BHAG SINGH Vs. STATE OF H P

JUDGEMENT

(1.) THE present appellant, Bhag Singh alongwith his brother, Joginder Singh and son Ramesh Singh were prosecuted under Sections 148, 447, 307, 325, 323 and 149 I.P.C. Joginder Singh and Ramesh Singh were charged under Sections 323 and 149 IPC, while Bhag Singh was charged for the remaining offences referred to above. The learned Sessions Judge, Una who tried the case, convicted only the present appellant under Section 326 IPC and sentenced him to undergo rigorous imprisonment for three years and a fine of Rs. 2,000/ - and in default of payment of fine to undergo rigorous imprisonment for six months. He was also directed to pay compensation of Rs. 5,000/ - to the injured, Surinder Singh.

(2.) THE facts which gave rise to the present proceedings were that on 21.12.1988 at about 10 at night, while the complainant party was sleeping in the house, accused Bhag Singh was heard hurling abuses and challenging the complainant party and desiring them to come out of the house. Smt. Trishla Devi, sister -in -law of the informant Rajinder Singh came out of the room and asked accused Bhag Singh the reasons for hurling abuses but the accused instead of replying started abusing in a louder voice and in the meantime Surinder Singh and Usha Rani, brother and sister of informant Raji!1der Singh also came out of the room. Accused Bhag Singh was armed with an axe and accused Joginder Singh and Ramesh who are the sons of Bhag Singh alongwith their brothers Rakesh and Tarsem also reached at the spot and all of them were armed with the lathies. All the aforesaid persons reached at the place of occurrence by forming an unlawful assembly and there was an exchange of words between the two parties and accused Bhag Singh inflicted axe blow on the head of Surinder Singh resulting in bleeding and Surinder Singh fell unconscious. When Rajinder Singh informant tried to intervene and to rescue Surinder Singh, accused Bhag Singh also inflicted axe blows on his head, arm and wrist while the remaining accused had inflicted Lathi blows on the person of Surinder Singh, Rajinder Singh and Usha Rani. On hearing the noise, Shri jagtar Singh; Ram Lubhaya reached at the spot and rescued the complainant party from the accused and thereafter removed the injured to the hospital at Haroli, but as the condition of Surinder Singh worsened and as such he was removed in an ambulance to the District Hospital at Una, whereas Rajinder Singh alongwith his sister Usha Rani went to the Police Post, Haroli for reporting the matter and the report was lodged with the Police. The three injured were medically examined and a case for offences under Sections 147, 149, 451 and 323 IPC was registered at the first instance. During the investigation of the case, the weapons of offence consisting of Dandas and the axe and the clothes of injured Surinder Singh were taken into possession by the police. During investigation a case for offences under Sections 307, 325 and 148 IPC was found to have been committed by the accused and as such challan for these offences was presented in the Court.

(3.) THE aforesaid conviction and sentence under Section 326 IPC have been assailed in the present appeal on various grounds.