B.S.YADAV, J. - (1.) THE present appellants Dharam SIngh, Karam Singh, and Daljit Singh (hereinafter also referred to as accused) and their co-accused Kaku alias Kuldip Singh and Dalbir Singh were prosecuted in the Court of Judicial Magistrate Ist Class, Amritsar, Dharam Singh, Karam Singh, Kaku alias Kuldip Singh and Dalbir SIngh were convicted under section 147 of the Indian Penal Code while Daljit SIngh under sections 326 & 323 read with section 149 of the Indian Penal Code. Dharam Singh and Karam Singh each were convicted under Sections 326 and 323, both reads with section 149 of the Indian Penal Code. They were sentenced to various terms of imprisonment for the above offences. It may be mentioned here that Dharam Singh and Karam Singh accused are brothers while the remaining accused are the sons of Dharam Singh.
(2.) FEELING aggrieved against their convictions and sentences they filed an appeal which was heard by Shri P.C. Singal, Additional Sessions Judge, Amritsar. He acquitted Kaku alias Kuldip Singh and Dalbir SIngh of all the charges while Daljit SIngh was acquitted of the offence under section 148 of the Indian Penal Code. The convictions of the remaining accused for the remainings offences were maintained with the modification that the accused who were earlier convicted vicariously with the aid of section 149 were so held with the aid of section 34 of the Indian Penal Code. The sentences, however, for those offences were maintained. The prosecution story as gathered from the evidence is that on 31st November, 1977 Dalbir Singh accused had come to the house of P.W. 1 Harbans Singh in a drunken condition P.W. 3 Gurbinder Singh son of said Harbans Singh and pappu escorted Dalbir Singh to the latter's house. However, on reaching there Dalbir Singh fell down. Daljit Singh and Kaku alias Kuldip Singh, brothers of Dalbir Singh, grappled with Gurbinder Singh. Gurbinder Singh returned to his house. On 2nd December, 1977, at about 9 A.M. Harbans Singh and his son Gurbinder Singh were present inside their house. The petitioners and the acquitted accused came thee raising cat-calls. At that time, Daljit Singh was armed with a kirpan, while Dalbir Singh and Kaku were armed with one sota each. Dharam Singh and Karam Singh were empty handed. All those five persons challenged Harbans Singh and Gurbinder Singh to come out of the house and said that they would be taught a lesson for the incident which had taken place on 31st November, 1977. Harbans Singh came out of the house. Dharam Singh and Karam Singh caught hold of Harbans Singh by his hair while Daljit Singh accused gave a blow with Kirpan which fell on the back of his left shoulder. Dalbir Singh and Kaku belabored him with their respective sotas. The occurrence was witnesses by said Gurbinder Singh and Jaspal Singh (P.W.2), who is nephew of Harbans Singh. When these witnesses raised raula, the accused went away.
(3.) HARBANS Singh was removed to civil Hospital, Amritsar, where he was examined by P.W. 6 Dr. Narinder Kumar Aggarwal on the same day i.e. 2nd December, 1977. Eight injuries were found on his person. One was an incised wound measuring 5 cm x 1 cm, muscle deep in the centre on the upper side of back of upper left shoulder. The remainings were abrasions of various sizes on different parts of his body. In the opinion of the said doctor, the probable duration of the injuries was 6 hours. Injury No. 1 was opined to have been caused with sharp-edged weapon and the rest with blunt one. Exhibit P.W. 6/A is the medical certificate prepared by him in relation to Harbans Singh injured.;