Decided on May 27,1954

STATE Respondents


- (1.) This is a revision petition by Jagat Singh against his conviction under Section 324, Indian Penal Code, and the sentence of six months rigorous imprisonment.
(2.) In the trial Court there were six accused, the petitioner Jagat Singh his sons Balbir Singh and Jagir Singh, and three other men named Sundar Singh, Kartar Singh and Kundan Singh, who were prosecuted on charges under Section 148 and Section 307 read with 149, Indian Penal Code. The result to the case was that three of the accused were acquitted and Jagat Singh and his two sons were convicted under Section 307 read with 34, Indian Penal Code, and sentenced to three years rigorous imprisonment and also ordered to furnish security under Section 106, Criminal Procedure Code, for one year after their release, and the result of their appeal in the Court of the Additional Sessions Judge was that Balbir Singh and Jagir Singh were acquitted altogether and Jagat Singh petitioner was convicted and sentenced as above.
(3.) Briefly the prosecution case was that a quarrel broke out as a result of a chance encounter between Jagat Singh petitioner and Wadhawa Singh P.W. at a place not very far from the former's house on account of the fact that Jagat Singh insinuated that some one who had been working Wadhawa Singh's well on the previous night had stolen some sugarcane from Jagat Singh's field, which is near the well. Abuse was exchanged and it is alleged that Jagat Singh went alway returned soon afterwards with the remaining accused on which Wadhawa Singh and Sawdagar Singh P.Ws. went inside their houses and fastened the doors. It is alleged that the accused then attacked Sadhu Singh and Gurmej Singh P.Ws. who are related to the other P.Ws and also, who Gurdip Singh intervened to stop the fight, he was shot with a pistol by Jagat Singh. Swaran Singh P.Ws. is said to have given one or two strick blows to Jagat Singh and to have captured the pistol from him. The defence case was that Jagat Singh and his son Balbir Singh accused were attacked and beaten by the prosecution witnesses and that the other accused had not taken any part in the Court. There is no doubt that the witnesses are all interested and interrelated, and the one thing that appears to be established beyond any doubt by the evidence produced is that there a was a fight between the parties in which Sadhu Singh, Gurmej Singh and Gurdip Singh received injuries on the complaints' side and Balbir Singh and Jagat Singh on the side of the accused. Gurdip Singh had evidently been shot in the left arm in which there was gunshot wound 2 in diameter from which seventeen pellets were removed, the injury in itself, however, being simple as no bone was damaged. Sadhu Singh P.W. had eight incised wounds and two abrasions, three of his incised wounds being grevious, though not very serious, as only the nasal bone and bones in both his hands were cut. Gurmej Singh P.W. had two small simple contused wounds. On the other side Balbir Singh had incised wounds on his right little, ring and middle fingers, one of these injuries being grievous as the distal part of this little finger was complately served, and also threee contused wounds on the head and a contusion on the left shoulder and abrasions on the left forearm and abdomen. Jagat Singh accused had two contused wounds on the head, contusions on, the left shoulder and the right side of the back and abrasions on the right forearm, right knee and left wrist.;

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