Kanwaljit Singh Ahluwalia, J. - (1.) PRESENT criminal appeal has been preferred by Jagir Singh son of Phuman Singh, Sukhdev Singh and Harnek Singh, both sons of Jagir Singh. They were convicted and sentenced by the Court of Additional Sessions Judge, Ferozepur vide his judgment and order dated 28th August, 1997 to undergo RI for three months under Section 447 IPC. Sukhdev Singh was substantively sentenced under Section 324 IPC whereas others with the aid of Section 34 IPC to undergo RI for 1 = years and a fine of Rs.500/ - each, in default of payment of fine to undergo three months. Jagir Singh and Harnek Singh were substantively sentenced under Section 324 IPC whereas Sukhdev Singh with the aid of Section 34 IPC to 1 = years RI and a fine of Rs.500/ - each, in default of payment of fine to three months RI. Harnek Singh was further sentenced under Section 323 IPC whereas Jagir Singh and Sukhdev Singh with the aid of Section 34 IPC to RI for six months each. They were nominated as accused in case FIR No. 145 dated 24th July, 1980 registered at Police Station Dharamkot under Section 326/324/323/447/34 IPC.
(2.) AFTER investigation of the challan, report under Section 173 Cr.P.C. was submitted and they were committed by the Court of Sub Divisional Judicial Magistrate, Zira to the Sessions Court for trial. On their appearance before the Court of Additional Sessions Judge, Ferozepur, they were charged for having committed criminal trespass in the fields of Mohinder Singh while ploughing their fields with the intent to cause injuries, for offence under Section 447. They were charged for causing injuries to Mohinder Singh. Sukhdev Singh was substantively charged for causing kirpan blow on the left leg of Mohinder Singh punishable under Section 326 IPC with the aid of Section 34 IPC. Jagir Singh and Harnek Singh were substantively charged under Section 324 IPC for causing sharp edge injuries to Mohinder Singh whereas Sukhdev Singh was charged with the aid of Section 34 IPC. Harnek Singh was substantively charged with offence for causing blunt weapon injuries to Mohinder Singh under Section 323 IPC whereas Jagir Singh and Sukhdev Singh were charged with the aid of Section 34 IPC. Mohinder Singh (PW -2) son of Lehna Singh stated in statement Ex.PA before PW -4, ASI Fauja Singh at Civil Hospital Dharamkot that he is an agriculturist and he had purchased about 92 kanals of land and on the day of occurrence, at about 9.00 a.m. he was ploughing 33 kanals 19 marlas of land with tractor, which was on the name of Pritam Singh, Gurbhag Singh and Suba Singh. When Pritam Singh armed with Gandasa, Gurbhag Singh armed with single 12 bore gun and Lakha Singh armed with single 12 bore gun were sitting on the ridge of the field, then Jagir Singh armed with Kirpan, Sukhdev Singh armed with Kirpan and Kirpal Singh armed with Gandasa came at their tractor. After parking the tractor, all the three raised lalkara that they will teach lesson to complainant party for ploughing the land and all the three came in front of his tractor. Mohinder Singh stopped the tractor. Then Harnek Singh gave a Gandasa blow, which hit on his forehead. Jagir Singh gave a Kirpan blow, he raised his right arm and the same hit on his right arm. Sukhdev Singh gave a Kirpan blow on his left leg. Then Harnek Singh gave a Gandasa blow from the reverse side which hit on his left arm. Then Pritam Singh and Suba Singh came forward to separate them and caused injuries to Jagir Singh and Sukhdev Singh. It was further stated that he also used his Kirpan to save himself. It was further stated that Gurbhag Singh gave a blow from a fire arm. Then Gurbhag Singh and Lakhu Singh made a one fire shot, which hit Harnek Singh. Cause of grudge is said to be dispute over the land.
(3.) AFTER the FIR was investigated, challan was submitted as stated earlier, case was committed and the charges were framed. Prosecution examined PW -1 Dr. Gian Singh, Medical Officer, Additional Primary Health Centre, Dharamkot. He found following injuries on the person of Mohinder Singh: 1. An incised wound 5.5 cm x 0.5 cm bone deep on the left side of fore -head. Start from upper part of fore -head towards head. Bleeding was freshly present on examination. 2. An incised wound 5.0 cm x 0.5 cm bone deep on the medial aspect of lower part of right fore -arm. 3. A swelling was present around the upper part of left fore -arm with centrally placed reddish abrasion 1 cm x 0.3 cm in size. 4. An incised wound 4 cm x 0.5 cm x bone deep on the front and upper part of left leg. Bleeding was freshly present on examination. Underlying bone showed corresponding superficial cut.;