SANTOKH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred by the accused appellant Santokh Singh against the judgment and order dated 6-11-87 passed by the learned Additional Sessions Judge No. 1 Hanumangarh in Sessions Case No. 42/85 whereby the learned Additional Sessions Judge convicted the accused appellant for offence under Section 307 and Section 326, I.P.C. and sentenced him as under : Name of Accused Convicted under Sec. Sentence Awarded Santokh Singh 307, I.P.C. 4 years' R.I. and a fine of Rs. 100 in default to further undergo 15 days' S.I. Santokh Singh 326, I.P.C. 3 years' R.I. and a fine of Rs. 100 in default to further undergo 15 days' S.I. Both the sentences were ordered to run con-currently #

(2.) It arises in the following circumstances: i) On 20-1-85 at about 4 a.m. an oral report Ex. P/7 was lodged by P.W. 4 Ajmer Singh in the police Station Tibi, Dist. Sri Ganganagar (at the relevant time) before P.W. 5 Hardeep Singh stating that land of accused appellant was adjoining to his land in whiche he had made a Dhani, as a result of which cattle belonging to the accused appellant used to damage his crops etc. and for that he and his brother P.W. 1 Gurmel Singh gave warning to the accused appellant. It is further stated in the report that because of warning, the accused appellant became angry. It is further stated in the report Ex. P/7 that in the morning of 19-1-85, he, his brother P.W. 1 Gurmel Singh, P. W. 6 Tek Singh, P. W. 2 Sardul Singh, P. W. 3 Kor Singh and Balor Singh went to the field for the purpose of taking fertilizer in the trolley of P.W. 6 Tek Singh and at about 7.30 p.m. in the evening when they were returning to their village, Santokh Singh boarded the trolley and the trolley was stopped at the house of P.W. 2 Sardul Singh at 9 p.m. It was further stated in the report that P.W. 1 Gurmel Singh asked the accused appellant as to why his cattle used to damage their crops, on which altercation took place between P.W. 1 Gurmel Singh and the accused appellant and at that time, the accused appellant was having a sword (Kripan) in his hand and he gave sword blow on the left side of scalp near ear of P.W. 1 Gurmel Singh, as a result of which P.W. 1 Gurmel Singh fell down and profuse bleeding started. On being cried, the accsed appellant ran away from the scene and P.W. 1 Gurmel Singh was got admitted in the hospital at Hanumangarh. #

(3.) On this report, police chalked out regular FIR Ex. P/7 and started investigation. #