S.S.DEWAN, J. - (1.) CHARAN Singh, Sadhu Singh and Bawa Singh were brought to trial before the Judicial Magistrate Ist, Class, Moga, under Sections 326/324/32334, Indian Penal Code and having been found guilty thereof, Charan Singh was substantively convicted under section 326, Indian Penal Code and his co-accused Sadhu Singh and Bawa Singh under Sections 326/34, Indian Penal Code and each of them was sentenced to 6 months rigorous imprisonment and a fine of Rs. 500/-. Sadhu Singh and Charan Singh were also convicted under Section 324 and 323/34, Indian Penal Code and Bawa Singh under Sections 324/34 and 323, Indian Penal Code and they were sentenced to suffer rigorous imprisonment for 3 months each under each count, with the direction that the substantive sentences so awarded to them shall run concurrently. On appeal, the learned Additional Sessions Judge, Faridkot, after elaborately appraising the evidence upheld the convictions and sentences of the petitioners. Feeling aggrieved they have now come up by way of revision.
(2.) THE motive for the crime is stated to be that about 4/5 days prior to the present occurrence, one calf belonging to Bawa Singh accused entered the house of the complainant Nihal Singh and it was turned out by his wife Gurdev Kaur. On that Ranjit Kaur wife of the said accused came to the house of the complainant party and there was an exchange of hot words between the wives of Nihal Singh complainant and Bawa Singh accused. It is said that on the same night. Bawa Singh come in front of the house of the complainant and abused him and threatened to take revenge. The prosecution case is that on 19th October, 1976, Nihal Singh complainant was present in his fields to guard the maize crop. He was to get his meals in the fields. When he did not receive his evening meals, he left for his house to take his meals. At about 8 p.m. when he reached the circular road of the village where his wife Gurdev Kaur and daughter Bindro met him. They were coming to the fields to deliver his meals. They were having a burning Lantern with them. Nihal Singh took his meals from them and started back towards his fields. When he had gone about 4/5 karams from that place, all the 3 accused armes with gandasa, tak and stick emerged in front of him. On seeing Nihal Singh, P.W., Bawa Singh raised a Lalkara that he would not allow him to go scot free. Charan Singh then opened the attack by giving a gandasa blow to him which was warded off by him with his hands and he sustained an injury on his middle finger of the right hand. Charan Singh and Sadhu Singh gave one blow each with their respective weapons on the head of Nihal Singh followed by Bawa Singh who gave two stick blows to him on his left shoulder and back. Gurdev Kaur and Bindro raised alarm, on hearing which Hakumat Singh was attracted to the spot and he also witnesses the occurrence. Thereafter, all the 3 accused bolted away with their respective weapons. The injured was firstly removed to his house and from there, he was sent to the hospital at Patto Hira Singh, where he was medically examined by Dr. Dharminder Singh, who found the following injuries or his person. 1. An incised wound 5 cms x 0.5 cm x 0.5 cm present on the scalp, 15 cms from the root of the nose 7.5 cms from the upper end of the left ear. Fresh bleeding was present. 2. An incised wound 6 cm x 0.5 cm x 0.5 cm present on the scalp 11 cms from the upper end of left ear, 24 cms from the root of the nose. Fresh bleeding was present. 3. An incised wound 5 cm x 0.5 cm present on the middle finger of the right hand on the dorsal surface. Wound was extending from the middle to the distal phalanx. In the proximal half of the wound, bone was cut. In the distal half, the cut was through and through and the nail had been removed. Fresh bleeding was present. 4. A contused swelling 11 cm x 12 cm present on the upper part of the back on the left side extending from the left scapula to midline Colour of the contusion was reddish and X-ray was advised. 5. A contused swelling 6 cm x 2 cm present on the top of left shoulder. Colour of the contusion was reddish. Injury No. 3 was stated to be grievous while the rest were simple in nature, having been caused with a sharp edged and blunt weapons. On receipt of the medicolegal report of Nihal Singh, Sub-Inspector Baldev Singh went to the hospital and recorded his statement on the following day at 5.50 a.m. on the basis of which the first information report was recorded in the police station. The accused were arrested. After necessary investigation, they were sent up for trial.
(3.) THE case of the prosecution is supported by Nihal Singh injured, PW 2 and Bindro P.W. 3. The accused pleaded innocence and examined Hakumat Singh in defence. This witness was given up by the prosecution as having been won over by the accused.;