Ajmer Singh and others vs State of Punjab

K.P.S. Sandhu, J.—The three petitioners, namely Ajmer Singh, Mukand Singh and Beant Singh, were tried, convicted and sentenced as under :

Ajmer Singh U/S 326 IPC R.I. for one and a half years & fine of Rs. 250/, or in default of payment of fine further R.I. for 3 months.

U/s 325 IPC R.I. for 6 months.

U/s 323 IPC R.I. for 3 months.

Mukand Singh & Beant Singh U/s 326/34 IPC R.I. for one year and a fine of Rs. 100/ each or in default further R.I. for one month.

U/s 325/34 IPC R.I. for three months each.

U/s 323 IPC R.I. for 3 months each.

Their conviction and sentence were upheld by the lower Appellate Court. They have come up in revision before this Court.

The prosecution case is that on August 7, 1981 these three petitioners armed with various weapons caused injuries to Mohinder Singh and Gurnam Kaur PWs. The two injured were medically examined by Dr. O.P. Goyal, PW1, on August 8, 1981 at 10.00 A.M. In this occurrence Mukand Singh petitioner and Nihal Kaur wife of Beant Singh petitioner also received injuries, for which Mohinder Singh PW and his father Maghar Singh were tried in a crosscase. Mohinder Singh PW denied that he or his father ever caused any injuries to Mukand Singh petitioner and Nihal Kaur wife of Beant Singh petitioner. Both the Courts below discarded the version of the prosecution as well as that of the defence but came to a finding that it was a case of free fight and that this occurrence had its origin in the quarrel of girls of the two sides. Both the parties had come in an agitated mood. So obviously the Courts below have neither accepted the version of the prosecution nor of the defence and have come out with a new case of free fight. It is the settled law that the Courts cannot reconstruct a case for the prosecution. In this view of the matter this petition is allowed and the conviction and sentence of the petitioners are set aside.