A.S.NEHRA,J - (1.) THE Additional Sessions Judge, Amritsar, vide his judgment dated August 6, 1987 acquitted Jiwan Singh, Bakhshish Singh, Sukhwinder Singh, Dalbir Singh and Joginder Singh, respondents herein under Sections 326 and 326/34 of the Indian Penal Code but maintained their convictions under Sections 323 and 324 read with Section 34 of the Indian Penal Code as recorded by the Judicial Magistrate I Class, Amritsar, on 25.10.1986. The Additional Sessions Judge ordered the respondents to be released on probation of good conduct for a period of one and a half years on their furnishing personal bonds in the sum of Rs. 10,000/- each with one surety in the like amount each, undertaking to appear in the Court and to receive sentence as and when called upon to do so and to keep peace and be of good behaviour in the meantime. They were also directed to pay a sum of Rs. 500/- each as costs of the proceedings.
(2.) STATE of Punjab has filed this appeal against the acquittal of the respondents under Sections 326 and 326/34 of the Indian Penal Code. Briefly stated, the prosecution case is as follows :- Jagir Singh, complainant, PW1 had purchased a buffalo from Fauja Singh for a sum of Rs. 2,300/-. After striking the deal he along with Gurbaksh Singh, Karnail Singh, Kahan Singh came to the house of the complainant. After taking the meals at about 8.p.m. all of them came out of the house of the complainant. Bakhshish Singh, accused armed with Gandasi, Dalbir Singh accused armed with Barchhi, Chhinda Singh armed with dang and Jiwan Singh, accused also armed with a dang came there. They were hurling abuses at that time. Jiwan Singh, accused raised a lalkara that Jagir Singh be taught a lesson for deposing in Court. Bakhshish Singh, accused gave a gandasi blow which hit on the head of the complainant. Dalbir Singh, accused gave a barchhi blow which hit on the right leg of the complainant. Chhinda accused gave two dang blows which hit the right thigh and little finger of the left hand of Jagir Singh. Jiwan Singh, accused also gave dang blows which hit the right upper arm of the complainant. The complainant raised raula which attracted Balwant Singh, PW-3 and Dial Singh PW-5 at the spot. They tried to rescue the complainant. Joginder Singh, accused armed with kirpan, Avtar Singh, accused and Dalip Singh accused empty handed also came to the spot. Joginder Singh gave kirpan blow to Balwant Singh which hit on the left side of his head. Dalip Singh gave a brick blow which hit on the face of Karnail Singh. Avtar Singh also gave a brick blow which hit Dial Singh on his right hand. A number of people assembled at the spot. They got the complainant and other injured rescued from the accused. The motive of occurrence has been alleged to be the enmity between the complainant and the accused due to the fact that the complainant had appeared in a case against Jiwan Singh for causing injuries to Balkar Singh.
(3.) COMPLAINANT and other injured were taken to the hospital by Kashmir Singh, their brother, where they were medically examined by Dr. A. C. Sood, PW-7, Dr. A. C. Sood found the following injuries on the person of Jagir Singh : (1) Incised wound 3" x 1/4" x underlying bone with sharp margin was present in oblique direction on the right frontal bone of the head, 2" above the middle of the right eye-brow. Fresh clotted blood reddish in colour was present in the wound. The outer table of the underlying bone was sharply cut. Shafts and the roots of the hair were cut sharply. No dust in the wound. (2) Swelling 1/4" in diameter was present dorsal surface of left middle finger on the proximal inter phalangeal joint. (3) Incised would 3/4" x 1/10" x 1/8" deep with sharp margins was present in horizontal direction on the medial surface of right upper leg 1-1/2" above the right knee joint. Fresh clotted blood was present in the wound. No dust in the wound. (4) Complaint of pain on the ulterior surface of left upper leg in its middle. (5) Abrasion 1" present in oblique direction on the lateral surface of right upper arm in its lower one third covered with fresh clotted blood reddish in colour." Injury No. 1 was declared grievous while injury Nos. 2 to 5 were declared simple. It was opined by the doctor that injury Nos. 1 and 3 were caused by sharp-edged weapon while injury Nos. 2, 4 and 5 were caused by blunt weapon. The doctor prepared the M.L.R. of the injured Jagir Singh (Ex.PW-7/A). Injured Karnail Singh was also examined by Dr. A. C. Sood and following injury was found on his person : (1) Lacerated wound 1-1/2" x 3/4" x deep into mouth cavity with irregular margins present in oblique direction on the right half of upper lip in its middle. Fresh clotted blood present in the wound. The right lower two incisors started moving in its sockets. The upper lip was covered with swelling extending on the remaining portion of the right upper lip. Advised X-ray face PA lateral view. Injury No. 1 was kept under observation and opined to have been caused by blunt weapon. This injury was declared simple after receipt of X-ray report. The M.L.R. of injured Karnail Singh was prepared by Dr. A. C. Sood which is Ex.PW-7/D. On the examination of Balwant Singh, injured following injury was found on his person : (1) An incised wound 1-1/4" x 1/4" x deep to underline bone with sharp margins was present in oblique direction on the left of the forehead in its middle. The wound started from middle of the left eye brow. The outer table of the underline bone bore a sharp cut half MM deep. Fresh clotted blood reddish in colour was present in the wound. No dust in the wound. This injury was declared grievous caused by sharp edged weapon within a duration of 4 to 6 hours. On the medical examination of Dial Singh injured, following injuries were found on his person:- (1) Lacerated wound 1-1/4" x 1/6" x 1/8" deep with a regular margin was present in the oblique direction on the dorsal surface of terminal phalanx of right middle finger of right hand in its middle. Thick clotted blood reddish brown in colour was present in the wound. The wound was covered with swelling extending into middle phalanx Advised X-ray of right middle finger of right hand. This injury was kept under observation and opined to have been caused by blunt weapon within a period of 6 to 8 hours. The MLR of Balwant Singh, Exhibit PW-7/G and that of Dial Singh injured, Exhibit PW-7/1 were prepared by Dr. A. C. Sood in which the injuries have been mentioned. ;