Crl. Revision No. 1455 of 2005

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

Crl. Revision No. 1455 of 2005

Date of decision: February 14, 2011

Gurcharan Singh and others

...Petitioners

Versus

State of Punjab

...Respondent

CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH

Present:

Mr. JS Brar, Advocate,

for the petitioners.

Ms.Gagan Mohni, AAG, Punjab.

GURDEV SINGH, J. (Oral)

Gurcharan Singh, Jagsir Singh and Mukhtiar Singh were

charged for the offences under Sections 323, 324 and 326 read with Section

34 IPC for having voluntarily caused hurt and grievous hurt with the help of

instruments of cutting to Bikkar Singh complainant (PW-1), in furtherance

of their common intention. On the basis of the evidence produced by the

prosecution, in the form of ocular evidence, consisting of the statement of

the said complainant, Resham Singh (PW-2); medical evidence, furnished

by Dr. H.S. Gill (PW-3) and the corroborative evidence furnished by Surjit

Singh ASI (PW-4) Investigating Officer, the Judicial Magistrate Ist Class,

Moga, convicted the accused for the aforesaid offences and sentenced them

as under:-

Crl. Revision No. 1455 of 2005

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Jagsir Singh

(i) to undergo rigorous imprisonment for a period

of two years under section 326 IPC and to pay

fine of ` 500/-, in default thereof to further

undergo imprisonment for a period of one month;

(ii) to undergo rigorous imprisonment for a

period of six months under section 324/34 IPC;

and

(iii) to undergo rigorous imprisonment for a

period of three months under section 323/34 IPC.

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Gurcharan Singh (i) to undergo rigorous imprisonment for a period

of two years under section 326/34 IPC and to pay

fine of ` 500/-, in default thereof to further

undergo imprisonment for a period of one month;

(ii) to undergo rigorous imprisonment for a

period of six months under section 324 IPC; and

(iii) to undergo rigorous imprisonment for a

period of three months under section 323/34 IPC.

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Mukhtiar Singh

(i) to undergo rigorous imprisonment for a period

of two years under section 326/34 IPC and to pay

fine of ` 500/-, in default thereof to further

undergo imprisonment for a period of one month;

(ii) to undergo rigorous imprisonment for a

period of six months under section 324/34 IPC;

and

(iii) to undergo rigorous imprisonment for a

period of three months under section 323/34 IPC.

Feeling aggrieved against that conviction and sentence, they

preferred an appeal, which was dismissed by the Additional Sessions Judge,

Moga, vide judgment dated 13.7.2005. Now they have preferred the present

revision petition against that conviction and sentence.

The accused were nursing a grudge against Bikkar Singh-

complainant on account of irrigation of his land with the help of canal

water. On 3.7.1999 at about 10 p.m. he was going to his fields on a bicycle

and was being followed by his brother Resham Singh, on the other bicycle.

When they reached near the fields of Kaka Ram Pandit, the accused met

them. At that time Gurcharan Singh was armed with a gandasa, Jagsir Singh

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armed with a dah and Malkiat Singh was armed with a kassauli. Jangir

Singh remarked that they were just waiting for him and when he replied that

he has not caused any loss to them, Gurcharan Singh gave blow with his

gandasa from the sharp side on his head, as a result of which, he fell down.

While he was lying on the ground Jagsir Singh gave a dah blow on the

finger of his left hand and Mukhtiar Singh gave a blow with his kassauli on

his left arm. The complainant raised an alarm and his brother challenged the

accused, upon which they ran away from the spot with their respective

weapons. From the spot he was lifted by his brother and was taken to his

house and the occurrence was disclosed by his brother to their third brother

Makhan Singh. Thereafter, he was removed to Civil Hospital Baghapurana

and was admitted at that pla