Darshan Singh vs State of Punjab

M.L. Singhal, J.

The prosecution case briefly stated is that Balwant Singh accused had taken 31/2 kilas of land on mortgage with possession from Karam Singh. For going to that land Balwant Singh had to pass through the other land belonging to Karam Singh. No separate passage was carved out for going to the land taken on mortgage by Balwant Singh from Karam Singh. On 30.11.1985 Karam Singh and his servant, Des Raj were working on their sugarcane crusher, crushing sugarcane near his dera (home stead). It was about 9 A.M., that Darshan Singh son of Mela Singh armed with toki, Joginder Singh, Arjan Singh and Balwant Singh sons of Mela Singh armed with dangs residents of village Bazurgwal came towards the said field on rehri for taking parali (sugarcane husk). They tried to pass their rehri not through that passage but through the sugarcane crop of Karam Singh. Karam Singh objected and asked them not to pass their rehri through his sugarcane crop and that they should follow the regular path, which was closeby. Thereupon, Darshan Singh etc. started abusing Karam Singh. Balwant Singh raised lalkara that Karam Singh be caught hold of and taught a lesson for stopping them from passing the rehri through his sugarcane crop. Arjan Singh and Joginder Singh dealt dang blows which fell on the back of Karam Singh. Balwant Singh dealt dang blow which fell on the chest of Karam Singh. Darshan Singh dealt toki blow which fell on the right lower leg of Karam Singh. Karam Singh fell on the ground. While he was lying fallen, he was given dang blow by Joginder Singh which fell on his left wrist. Arjan Singh gave dang blows which fell on his left upper arm, left thigh. Karam Singh''s servant Des Raj stepped forward and tried to intervene and save Karam Singh. He was given dang blow on his head by Balwant Singh. He was given dang blow by Arjan Singh. Dang blow fell below his right eye. Amarjit Kaur wife of Karam Singh who was coming towards the dera to milch the buffallo reached there. Arjan Singh son of Bhagat Singh who was ploughing in the closeby field, also came there. They raised raula. They rescued them from the fury of the assailants. The assailants ran away with their respective weapons. Sukhwinder Singh son of Karam Singh brought Karam Singh and Des Raj in a tractortrolley to Primary Health Centre, Noshera Majha Singh where they were admitted and medically examined. On 10.12.1985, ASI Lal Singh recorded the statement of Karam Singh on the basis of which case FIR No. 188 dated 10.12.1985 was registered at Police Station Noshera Majha Singh under Sections 324/323/34 IPC. Matter could not be reported to the police earlier as upto 9.12.1985, efforts were being made to bring about compromise by Avtar Singh, Sarpanch of village Lalowal, Balkar Singh s/o Bua Singh of village Chhimba and Puran Singh, Sarpanch of village Buzurgwal. Matter was reported eventually to the police on 10.12.1985 when efforts to bring about compromise had not borne any fruit. At the hands of Karam Singh, etc., Balwant Singh, etc. also received injuries. According to Karam Singh, they caused injuries to Balwant Singh, etc. in self defence. After investigation, Arjan Singh, Balwant Singh, Darshan Singh and Joginder Singh were challaned under Sections 307/326/325/323/34 IPC. Case was committed to the Court of Session by Sh. A.K. Sharma, Judicial Magistrate Ist Class, Gurdaspur vide order dated 31.1.1986. Sh. A.C. Aggarwal, Additional Sessions Judge, Gurdaspur charged Balwant Singh under Section 307 IPC while he charged Arjan Singh, Darshan Singh and Joginder Singh under Sections 307/34 IPC. He charged Darshan Singh under Sections 326/34 IPC. He charged Balwant Singh, Arjan Singh and Joginder Singh under Section 323 IPC, while he charged Darshan Singh under Sections 323/34 IPC. Accused pleaded not guilty to the charge and claimed trial.

With a view to bring home to the accused the charges levelled against them, the prosecution examined HC Paramjit Singh PW.1, Avtar Singh PW.2, Dr. H.S. Bajwa PW.3, Karam Singh PW.4, Des Raj PW.5, Dr. S.S. Bhinder SMO Primary Health Centre, Noshera Majha Singh, PW.6, Babu Ram Patwari, Halqa Sahari PW.7 and ASI Lal Singh, PW.8. Arjan Singh was given up as won over by the accused. Amarjit Kaur, Puran Singh, Balkar Singh, Constable, Ajit Singh, SI, Mohinder Singh were given up as unnecessary.

Accused when examined under Section 313 Cr.P.C. denied the imputations appearing in prosecution evidence against them and stated that it is a false case. Balwant Singh, accused pleaded that he had purchased piece of land measuring 31/2 kilas from Karam Singh, PW. He had given him no passage for that land. Said 31/2 kilas of land was 2 kilas away from the main path. That day he had loaded his rehri with parali when he was removing that parali lying in the said purchased land, he was stopped from doing so by Karam Singh etc. They stopped and attacked him and caused him injuries. He raised alarm. His brother Joginder Singh came to rescue him. They both were given injuries by Karam Singh and others and they also caused injuries to Karam Singh in self defence. They examined Dr. Inderjit Singh, Medical Officer, Primary Health Centre, Kalanaur in their defence.

At the conclusion of the trial, Sh. G.S. Savra, Additional Sessions Judge, Gurdaspur held Balwant Singh, Darshan Singh and Joginder Singh liable for their individual acts. He did not hold them liable vicariously on the principle enshrined in Section 34 IPC. He convicted Darshan Singh under Section 326 IPC and sentenced him to undergo RI for 2 years and to pay a fine of Rs. 500/ and in default of payment of fine, to further undergo RI for 6 months. He convicted Balwant Singh under Section 325 IPC and sentenced him to undergo RI for 1 year and 9 months and to pay a fine of Rs. 500/ and in default of payment to undergo further RI for 3 months. He convicted Joginder Singh under Section 323 IPC and instead of sentencing him to any imprisonment at once, he ordered his release on probation of good conduct under Section 4 of the Probation of Offenders Act, 1958. He did not find the charge proved against Arjan Singh as his participation was found to be doubtful, and he accordingly acquitted him. Aggrieved from their conviction and sentence recorded by Sh. G.S. Savra, Additional Sessions Judge, Gurdaspur vide order dated 21.8.1986, Darshan Singh and Balwant Singh have come up in appeal to this Court.

I have heard the learned counsel for the appellants, learned AAG for the State and have gone through the record.

Occurrence allegedly took place on 30.11.1985. Matter was reported to the police on 10.12.1985. There is thus 10 days delay in the reporting of the matter to the police. According to Karam Singh PW, the matter could not be reported to the police forthwith as Avtar Singh etc. were making efforts for bringing about compromise between them. Eventually, on 10.12.1985, when their efforts to bring about compromise did not materialise, the matter was reported to the police. Avtar Singh PW.2 has stated that they made efforts for 23 days for bringing about compromise but to no avail. That means, they made efforts for bringing about compromise upto 2nd or 3rd of December 1985. There is thus 7 days delay in the lodging of the FIR to the police. When there is delay in the FIR, FIR gets bereft of spontaneity. No wonder, there was some twist to actual facts. If there is delay in the lodging of the FIR, sometimes, the genesis of the occurrence gets shrouded in mystery.

Karam Singh PW.4 has stated that Balwant Singh accused had taken 31/2 kilas of land from him on mortgage. No separate passage was given to that land. Balwant Singh was given passage to that piece of land through his other land by him. On 30.11.1985 at about 9 A.M., he and his servant were working in their sugarcane crusher crushing sugarcane near the dera. Balwant Singh, Joginder Singh, Arjan Singh armed with dangs and Darshan Singh armed with toki came there in a rehri for fetching parali (sugarcane husk). They tried to pass the rehri through his sugarcane crop. He asked them not to pass rehri through his standing sugarcane crop and they should pass rehri through nearby passage. They insisted that they must pass rehri through his sugarcane crop. They started abusing him and unleashed attack on him and Des Raj with their respective weapons. Injuries given by them to Karam Singh and Des Raj need not be repeated here as they have been stated earlier. In his cross examination, he stated that he had not given any specific passage to Balwant Singh for going to the land in possession with him as mortgage. Balwant Singh, mortgagee used to pass through his other fields for going to mortgaged land out of necessity. Des Raj PW.5 has stated that no separate passage was carved out for the piece of land measuring 31/2 kilas which was on mortgage with Balwant Singh. Balwant Singh had to pass through the field of Karam Singh. Dr. S.S. Bhinder, S.M.O., Primary Health Centre, Naushera Majha Singh found the following injuries on the person of Karam Singh on his medical examination on 30.11.1985 at 11.25 A.M.

A reddish abrasion 14 cm x 1/2 cm placed obliquely on the right side of back.

A reddish abrasion 6 cm x 1/2 cm placed vertically on the right side of back 5cm from injury No.1.

Area surrounding the injuries 1 and 2 shows swelling and complaint of pain. Xray was advised for that part.

Complaint of pain on the right side of chest. Tenderness was present. Xray was advised for that part.

Swelling over an area of 6cm x 4cm on the dorsal aspect of the left hand. Xray was advised for that part.

Lacerated wound 1cm x 1cm triangular in shape skin deep placed horizontally on the outer aspect of the upper left arm 14 cm below the shoulder joint.

A reddish abrasion 9cm x 1/2cm placed obliquely on the outer aspect of the left thigh 17cm below the hip joint. Swelling and tenderness was present. Xray was advised for that part.

An incised wound 3cm x 1cm placed horizontally on the inner aspect of the right leg. The wound was bone deep 10cm below the knee joint. Xray was advised for that part.

In his opinion, duration of injuries was within 6 hours. Injury No. 5 was simple and rest were kept under observation. Injury No. 7 was with sharp weapon. Rest of injuries were with blunt weapon. He medically examined Des Raj at 12.05 P.M. on 30.11.1985 and found the following injuries on his person:

Swelling over an area 10cm x 10cm on the right parietal region of the skull. Complaint of pain all over the skull. Xray was advised for that part.

Reddish brown contusion covering upper and lower lid of the right eye. Complaint of pain in the eye. The injury was kept under observation for the opinion of the eye specialist. Both the injuries were kept under observation and were caused with blunt weapon. Probable duration of injuries was within 6 hours.

On receipt of Xray report in respect of Karam Singh, he declared injures 4 and 7 grievous while injuries 1, 2, 3 and 6 as simple. On receipt of Xray report in respect of Des Raj, he declared injury 1 as dangerous to life. He declared injury No. 2 as simple. He found that injury No. 1 on the right parietal region of the skull of Des Raj was sufficient to cause death in the ordinary course of nature but for timely medical aid. In his cross examination, he stated that the possibility of injury No. 1 on the skull of Des Raj having been suffered due to fall on some large hard object cannot be ruled out. Injury No. 2 on the person of Des Raj could be due to fall on a hard substance. He did not give opinion earlier that injury No. 1 on the skull of Des Raj was sufficient to cause death in the ordinary course of nature but for timely medical aid.

Dr. Inderjit Singh Medical Officer, PHC, Kalanaur medically examined Balwant Singh on 30.11.1985 at 1.10 P.M. and found the following injuries on his person:

An incised wound 2x0.5x0.75cm on the palmer aspect of right index finger on the distal phalnyx. Advised Xray right index finger.

An incised wound 2.5x0.5x0.75cm on the middle finger on the terminal phalynx. Injures 1 and 2 were in the same direction.

Another incised wound on the palmer aspect of right finger on the terminal phalynx and measured 1.05x0.25cm.

Swelling and tenderness in an area measuring 6x4cm on the dorsum of right hand in its medical part near the base of finger. Advised Xray right hand bones.

An abrasion 10cm x 1cm on the postro aspect of left thigh in its middle third and placed obliquely.

A bruise measuring 5cm x 1cm on the left scapular region. There was also swelling and tenderness. Advised Xray left scapular region.

A longitudinal bruise 11cm x 1cm on the left lower back 2.5cm from the mid line.

Complaint of pain in the scalp but there was no injury mark.

He kept injures 1, 4 and 6 under observation. Rest of the injuries were simple. Injures 1, 2 and 3 were the result of sharp edged weapon; rest of the injuries were the result of blunt weapon. Probable duration of injuries was within 18 hours. On 30.11.1985 at 1.40 P.M., he medically examined Joginder Singh and found the following injuries on his person:

An oblique incised wound 2.5x0.5.5x0.5cm on the entero medial aspect of left wrist.

Another incised wound 1.5x0.5cm x muscle deep on the right cheek.

A bruise in an area measuring 5x1.5cm in the left infra clavicular region. Advised Xray left clavicle.

A bruise 1x0.5cm on the medial aspect of left 7.5cm from the tip of medial malleolus.

Injury No. 3 was kept under observation, rest of the injures were simple. Injuries 1 and 2 were the result of sharp edged weapon, remaining injures were the result of blunt weapon. Probable duration was within 18 hours. On receipt of Xray report, he declared injury No. 1 on the person of Balwant Singh as grievous. He declared injury No. 3 on the person of Joginder Singh as grievous on receipt of Xray report. In his crossexamination, he stated that possibility of the injuries on the person of Balwant Singh and Joginder Singh being selfsuffered and selfinflicted, cannot be ruled out.

There are injuries on both sides. In the FIR also, Karam Singh had stated that they caused injures to Balwant Singh''s party in the exercise of their right of self defence. It is thus apparent that both parties caused injuries to the other. Balwant Singh etc. were passing through the sugarcane crop of Karam Singh for going to their land which was on mortgage with them. Karam Singh and Des Raj restrained them from passing through their land. It was Karam Singh who had allowed Balwant Singh to pass through his field for going to the land which was in his possession as mortgagee. Each party dealt blows on the other. It requires to be seen which party opened the attack and which party acted in repelling that attack. Balwant Singh, etc. should have been given the benefit of doubt and acquitted by the learned Additional Sessions Judge. In this case the question requiring determination was whether Karam Singh etc. were aggressors. Without recording a categoric finding, he should not have convicted Balwant Singh etc. He could convict Balwant Singh etc. only if he came to the conclusion that they were aggressors; and they opened the attack first and Karam Singh etc. acted in repelling that attack.

For the reasons given above, I am of the opinion that the learned Additional Sessions Judge unjustifiably convicted the appellants and sentenced them. So, this appeal is accepted. Appellants are acquitted of the charge framed against them. Fine, if paid, shall be refunded to them.