JOGA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal filed by two brothers Joga Singh and Pritam Singh and their father Tega Singh, and has been directed against the judgment and order dated 10.7.1986 passed by the court of Addl. District and Sessions Judge, Amritsar, who convicted and sentenced the appellants as follows :- Joga Singh U/s 307 IPC, R.I. for a period of 7 years and to pay a fine of Rs. 1,000/-; in default of payment of fine, further R.I. for three months. U/s 324/34 IPC, RI for 2 years and to pay a fine of Rs. 500/-; in default of payment of fine, further RI for 2 months. U/s 323/34 IPC, RI for three months. Tega Singh U/s 307/34 IPC, R.I. for a period of 3 years and to pay a fine of Rs. 500/-; in default of payment of fine, further R.I. for two months. U/s 324 IPC, RI for 2 years and to pay a fine of Rs. 500/-; in default of payment of fine, further RI for 2 months. U/s 323/34 IPC, RI for three months. Pritam Singh U/s 307/34 IPC, R.I. for a period of 3 years and to pay a fine of Rs. 500/-; in default of payment of fine, further R.I. for two months. U/s 324/34 IPC, RI for 2 years and to pay a fine of Rs. 500/-; in default of payment of fine, further RI for 2 months. U/s 323 IPC, RI for three months. The trial court also held that all the sentences shall run concurrently.

(2.) THE brief facts of the case are that on 13.8.1984, at about noon time, Hazara Singh and his brother Mohar Singh were busy in their fields while their father Surta Singh was grazing the cattle near the drain bridge. Mother of Hazara Singh also came there with tea. In the meanwhile, Joga Singh, appellant, armed with a spear, his father Tega Singh, armed with a Gandassi and his brother Pritam Singh, armed with a Takua, came there. Tega Singh raised a lalkara that father of Hazara Singh had saved himself last year after complaining about shrieks and that they would not allow him to go scot free on that day. Upon this, Joga Singh opened the score and gave a spear blow to Surta Singh which hit him on the face on the right side of nose. Thereafter, Tega Singh gave a Gandassi blow which hit the right hand of Surta Singh. Then, Pritam Singh gave three Takua blows from the reverse side to Surta Singh, After causing the injuries, the accused ran away from the place of occurrence. Surta Singh was, then removed to Civil Hospital in a Tonga and he was medically examined. On the statement of Hazara Singh made before the police, the case was registered. Joga Singh was arrested and after suffering a disclosure statement, he got recovered spear, which was taken into possession. The above are the small facts and after the completion of the investigation of the case, the appellants were challaned in the Court of the Special Judge, Jalandhar. Vide orders dated 16.3.1985, the accused were charge-sheeted u/ss 307, 307/34, 324, 324/34, 323 and 323/34, IPC. The charge was read over and explained to the appellants to which they pleaded not guilty and claimed trial.

(3.) A lacerated wound 4 cm x 2 cm on the right side and front of the bridge of nose, skin deep underlying maxilla bone appears to be fractured.