SHAM SUNDER,J. - (1.) THIS judgment shall dispose of Criminal Appeal No. 85-SB of 1994, filed by Balbir Singh, accused (now appellant), against the judgment of conviction, and the order of sentence dated 4.2.1994, rendered by the Court of Addl. Sessions Judge, Barnala, vide which it convicted Balbir Singh, accused/appellant, for the offence, punishable under Section 307 IPC, and sentenced him, to undergo rigorous imprisonment, for a period of five years, and to pay a fine of Rs. 2000/- and in default of payment of the same, to undergo rigorous imprisonment for another period of one year, and Criminal Revision No. 263 of 1994, filed by Ajmer Singh, complainant/revision- petitioner, against the judgment of acquittal of Darshan Singh, Dev Singh and Malkiat Singh. The trial Court, however, acquitted Darshan Singh, Dev Singh and Malkiat Singh, accused.
(2.) THE facts, in brief, are that on 10.5.1991, at about 8.00 PM, Dalbar Singh, and his son Shamsher Singh, were present, in their house, in village Chhiniwal Kalan. The house of Sarwan Singh, is in front of their house. They heard noise, from the house of Sarwan Singh. Dalbar Singh, and his son Shamsher Singh, came out of their house, and entered the house of Sarwan Singh. Atma Singh, brother of Dalbar Singh, was already present there. They found Balbir Singh and Malkiat Singh, both sons of Sarwan Singh, fighting with each other. Balbir Singh had a gandasa, in his hand, and Malkiat Singh, a soti. Shamsher Singh, stepped forward to separate them. He caught hold Balbir Singh, of his arms, and asked him, as to why, they were fighting with each other. Thereupon, Balbir Singh told Shamsher Singh, that he would be taught a lesson for helping Malkiat Singh. Balbir Singh, accused, gave a gandassa blow, on the head of Shamsher Singh, as a result whereof, he fell down. When Shamsher Singh, was lying, on the ground, Balbir Singh, accused, gave another gandassa blow, on his head. Alarm was raised. In the meanwhile, Darshan Singh, accused, also came there. Balbir Singh, accused, ran away, after causing injuries, on the person of Shamsher Singh. Dalbar Singh, his brother Atma Ram, and Darshan Singh, brought Shamsher Singh, to Civil Hospital, Barnala, and got him admitted there. Since, his condition was critical, he was referred to Ludhiana, for better treatment. When Shamsher Singh, was under-treatment, at Ludhiana, Dalbar Singh, went to the Police Station on 12.5.1991, and made his statement, on the basis whereof, DDR was recorded. Subsequently, on receipt of the report of the Doctor, FIR, on the basis of the said report, was registered, on 28.5.1991. The case was investigated by Jaswinder Singh, ASI. Balbir Singh, accused, was arrested. The statements of the witnesses were recorded. After the completion of investigation, he was challaned. In the meanwhile, a private complaint, with regard to the same incident, was filed by Ajmer Singh, brother of Shamsher Singh, which was committed to the Court of Sessions. In the complaint, it was stated that on 10.5.1991, at about 8.00 PM, when Shamsher Singh, was present in his house, a noise was heard, from the house of Sarwan Singh and Bagga Singh. Hearing that noise, Shamsher Singh, went to the house of Bagga Singh and Sarwan Singh, and found all the four accused, namely Balbir Singh, Darshan Singh, Dev Singh and Malkiat Singh, quarreling with each other, after taking liquor. Shamsher Singh, asked them, not to quarrel, with each other, whereupon Darshan Singh, accused, took Shamsher Singh, in the fold of his arms, and the other three accused, namely Dev Singh, Balbir Singh and Malkiat Singh, caused injuries, on the person of Shamsher Singh with gandasas. Shamsher Singh, sustained 4 injuries, on his person. When alarm was raised, Sohan Singh and Atma Singh, who were passing through the street, in front of that house, were attracted to the spot, and they rescued Shamsher Singh, from the accused, with great difficulty. Shamsher Singh, was left in his house, wherefrom, he was taken by Darshan Singh, accused, to Civil Hospital, Barnala. Subsequently, he was referred to CMC Hospital, Ludhiana, for better treatment, on 11.5.1991. Jugraj Singh, brother of Shamsher Singh, informed the Police of Police Station Mahal Kalan, about this occurrence, but they did not take any action. Immediately, Sadhu Singh, Panch, was also informed about the same.
(3.) THE copies of the documents, in the challan case, as also in the complaint case, as per the provisions of law, were supplied to the accused, by the Court of the Committing Magistrate. After the cases were received by commitment, in the Court of Sessions, the same were clubbed together, for the purpose of trial, as the same pertained to the same occurrence.;