Kanwaljit Singh Ahluwalia, J. - (1.) PRESENT appeal has been filed by Kaka Singh, Surjit Singh son of Kaka Singh and Didar Singh son of Kaka Singh. They were nominated as accused in a case FIR No. 38 dated 07.06.2000 registered at Police Station Jhunir under Sections 307/325/323/34 IPC. They were tried by the Court of Additional Sessions Judge, Mansa, who, vide his judgment dated 18th September, 2001, acquitted them of the offences punishable under Sections 307 and 323 IPC. However, Kaka Singh was substantively convicted under Section 325 IPC and both the other accused, i.e. Surjit Singh and Didar Singh were convicted with the aid of Section 34 IPC. Furthermore, Didar Singh was substantively held guilty of an offence punishable under Section 325 IPC, whereas the other accused namely Kaka Singh and Surjit Singh were convicted with the aid of Section 34 IPC. Vide a separate order of even date, the trial Court sentenced the Appellants as under:
(2.) SUBSTANTIVE sentences were ordered to run concurrently. Criminal proceedings were set into motion on the basis of a statement Ex.PB made by Darshan Singh son of Joginder Singh on 29th May, 2000 to ASI Sukhdev Singh of Police Station Jhunir. It was stated by the complainant Darshan Singh that they were five brothers. Eldest brother Karnail Singh had died. Their younger brother, namely Nachhatar Singh was residing separately. The relations of Nachhatar Singh with his wife were strained and she was living in her parental house. Nachhatar Singh had taken two killas of land on mortgage from Kaka Singh. Nachhatar Singh had died about 11 months ago and the land was being cultivated by the complainant Darshan Singh PW -2. Appellant Kaka Singh, along with his family members, was restraining Darshan Singh PW -2 from cultivating the said land. A Panchayat was convened, wherein Darshan Singh and others had agreed to surrender the land on payment of the mortgage money. Kaka Singh also refused to pay the money. This being a grudge, occurrence had ensued on 29th May, 2000 at about 8.00 a.m. Darshan Singh PW -2 and his brother Leela Singh PW -3 were going towards their fields on their tractor, when they were waylaid by the accused. Surjit Singh son of Kaka Singh was armed with a Gandasa, Didar Singh was armed with a Kasauli and Kaka Singh was armed with a Kasia. When Darshan Singh dismounted from the tractor, Didar Singh and Kaka Singh, armed with a Kasauli and a Kasia respectively, gave blows on the head of Darshan Singh, due to which he fell down on the ground. Leela Singh raised an alarm, upon which all the accused decamped from the spot. They also caused damage to the tractor. Injured Darshan Singh was taken to the hospital by his paternal uncle Teja Singh.
(3.) DARSHAN Singh was medico legally examined by Dr. Asha Kiran, PW -7 on the same day, i.e. 29th May, 2000 at about 9.00 a.m. She found following injuries on the person of Darshan Singh: 1. A lacerated wound of 2.5 cm x 1 cm present on left parietal bone 10 cm from upper border of left pinna and 4 cm from midline. Fresh bleeding was present. Advised X -ray. 2. A lacerated wound of size 1.5 cm x 1 cm present on left parietal bone 4 cm anterior to first injury and 6 cm from midline. Fresh bleeding was present. Advised X -ray. 3. There was weakness of right arm. No sensation felt by the patient in whole arm. Kept under observation.;