statement, recorded his statement, on the basis of which formal F.I.R. was subsequently recorded at the Police Station. Gurdial Singh then went to the spot and prepared the rough site plan. After the arrest of the accuse and completion of investigation, accused were challaned, tried and convicted as indicated above.

(3.) I have heard the learned Counsel for the parties and carefully gone through the record. Learned Counsel for the appellants mainly contended that one of the injuries of Bhura Singh injured has been proved to be grievous in nature and the Courts below have erred in holding that injury on the left wrist of Bhura Singh was grievous in nature. Careful perusal of the testimony of Dr. P.K. Singla PW3, who conducted medico-legal examination of Chhota Singh, on the evening of occurrence, shows that injury on the left wrist of Bhura Singh was declared as previous after X-ray examination on 3.12.1985. X-ray report in this regard in Exhibit PC/3. On its basis Dr. P.K. Singla rightly declared the said injury as grevious. The said medical expert was not cross-examined on this point. All the other injuries on the person of Bhura Singh, Chhota Singh and Bir Singh injured were found to be simple in nature. All the three eye-witnesses who have imprint of injuries on their person have given consistent version in respect of injuries received by them at the hands of the accused. No inconsistency, or, contradiction worth the name has been pointed out in their testimony. Their testimony in material particulars finds independent support from the medical evidence on the record. Thus, there is no cogent reasons to disbelieve the testimony of these three injured eye-witnesses in this case. Prosecution has also been able to prove that the accused party had adequate motive to commit the crime.