S.S. Dewan, J. - (1.) LABH Singh aged 20 years, Gurdev Singh aged 35 years and Major Singh aged 18 years stand convicted under section 307 read with section 34, Indian Penal Code, and sentenced to undergo rigorous imprisonment for five years and a fine of Rs. 1,000/ - or in default to undergo rigorous imprisonment for six months.
(2.) THE prosecution story in brief is that Ujagar Singh (P.W. 1), who is unmarried, belongs to village Mangewal. He is joint with his deceased elder brother Magher Singh's sons Bhajan Singh, Kaur Singh injured (P.W. 2) and Kaka Singh. Bhajan Singh is married. Their land bearing Khasra Nos. 406 and 407 is situate inside the village Phirni. During the days of this occurrence they cultivated maize crop in an area of about l 1/2 bighas while ohari crop in an area of about 2 1/2 bighas in the said land. The village he buffaloes and other cattle used to trespass in their land and damage the crops. Kaur Singh used to sleep there during the night time to guard against the same. He used to go there at about 8 or 9 P.M. and return from there at about 5 A.M. next morning. The land of Banta Singh was taken on lease by Gurdev Singh and Tota Singh, father of Labh Singh accused. They asked Kaur Singh for irrigation of that land from their tubewell but he declined their request. Labh Singh had suspicion against Kaur Singh P.W. for his having illicit liaison with his younger sister. The prosecution story goes that on the night intervening 4.5/9/1974 at about to 10 P.M., Kaur Singh went to his land, where chari and maize crop had been cultivated, for sleeping. He spread his cot in between the plots of those crops. Fifteen minutes thereafter, he heard some sound whereupon he thought that the village he buffalo had come. He got up and shouted out but he did not find he buffalo there. He again lay on the bad. While he was yet semi -asleep, he heard sound and saw in the moon light all the accused standing near by him holding their gandasas. They challenged Kaur Singh to move by remarking that he was considering himself saand. He entreated to them by extending his left hand to spare him but Major Singh and Gurdev Singh opened the attack by giving gandasa blows to him. When he tried to ward off the blows by raising his left hand he sustained some injuries on his left hand and head He became unconscious on receipt of the injuries. When Knur Singh did not return to his house on following morning, his uncle Ujagar Singh went to his land to enquire about the cause of his not coming back. He found Kaur Singh lying injured and in unconscious condition on his cot. Ujagar Singh returned to the village and informed his brother Soudagar Singh regarding that incident, Kaur Singh was removed to Civil Hospital Barnala in a tractor -trolly where he was admitted at about 9.30 A.M.
(3.) DR . B.L. Jindal, who medically examined Kaur Singh at about 10 A.M. on 5 -9 -1974, found as many as 11 injuries on his person. The injuries were stated to be the result of sharp weapon caused within a duration of 24 hours. The injured was comatoss and did not respond to call. He moved his limbs occasionally in vague fashion. On receipt of ruqa Exhibit P.B. from the doctor Assistant sub -Inspector Bakhsish Singh went to the hospital at about 10 A.M. The injured was lying unconscious in the operation theatre. He recorded the statement Exhibit P.A. of Ujagar Singh which formed the basis of first information report P. A./2. the Assistant Sub Inspector went to the spot and prepared its visual plan Exhibit P.N. and look into possession blood -stained earth from underneath the cot lying at the spot Kaur Singh was declared fit to make a statement on 29 -9 -1974 and then his statement was recorded. The accused were arrested on 6 -10 -1974. Kaur Singh was discharged from the hospital on 16 -10 -1974. Dr. B.L. Jindal opined vide his report Exhibit P. 1/1 that the injuries sustained by Kaur Singh could have proved dangerous to life. After necessary investigation, the accused were challaned and committed;