SWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellants were tried by Additional Sessions Judge, Gurdaspur for offences under Sections 307 and 342 IPC. Vide judgment and order dated 24.8.1994, the trial Court convicted both the appellants for the said offences. The appellants were directed to undergo RI for five years and to pay a fine of Rs. 500/- each, in default of payment of fine, to undergo further RI for a period of three months each under Section 307 IPC. Both the appellants were also sentenced to undergo RI for three months each for the offence under Section 342 IPC. Sentences were ordered to run concurrently. Aggrieved of the same, the appellants filed the present appeal.

(2.) THE prosecution case can be summed up as follows :- Prabh Dyal Singh PW-3 and his two brothers, namely, Jagtar Singh PW-2 and Avtar Singh injured (now dead) purchased land from Sarup Singh of village Khera. Afterwards, all of them started residing there. On 9.11.1988 at about 9.00 p.m., Prabh Dayal Singh along with his two brothers was talking to each other in the courtyard of their house. It was Diwali night. Meanwhile, a noise was heard from the adjoining house of Swinder Singh that the monkey of Avtar Singh had come in their house and the same should be taken away. Avtar Singh went to the house of the accused to bring back his monkey. At that time, Swinder Singh accused armed with a kirpan and his father Anup Singh armed with a gandasi were standing amongst the eucalyptus trees there. Anup Singh gave a gandasi blow on the right hand of Avtar Singh. When Prabh Dyal Singh and Jagtar Singh moved towards their brother Avtar Singh, Anup Singh gave another gandasi blow, hitting Avtar Singh on his nose and cheek. Swinder Singh accused gave a kirpan blow, which hit below the left knee of Avtar Singh. Another kirpan blow landed on the head of Avtar Singh. Both the accused then dragged Avtar Singh into a room of their house and confined him there.

(3.) THE motive for the occurrence was that about five months prior to the occurrence, Anup Singh received injuries at the hands of relatives of Prabh Dyal Singh. The respectable persons of the village had intervened and got the matter settled. However, the accused still nursed a grudge against the complainant party.