IQBAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2), Cr. P.C. is directed against the judgment and order dated 27-6-2003 passed by the Addl. Sessions Judge (Fast Track), Anoopgarh, District Sri Ganganagar (for short 'the trial Court' hereinafter) in sessions case No. 44/2003 whereby the trial Court convicted the appellant for the offences under Sections 326, 324, 447 and 427, I.P.C. and sentenced him as under : u/S. 326, I.P.C. 5 years' RI and a fine of Rs. 5000/- in default of payment of fine to further undergo six months' RI u/S. 324, I.F.C. 1 year RI u/S. 447, I.P.C. 1 months' RI u/S. 427, I.P.C. 3 months' R.I. All the substantive sentences were directed to run concurrently. Aggrieved by the judgment and order of conviction and sentence, the appellant has filed the instant appeal.

(2.) Briefly stated the facts which are relevant and necessary for the decision of this appeal are that on 8-11 -2002 at about 10.40 p.m., P.W. 11 Ram Singh, S.I. recorded Parcha Bayan' (Ex. P/l) of injured Gurmail Singh (P.W. 1) alleging therein that there was a turn of water supply in his field from 11.00 a.m. to 11.00 p.m. He was watering the crops along with his son Kheta Singh, P.W. 7. In the nearby field, amplifier (deck) was playing. At about 7.00 7.30 p.m. after taking meal, he was going to sleep. At that time, his son P.W. 7 Kheta Singh informed him that appellant-Iqbal Singh came in drunken condition and damaged the amplifier (deck). Thereupon, he said that they will bear the loss caused to the amplifier and in the morning, they will get it repaired. At that time, appellant-Iqbal Singh, Darshan Singh and his father Basant Singh came to his field in the drunken condition. Iqbal Singh had Kassi,' Basant Singh had a pipe attached with poker and Darshan Singh had 'lathi.' Basant Singh exhorted both of his sons Darshan Singh and Iqbal Singh to set him right, on which, Iqbal Singh in order to kill the complainant, inflicted repeated injuries by 'Kassi' on the skull of P.W. 1 Gurmail Singh. However, the complainant by projecting his hand with the help of his right hand saved himself, but thereafter Iqbal Singh inflicted a violent Kassi injury on his head. Thereupon, he fell down on the ground. There was profused bleeding from the head. Darshan Singh and Basant Singh gave kicks to him while he was lying on the ground. He raised cries. His father P.W. 4 Chuhad Singh and brother P.W. 3 Harnek Singh came running and rescued him. The accused inflicted injury on the left hand of Harnek Singh also. Thereupon, he was taken to hospital at Gharsana and got admitted. It was alleged that Iqbal Singh inflicted the injury in order to kill him. On this Parcha Bayan, the Police recorded the crime report (FIR No. 433) (Ex. P/29) for the offences under Ss. 307, 326, 324, 323, 447, 427/34, I.P.C.

(3.) After investigation, the Police filed charge-sheet against appellant-Iqbal Singh and two others namely Darshan Singh and Basant Singh. They were put to trial. The appellant and co-accused denied the charges and sought trial. The prosecution produced as many as 12 witnesses and document Ex. P/l to Ex. P/33A. Articles 1 to 10 were also exhibited. The appellant made statement under S. 313, Cr. P.C. and stated that there is some dispute between his father and Chuhad Singh in Punjab relating to the land and since he did not support Chuhad Singh in that dispute, a false case has been registered against him. He himself appeared as witness under S. 315, Cr. P.C. as D.W. 1 and produced documents, Ex. D/l to Ex.D/3.