MEHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 14.1.1987 passed by learned Sessions Judge, Ferozepur, who convicted the appellant under Section 308 of the Indian Penal Code and sentenced him to undergo R.I. for a period of five years.

(2.) THE brief facts of the case as unfolded by the prosecution witnesses at the trial are that Mangh Singh PW is a member panchayat of Village Dhandi Qadim. On 7.8.1985 at about 7.00 p.m. he was going to his tubewell installed in his fields at Hitharwala. While so proceeding when he was close to the fields of Mohinder Singh, Ex-Sarpanch, he saw that from the opposite side Kashmir Singh son of Gurian Singh was coming towards the village on his tractor. Dilawar Singh, Balwant Singh and Chand Singh residents of village Dhandi Qadim were sitting on the seats of the tractor while Jit Singh injured, Phalku Singh, Dial Singh son of Sona Singh and Mehar Singh accused were sitting on the cultivator of the tractor. Phalku Singh caught hold of Dial Singh with a Parna while Mehar Singh accused slowed down the speed of the tractor and gave a hockey blow to Dial Singh but the blow hit on the head of Jit Singh. On receipt of the hockey blow Jit Singh fell on the ground from the tractor and became unconscious. The accused also got down from the tractor and sat near Jit Singh, while Kashmir Singh etc. firstly drove the tractor away but then put the tractor in reverse gear and thereafter all of them went to the house of Jit Singh along with the tractor to give information. Mangh Singh PW went to his tubewell. Balwant Singh PW went to Ram Singh brother of Jit Singh and told him about the occurrence. With above broad allegations F.I.R. was lodged with the police on 12.8.1985 on the statement of Mangh Singh PW which was recorded by ASI Lal Singh.

(3.) ASI Lal Singh visited the spot and prepared rough site plan of the place of occurrence. He recorded the statements of the witnesses. Accused was arrested on 19.8.1985 and during the course of interrogation he suffered a disclosure statement and in pursuance of the same he got recovered a hockey from the specified place of concealment on 22.8.1985 which was taken into possession. On 28.8.1985 the injured was referred to P.G.I., Chandigarh for neuro-surgery and on completion of the investigation of the case, the accused was challaned in the Court of Area Magistrate under Section 308 I.P.C. The learned Magistrate supplied the copies of the documents to the accused and vide commitment order dated 9.7.1986 the accused was committed to the Court of Session.