MEHTAB S.GILL, J. - (1.) This is an appeal filed by the State against the judgment dated 22.3.1995 of the Additional Sessions Judge, Bathinda, whereby he acquitted Santa Singh son of Kartar Singh, Raghbir singh son of Sampuran Singh, Satbir Singh @ Satti son of Atma Singh, Sukhbir Singh @ Sukhbira son of Sadhu Singh, Baldev Singh son of Khem Singh, Daljit Singh @ Jeet son of Gurdev Singh, Yadwinder Singh @ Banti and Jagpal Singh @ Pal son of Karnail Singh. Criminal Appeal No. 16-DBA of 1998
(2.) The case of the prosecution is unfolded by the statement of Jugraj Singh complainant, given to SI Gurcharan Singh, Police Station Mansa. He stated, that on 15.4.1989 he along with his younger brother Manjit Singh @ Mithu and Jarnail Singh son of Gurjant Singh had come to Mansa for shopping. At about 5.00 p.m. they were standing in the shop of Gurchet Singh Cobbler, along with Magaar Singh son of Teja Singh. A jeep stopped in front of the shop, which was driven by accused Baldev Singh. Santa Singh armed with gandasa, Jagpal Singh @ Pal Singh armed with kulhari, Raghbir Singh armed with dang, Satbir Singh @ Satti armed with takua and Sukhbir singh @ Sukhbir armed with ghop came down from the jeep. Manjit Singh was caught hold by the accused, saying that they would teach him a lesson for causing injuries to Satbir Singh. Jagpal Singh gave a kulhari blow, which hit on the head of Manjit Singh. Santa Singh gave a gandasa blow, which hit on the mouth of Manjit Singh. Thereafter, all the accused lifted Manjit Singh and threw him in the jeep. Stick blows were also given to Jarnail Singh. Accused took Manjit Singh in the jeep towards Village Jawaharke. Apart from the above named accused, two other persons were also in the jeep. The motive for the commission of the offence was that the brother of Jugraj Singh had a dispute with Satbir Singh, Santa Singh and others about six months earlier to the present occurrence. Santa Singh and others were proceeded under Sections 107/151 Cr.P.C. The prosecution to prove its case brought into the witness box Dr. Rameshwar Chander PW1, Jugraj Singh PW2, Sh. Chuhar Singh Tehsildar PW3, SI Kulwant Singh PW4, Maghar Singh PW5, ASI Tara
(3.) Criminal Appeal No. 16-DBA of 1998 Singh PW6, Jarnail Singh PW7, Rajinder Mittal Superintendent of Police PW8 and SI Gurcharan Singh PW9. Dr. Rameshwar Chander PW1 conducted the post mortem examination on the body of Manjit Singh and found the following injuries:- "1. Incised wound on the buttocks, left side, in the occipital region, situated 10 cms above and posterior to left pinna size 7 cms x 3 cms, underlying bone was cut and the brain matter was coming out. On opening the skull there was damage to the parietal and occipital lobes of the brain on left side. There was blood in cranial cavity. The injury was dangerous to life. 2. Incised wound on the upper lip, left side, 2 cm x 1 cm. The lip was cut through and through. It was a simple injury. 3. Incised wound on the centre of chin 2 cms x 1 cm x 1 cm. This was simple injury. 4. Multiple bruises on the left detoid region, each was 6 cms x 2 cms. They were 5 in number. On dissection there was collection of blood in the soft tissues. 5. Lacerated wound on the back of the left arm 5 cms above the elbow joint 2 cm x 1 cm x 1 cm. This is simple injury. 6. Proximal phalanx of middle and index fingers of left hand were fractured at the shaft. 7. There were multiple abrasions on the left part of the chest, interior aspect infra axillary region, interior abdominal wall outer part and corresponding part of the back and chest and abdomen. The abrasions were of various sizes, but each was at least 4 cms x 2 cms. 8. Two abrasions on the left knee joint 2 cm x 1/2 cm. 9. Lacerated wound in the middle of left leg 3cms x 2 cms skin deep. 10. 2 cms below injury No.9 lacerated wound 2 cm x 1 cm skin deep on the anterior aspect of left leg. Criminal Appeal No. 16-DBA of 1998 11. Lacerated wound on the left side of the ankle join 4 cms x 2 cms. The whole of ankle join swollen. On further dissection the bones were intact. 12. Lacerated wound on the middle of the right leg anterior aspect 3 cms x 2 cms. The bone was exposed. The tibia was broken into two pieces. It was grievous injury. 13. 4 cms below injury No.12 lacerated wound 1 cm x 1 cm skin deep. 14. Bruises multiple in number, on the right side of abdominal wall (anterior), corresponding part of right lower chest, infra axillary region corresponding part of back of the chest and abdomen. Each bruise was 4 cm x 3 cm at least. 15. The right forearm was fractured at the junction of upper 2/3rd and lower 1/3rd. On dissection both the bones i.e. ulna and radius were fractured, into multiple pieces. It was grievous in nature. 16. Lacerated wound on the middle of forearm posterior aspect 1 cm x 1 cm skin deep. On the same day i.e. on 16.4.1989 at 5.45 p.m., he (PW1) medically examined Jarnail Singh and found the following injuries on his person: - 1. Abrasion on the left tibial tuberosity 1.5 cm x 1 cm scab was formed, which was fresh. 2. Abrasion 2 in number on the left leg anterior aspect, one size 2 cm x 1 cm and the other 1 cm x cm. Fresh scab was present on the abrasion. 3. Abrasion on the flexor aspect of the knee joint (right) 2 cms x cm, fresh scab was formed over the abrasion. 4. Abrasion on the left arm, close to axillary fold 4 cms x cm. Fresh scab was formed over the abrasion. 5. Complained of pain in the left thenar region. No mark of injury was there.";