DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 4.11.1987 passed by the Additional Sessions Judge, Bathinda convicting the accused appellants under Sections 326, 326/34 and 325/34 IPC and sentencing accused appellant Darshan Singh to undergo RI for 2-1/2 years and to pay fine of Rs. 300/- and in default of payment of fine to undergo RI for 3 months under Section 326 IPC, RI for 1 year and to pay fine of Rs. 100/- and in default of payment of fine to undergo RI for 1 month under Section 326/34 IPC and RI for 1 year under Section 325/34 IPC and sentencing accused appellant Beant Singh to undergo RI for 1-1/2 years and to pay fine of Rs. 300/- and in default of payment of fine to undergo further RI for 3 months under Section 326 IPC, RI for 1 year and fine of Rs. 100/- and in default of payment of fine to undergo further RI for 1 month under Section 326/34 IPC and directing all the substantive sentences to run concurrently.

(2.) AS per the case of the prosecution Sadhu Singh injured was returning after visiting Mansa and when he reached near his house accused appellant Darshan Singh and Beant Singh came there and at that time Beant Singh was armed with gandhala while Darshan Singh accused was armed with gandasa and both of them raised lalkara that Sadhu Singh to be taught a lesson for helping Bholo and thereafter accused appellant Beant Singh gave a gandhala blow towards the head of Sadhu Singh, PW and to save himself he raised his left arm as a result of which he was hit on the back of his left hand while Darshan Singh accused gave a gandasa blow on the left side of the head of Sadhu Singh whereupon Sadhu Singh fell on the ground. It is alleged that accused Beant Singh gave another gandhala blow from its pointed side on the back of left hand of Sahdu Singh when he was lying on the ground and thereafter both Darshan Singh and Beant Singh gave various injuries on various parts of the person of Sadhu Singh, PW with their respective weapons using the same lathi-wise. As per the prosecution allegations the entire occurrence was witnessed by Shinder Kaur and Tek Singh, PWs. According to the prosecution both the accused ran away with their respective weapons inside their house after the occurrence. It is alleged that after the occurrence, Sadhu Singh injured was removed to Civil Hospital, Mansa by Surjit Singh on a tractor trolley where he was medically examined. On the statement Exhibit PK given to the police, formal F.I.R. Exhibit PK/3 was recorded in the Police Station on 29.9.1986 at 12.55 p.m. under Sections 324/34 IPC. Thereafter, ASI Manmohan Singh took up the investigation, went to the spot and prepared the rough site plan, Exhibit PL on the pointing out to Tek Singh and Shinder Kaur and arrested both the accused in this case on 1.10.1986. After receiving the X-ray reports, the offence was changed from Section 324 IPC to 326 IPC as some of the injuries on the person of Sadhu Singh were declared grievous having been caused with sharp edged weapon. Subsequently, after the completion of investigation, the challan was put in the Court under Section 307/34 etc. Both the accused were charged under Sections 307/34, 326 and 325/34 IPC by the learned Additional Sessions Judge, Bathinda, to which charges the accused pleaded not guilty. The prosecution led its evidence. Thereafter, the statements of the accused under Section 313 Cr.P.C. were recorded. In their statements, both the accused denied the prosecution allegations against them and stated that they were innocent and had been falsely implicated in this case. Darshan Singh accused further stated that on the day of occurrence in the early morning he was sleeping in the sabat of co-accused Beant Singh and he woke up on hearing the cries of Mohinder Kaur and saw Sadhu Singh attempting to commit rape upon her on a cot in her house whereupon he took up a gandasa and inflicted injuries on the person of Sadhu Singh with sharp and reverse side in order to save the honour of Mohinder Kaur. It was alleged that the turban and shoes of Sadhu Singh, PW were left in the house of Beant Singh. While he was running, he stumbled with this left foot hitting the threshold of the house of Beant Singh. He further stated that wife of Sadhu Singh, PW was away to her parents' house for a week prior to the present occurrence. He stated that he reported the entire occurrence to Mansa police but Sadhu Singh got him falsely implicated in this case. Accused Beant Singh stated that he was the only earning member of his family and for that reason he had been falsely implicated in this case and also to stop him from reporting to the higher authorities against the false implication of co-accused Darshan Singh. In their defence, the accused examined DW-1 Mohinder Kaur.

(3.) I have heard the learned counsel for the parties and have gone through the record.