CHANAN SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prosecution case in brief is that on 7.9.1991 at about 6.00 AM buffalo of Mehar Singh was let loose and went to the house of Chanan Singh. Chanan Singh was coming to his house with Salang. He challenged Mehar Singh that he would teach him lesson for letting loose his buffalo. At that time Piara Singh, Gunnel Singh, Major Singh, Nazar Singh and Balbir Singh armed with lathi, lathi, takua, gandasi and lathi respectively were also accompanying him. Chanan Singh etc. gave blows to Mehar Singh on the different parts of his body. Chanan Singh gave salang blow on the right arm of Mehar Singh who raised alarm. His wife Smt. Purno (Puran Devi) and Gardhara Singh came to the spot. Smt. Purant Devi also received injuries at the hands of the accused. Chanan Singh etc. accused ran away from the spot. Mehar Singh and Smt. Purno (Purno Devi) were got medically examined. Matter was reported to the police. Case FIR No. 74 dated 7.9.1981 was registered under Sections 325/324/323/148/149 of the Indian Penal Code at Police Station, Chamkaur Sahib. After investigation, accused was challaned. Accused were charged under Sections 325/324/323/148/149 of the Indian Penal Code. They pleaded not guilty to the charge and claimed trial.

(2.) On the conclusion of trial, learned Additional Chief Judicial Magistrate, Ropar found the charge provide against the accused. He accordingly convicted all of them under Section 148 of the Indian Penal Code. He convicted Piara Singh under Section 325 of the Indian Penal Code. He convicted Chanan Singh, Gunnel Singh, Nazar Singh, Major Singh and Balbir Singh under Section 325 read with Section 149 of the Indian Penal Code. He convicted Nazar Singh and Major Singh under Section 324 of the Indian Penal Code. He convicted Chanan Singh, Piara Singh, Gurmel Singh and Balbir Singh under Section 324 read with Section 149 of the Indian Penal Code. He convicted Chanan Singh, Gurmel Singh, Balbir Singh under Section 323 of the Indian Penal Code. He convicted Piara Singh, Nazar Singh and Major Singh under Section 323 read with 149 of the Indian Penal Code.

(3.) He ordered the release of Gunnel Singh and Nazar Singh on probation under Section 4(3) of the Probation of Offenders Act 1958 on their furnishing necessary bonds.