BADAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision application had been admitted against petitioner No. 3 Sukhdeo Singh alone. THis Sukhdeo Singh was convicted by Sub-divisional Judicial Magistrate, Arrah for an offence under section j26 of the Indian Penal Code for causing grievous hurt to P.W. Lallan Singh and was sentenced to two years rigorous imprisonment. His father Badan Singh and another brother Sukhan Singh were also convicted under sections 323 and 430 of the Indian Penal Code and they were sentenced to under go sit monthsT rigorous imprisonment under both the counts. Being aggrieved by that order of conviction and sentence they including this petitioner preferred an appeal before the Sessions Judge, Arrah which was heard by the court of 4th Additional Sessions Judge in Criminal Appeal No. 751 of 1976, but their appeal was dismissed. Thereafter all the three convicted accused persons moved this Court by present revision application, out of these application of this petitioner was admitted for hearing. The application of other accused Badan Singh and Sukhan Singh was not admitted.

(2.) The learned counsel has mainly argued on the point that from the medical evidence the offence under Section 326 of the Indian Penal Code is not made out. At best, it will be under section 324 of the Indian Penal Code as the injury was not grievous as defined in the Indian Penal Code. Secondly it has been argued that the petitioner has no previous conviction and ibis was the first occasion for him to be made an accused in a criminal case. Therefore, Section 360 of the Code of Criminal Procedure should, have been made applicable.

(3.) To appreciate the contentions it will be relevant to state the facts leading to this application. On 4th March, 1969, at about 5 p.m. the informant Hatibansh Singh (P.W. 1) was getting his field irrigated through his labourers by means of rent. A karaha was also constructed to take out the water to his field. When the informant went to inspect the field which was being irrigated, he found the flow of water very thin. Then he proceeded to see as what was the reason for it. He found (bat the karaha was out near the field of the accused persons with the result that major portion of the water was flowing in the field doing to the accused persons and a little water was proceeding towards the field of the informant. The informant closed the opening and thereby the flow of the water into the field of the accused was closed and proceeded back to his of field; While proceeding back he found that accused Badan Singh and Sukhan Singh had again cut the karaha at the same place which he had closed. The informant returned back and asked them as to why they were cutting. On this two accused persons who were armed with lathi began to abuse the informant, which resulted in altercation. In the meantime Lalan Singh nephew of the informant also came there and joined the quarrel. It is said that by that time this petitioner also came there armed with 3 bhala. Accuse Badam Singh gave lathi blow on the head of the informant and accused Sukhan Singh also assaulted him on his palm and chest with lathi. This petitioner is alleged to have given bhala blow on the wrist of Lalan Singh. Witness came and then the accused persons are alleged to have fled away. Lalan Singh was brought on a cot.to the police station which is at a distance of 3 miles and from there he was sent to the hospital for medical examination and treatment. P.W. 7 was civil Assistant Surgeon of Arrah Sadar Hospital at the relevant time and he examined P.W. 2, Lalan Singh on 5th March, 1969 at 8.35 a.m. and found the following injury: Incised wound 3 X 1 bone deep over the dorsom of left wrist joint with exposed bones According to, the Doctor it was grievous, caused by sharp cutting weapon like sharp edged bhala within 48 hours. The Investigating Officer after completing investigation submitted charge-sheet against all the three accused persons who were ultimately put on trial and convicted as stated above.