MANGAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MANGAL Singh, Ajit Singh, Sukhdev Singh, Kartar Singh and Karm Singh were tried under Sections 326/325/148/149 of the Indian Penal Code by the Sub Divisional Judicial Magistrate, Tarn Taran. Kartar Singh and Karm Singh were given the benefit of doubt and they were acquitted. Mangal Singh, Ajit Singh and Sukhdev Singh were convicted under Sections 326/325 read with Section 34 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for a period of 15 months and to pay a fine of Rs. 200/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of one month under Section 326 of the Indian Penal Code for causing injuries on the person of Jagir Singh; to undergo R.I. for a period of 15 months and to pay a fine of Rs. 200/- each and in default of payment of fine to further undergo R.I. for a period of one month under Section 326/34 of the Indian Penal Code for causing injuries on the person of Gurdip Singh; and to undergo R.I. for a period of one year each on two counts under Section 325/34 of the Indian Penal Code for causing injuries, on the person of Jagir Singh and Gurdip Singh injured. All the substantive sentences were ordered to run concurrently. The appeal filed by Mangal Singh, Ajit Singh and Sukhdev Singh was dismissed by the Additional Sessions Judge, Amritsar on July 10, 1986. Hence, Mangal Singh and Ajit Singh have filed the present revision petition. Briefly, the facts of the prosecution are as follows :

(2.) ON the night intervening 9/10-10-1981 at about 2.00 a.m. Joga Singh, PW along with his sons Jagir Singh and Gurdip Singh went to his fields in village Deobala to irrigate the same. At that time Kartar Singh armed with a Dang, Mangal Singh armed with a Gandasi, Ajit Singh armed with a spear, Karm Singh armed with a Kirpan and Sukhdev Singh armed with a Dang, were already present there. It is alleged that all the accused told Jagir Singh, PW that they would not allow him to irrigate the fields through the Aad. Thereupon, Joga Singh, PW told the accused that his Toria crop would be damaged and requested the accused to allow them to irrigate their fields. The accused felt offended against the complainant party. Mangal Singh then gave a gandasi blow hitting Jagir Singh, PW on the head. On receipt of that injury, Jagir Singh. PW fell down on the ground. Thereupon, accused Ajit Singh caused a spear blow hitting Jagir Singh injured on his neck. Accused Karm Singh then gave a Kirpan blow hitting Jagir Singh on his right shoulder. Accused Kartar Singh and Sukhdev Singh then caused various dang blows hitting Jagir Singh injured on various parts of the body. When Gurdip Singh, PW came forward to save Jagir Singh, accused Karm Singh then gave a Kirpan blow hitting him on his right arm. Accused Kartar Singh gave a Dang blow hitting Gurdip Singh on his nose, left arm, right wrist, right leg etc. Sukhdev Singh then caused Dang blows hitting Gurdip Singh injured on his back, left buttock, right buttock etc. After causing injuries to Jagir Singh and Gurdip Singh injured, all the five accused decamped from the spot with their respective weapons. The injured were then rushed co Jhabal hospital where they were medically examined by Dr. Sham Lal Gupta, PW-4, medico legally examined Jagir Singh, on 10-10-1981 at about 7.30 a.m. and found the following injuries on his person :-

(3.) DR . Sham Lal Gupta, PW-4, also medico-legally examined Gurdip Singh injured on 10-10-1981 at 7.40 a.m. and found the following injuries on his person :-