MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ON 12.6.94 at about 7.30 PM, Kaur Singh and his father Lakhbir Singh were busy talking to each other in the street outside their residential house. Raja Singh son of Karnail Singh armed with gandasa, Malkiat Singh son of Balwant Singh armed with gandasa and Kulwant Singh alias Vailli son of Jaimal Singh came there. Kulwant Singh raised lalkara that they be taught a lesson (Karu Singh and Lakhbir Singh) as they were unnecessarily harassing them. Raja Singh dealt gandasa blow to Kaur Singh which fall on his right arm. Malkiat Singh dealt gandasa blow (using gandasa from its blunt side) which fell on his head. Kulwant Singh caught hold of Kaur Singh by his hair. Raja Singh dealt gandasa blow (while using gandasa from its blunt side) which fell on the right side of his back. Lakhbir Singh intervened with a view to save Kaur Singh. Raja Singh dealt gandasa blow (while using gandasa from its blunt side) which fell on his right hand. Malkiat Singh also dealt gandasa blow (while using gandasa from its blunt side) which fell on the right elbow of Lakhbir Singh. Raja Singh gave another gandasa blow which fell on the left hand fingers of Lakhbir Singh. Assailants ran away with their respective weapons. Accused attacked them as there had been altercation between them and Kaur Singh a few days earlier. Case FIR No. 53 dated 13.6.94 was registered at PS Sadar Mansa under sections 323/324/34 Indian Penal Code on the statement of Kaur Singh Ex.PA. After investigation, Malkiat Singh, Raja Singh and Kulwant Singh were challanced under sections 323/324/34 IPC. They were charged under Sections 323/324/34 IPC.

(2.) ON the conclusion of the trial, Judicial Magistrate First Class, Mansa vide order dated 6.1.98 found the charge proved against them. He convicted them thereunder. He sentenced Raja Singh under section 324 IPC to undergo RI for 9 months and to pay fine of Rs. 300/-, in default to undergo further RI for one month. He sentenced Raja Singh to undergo RI for 3 months and to pay fine of Rs. 100/-, in default to undergo further RI for 15 days under section 323 IPC. He sentenced Malkiat Singh to undergo RI for 9 months and to pay fine of Rs. 300/-, in default to undergo further RI for one month under section 324/34 IPC. He sentenced Malkiat Singh to undergo RI for 3 months and to pay fine of Rs. 100/-, in default to undergo further RI for 15 days under Section 323 IPC. He sentenced Kulwant Singh to undergo RI for 9 months and to pay fine of Rs. 300/-, in default to undergo further RI for one month under section 324/34 IPC. He sentenced him to undergo RI for 3 months and to pay fine of Rs. 100/- or to further undergo 15 days RI under section 323 IPC. Substantive sentences were ordered to run concurrently.

(3.) I have heard the learned counsel for the petitioners and have gone through the record.