KANTA BHATNAGAR,J. - (1.) THIS appeal is directed against the judgment dated October 31,1979 passed by the Additional Sessions Judge, No. 2, Hanumangarh by which appellant Arjun Singh was held guilty under sections 326 and 324 IPC and sentenced to 1 1/2 years Rl on the first count and 6 months Rl on the second count.
(2.) BRIEFLY stated the facts of the case are that Kor Singh complainant has given his land admeasuring 11/2 kills for wheat cultivation to Arjun Singh appellant. In lieu of that Arjun Singh and his son Nakshtra Singh were to look the field of Kor Singh. On March 26, 1978 at 9 -9.15 p.m. there was turn of water of Kor Singh. At 9.00 p.m. Kor Singh went to the house of Arjun Singh and called him out. He was informed by Arjun Singh's wife and children that he had gone to the field for irrigation. Kor Singh went to the field. In the way he met Arjun Singh and his son Nakshtra Singh at a distance of 1 killa from his field. He told them that it is time for irrigation and why were they not doing that and in case they would not irrigate the field in time, he would not give wheat to them. Arjun Singh told him that he would come in that way. Kor Singh insisted upon his coming in time. There was hurling of abuses. Arjun Singh inflicted a 'gandasa' blow on the right hand and fingers of Kor Singh. Kor Singh's fingers were cut and fell down. Arjun Singh then gave a 'gandasa' blow on the head and left wrist of Kor Singh. Nakshtra Singh inflicted a lathi blow on his back. Kor Singh raised a cry which attracted Babu Singh and Sukhdev Singh. On their reaching the site, the assailants ran away from there. Babu Singh and Sukhdev Singh brought Kor Singh to his house and thereafter took him to hospital Sadulsahar. His statement Ex. P/1 was recorded in the same night at 11.45 A.M. and on its basis FIR, was chalked out. Case under Section 307,326,324,323 read with 34 IPC was registered. Prahlad Rai (PW 9) SHO, Police Station Sadul Shahar went to the site and proceeded with the investigation. He prepared the necessary memos. The blood stained clothes of the injured were taken in possession. The accused were arrested. In pursuance of the information furnished by Arjun Singh 'gandasa' was recovered. In pursuance of the information furnished by Nakshtra Singh one lathi was recovered.: Upon completion of necessary investigation, chargesheet was filed in the Court of Judicial Magistrate No. 2, Hanumangarh. The case on Committal reached the court of Additional Sessions Judge No. 2, Hanumangarh. The learned Judge chargesheeted the appellants and recorded their pleas. Both of them denied the indictments and claimed to be tried. Nine witnesses were examined from the prosecution side. In their statements under Section 313 of the Code of Criminal Procedure, the accused denied the allegations levelled against them. Arjun Singh stated that on the day of occurrence after making the water flow in the field, he left the field. That, when he was at a distance of 2 -3 bighas from his house, he heard the cry from towards the house and found his wife raising the cry that Kor Singh had revised her. At this he inflicted lathi blow to Kor Singh while he was running. Kor Singh himself cut his fingers and falsely implicated him in connivance with the SHO and the Doctor. Nakshtra Singh stated that after making the water flow in the field, his father went away from there. As there was no injury on the back by any blunt object, the case against Nakshtra Singh was not held to be proved. However, the medical evidence supported the prosecution case regarding the sharp edged weapon being used in causing injuries to Kor Singh and his fingers being cut and the learned Judge held the appellant Arjun Singh guilty and passed the judgment under appeal.
(3.) I heard Mr. Narendra Singh, learned Counsel for the appellant and Mrs. Chander Lekha, Learned Public Prosecutor for the State and carefully examined the record of the case.;