TARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THESE appeals are directed against the conviction and sentences imposed by the learned Sessions Judge, Kapurthala on the accused in Session Case No. 30 of 1986 decided on 23.1.1987.

(2.) THE case of the prosecution is that on 8.9.1985 in the morning the complainant Naranjan Singh had gone to his land and when he was returning, the accused armed with deadly weapons came to the house of Mango and raised a Lalkara that Mango and her son should be finished for ploughing the land. Then Naranjan Singh, the complainant asked the accused not to attack Mango and her son Mukhtiar Singh. Then the Ist accused Tara Singh exhorted the other accused that Naranjan Singh should be taught a lesson. Thereafter Naranjan Singh was inflicted injuries by the accused. Thereafter he was taken to the Civil Hospital Sultanpur Lodhi and he was admitted in the Hospital. On the receipt of the information about the admission of Naranjan Singh, the Sub Inspector of Police Major Singh went there and wanted to record the statement of Naranjan Singh, but the Doctor certified that he was not fit to make a statement. Again the Sub Inspector visited the Hospital on 9.9.1985 at about 8.15 A.M. and recorded the statement on the basis of which an FIR was registered for the offences under Sections 326, 452 and 506, 148 read with Section 149 I.P.C. and took up the investigation and after completion of investigation, a chargesheet was filed against all the accused.

(3.) IN order to prove the guilt of the accused, the prosecution examined six witnesses and produced documents. After closure of the evidence for the prosecution, the accused were examined under Section 313 Cr.P.C. In defence, the accused did not examine any witness.