JUDGEMENT
K.S.Tiwana, J. -
(1.) THIS revision is directed against the dismissal of the appeal of the Petitioners by the learned Additional Sessions Judge, Amritsar against their conviction under Sections 452,324 and 323 read with Section 34 of the Indian Penal Code for trespassing into the house of Hazara Singh (PW 5) in village Jallupur Khera on October 4, 1971 at about 9 P.M., and causing injuries to Mohinder singh, Hazara Singh and Shrimati Dhan Kaur, P Ws.
(2.) THE story of the prosecution is that on October 4, 1971 Hazara Singh, Mohinder Singh and Smt. Dhan Kaur, P Ws were present inside their house. Gurnam Singh, Petitioner armed with a kirpan, raising catcalls under the influence of liquor, came in front of their house and abused them. Mohinder Singh tried to dissuade them from their rowdy conduct, but he and the other Petitioners variously armed trespassed into the house. Banta Singh caused injury with his kirpan on the left thumb of Mohinder Singh. Gurnarn Singh gave injury with his kirpan ON THE LITTLE FINGER of the left hand of Mohinder Singh. Rattan Singh gave an injury to Mohinder Singh on the right ear with his spear in a thrusting manner. Mohinder Singh fell down. Dhan Kaur who tried to intervene was given injury by Rattan Singh with the stick of the spear. Banta Singh gave injury with his kirpan thrustwise on the right fore -arm. On the intervention of Hazara Singh, he was given a kirpan blow by Gurnam Singh on his right forearm. All the accused then caused more injuries to Hazara Singh and Dhun Kaur Mohinder Singh and Hazara Singh also gave injuries to the Petitioners in their self -defence hereafter the Petitioners left the place of occurrence alongwith their weapons. The injured P Ws were taken to Civil Hospital, Baba Bakala,. Dr. Piara Singh found one bluish red contusion on the right scapular region of Dhan Kaur. The injury was simple.
Dr. Hardial Singh, on medico -legal examination of Mohinder Singh, found an incised wound between the thumb and index finger of his left hand; and incised wound on the anterior side of the little finger of his left hand; an incised wound on the anterior side of the ring finger of his left hand; a stab wound on the right side of his face; a bruise on the left side of the back and an abrasion on the anterior side of his left arm above the elbow joint.
(3.) HAZARA Singh was found to have a bruise on the anterior side of the right thigh above knee joint; an abrasion on the back of his right fore -arm and a stab wound on the lateral side of right arm.;
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