Bana Singh And Another vs State Of Punjab

1. Bansa Singh, Jaswant Singh and Balbir Singh were tried for offences under Sections 326/34 I.P.C., 436 I.P.C., 450 I.P.C. and Section 27 of the Arms Act by the learned Additional Judge of the Special Court, Ferozepore. Vide its judgment dated 1-4-1985, the learned trial Court acquitted Jaswant Singh of all the charges leveled against him. So far as Bansa Singh and Balbir Singh are concerned, they were acquitted of the charges under Section 450 I.P.C. as well as 436 I.P.C., but, convicted for the offence under Section 326/34 I.P.C. and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 100/- each and in default to further R. I. for one month each. This appeal has been filed under Section 14 of the Terrorist Affected Areas (Special Courts) Act, 1984. From the memo of the appeal, we find that the appeal has been preferred by Bansa Singh and Jaswant Singh. No appeal has been preferred by Balbir Singh convict. Jaswant Singh had been acquitted by the trial Court and we are at a loss to understand as why an appeal was filed on his behalf and no appeal was filed on behalf of Balbir Singh whose power of attorney is on the record. Be that as it may, as at present, we find there is no appeal on behalf of Balbir Singh convict before us and since Jaswant Singh stands acquitted, this appeal is to be considered for and on behalf of Bansa Singh only.

2. According to the prosecution case Bansa Singh - appellant was not having good terms with Faqir Chand P.W. 4, who was running an Atta Chakki (Flour Mill) in village Moranwali, District Faridkot. The dispute between them was regarding the charges for grinding of wheat. On the night intervening 14/ 15th June 1984, while Faqir Chand PW4 was lying on a cot and his servant Gian Chand was grinding wheat at the flour mill, Bansa Singh and Balbir Singh, each armed with a kirpan, along with Jaswant Singh armed with a pistol appeared at the scene. Jaswant Singh fired two shots from his pistol, which, however, did not hit Faqir Chand. Harbans Singh alias Bansa Singh and Balbir Singh then caused injuries with their respective kirpans to Faqir Chand. Gian Chand, the servant of Faqir Chand P.W. 4 and Smt. Rani P.W, the wife of Faqir Chand saw the assault on Faqir Chand PW4. They raised alarm on which the accused ran away along with their respective weapons. Smt. Rani informed Nachhattar Kumar about the incident and Faqir Chand was removed to the hospital at Faridkot with the assistance of Nachhattar Kumar and others. The Medical Officer of the Civil Hospital, Faridkot sent report to the police station Sadar, Faridkot regarding the arrival of the injured at the hospital on which ASI Ranjit Singh visited the hospital and recorded the statement of Smt. Rani wife of Faqir Chand P.W. 4. On the basis of her statement Ex. PH, formal FIR was drawn up. The investigation was taken in hand by Ranjit Singh ASI. The accused were arrested and thereafter sent up for trial, as noticed above.

3. The prosecution examined Dr. R. K. Arora, PW1, Dr. Karam Chand PW2, Dr. Jaidev Singh PW3 besides Faqir Chand P.W. 4 and Smt. Rani P.W. 5. Ranjit Singh ASI the investigating officer was examined as PW6.

4. Dr. R. K. Arora, P.W. 1 examined Faqir Chand PW4 on 15-6-84 at 2.30 a.m. and found the following injuries on his person:

1. An incised wound 11 cm x 6 cm over outer side of the left arm sliding off the skin which was reflected with base behind.

2. An incised wound 9 cm x 4 cm x bone deep over front of the left shoulder joint. It had 5 cm long tail in front of the wound (which was horizontally placed) which extended on to the front on left side of the chest (injury was kept for x-ray and report of Orthopaedic surgeon).

3. An incised wound 10 cm x 3.5 cm over dorsum of left wrist joint and hand. The wrist joint was open and tenders over back of the joint were cut.

4. An incised wound 20 cm x 3 cm obliquely placed over left side of the face. Upper end of the wound was near left ear. It came down cutting through the chin and ended on the right side of the mid line.

5. Incised wound 5 cm x 1 cm over the upper lip mostly over its left half it was obliquely placed, its left end being at a higher level.

6. Three incised wounds placed vertically one below another over left side of abdomen in the mid axillary line (a) 4 cm x 0.25 cm (b) 4.5 cm x 0.25 cm x 0.25 cm (c) 6 cm x 0.25 cm x 0.25 cm.

7. An incised wound 19.5 cm x 2.5 cm over the left side of back of chest. Upper end of the wound was to the right side of the mid line and was at the level of about the lower angle of scapule. Lower end was at about the level of umblicue. It had 2.5 cm long tail at the lower end (x-ray).

8. Incised wound 7 cm x 1 cm x 3/c tissue deep over the front of right arm.

9. Incised wound 9.5 cm x 1 cm x bone deep over top and back of right side of scalp (x-ray).

5. Injuries 2, 3, 4, 5, 7 and 9 were found to be grievous while injuries 1, 6 and 8 were found to be simple in nature. Dr. Jaidev Singh PW3 who had first treated the injured deposed that between June 15,84 and June 17,1984, the injured, on account of the injuries received by him, was not in a fit condition to make a statement and that he had so informed the investigating officer.

6. The eye-witnesses account has been given by Faqir Chand PW4, the injured himself as well as by his wife Smt. Rani PW5. Faqir Chand PW4 has deposed about the manner of assault on him and has given a consistent version of the occurrence, He stated that he had become unconscious after receipt of the injuries and regained consciousness in the Civil Hospital at Faridkot which fact is corroborated by P.W. 3, Dr. Jaidev Singh. He also deposed about the grudge which the appellant had against him. Smt. Rani, PW5 also made a consistent statement and corroborated the version given by her in the FIR. Both P.Ws 4 and 5, were subjected to lengthy cross-examination, but nothing was elicited, which can in any way throw any doubt about their truthfulness or the veracity of their evidence. The stages of investigation and the manner of arrest has been given in detail by ASI Ranjit Singh PW6.

7. We find that the evidence led by the prosecution is consistent and cogent. PW4 Faqir Chand, injured is a stamped witness who would not leave out the real assailant and implicate any innocent person. Jaswant Singh made a statement to the effect that he was not present on the alleged date of occurrence in the village, as he had gone to the house of Bikkar Singh along with some other Granthis for performing Akhand Path. Tarlok Singh DW1, Bikkar Singh DW 2 and Gurjant Singh, DW 3 were examined in defence by him. We need not detain ourselves to consider their statement in view of the order of acquittal recorded in so far as Jaswant Singh is concerned.

8. The prosecution evidence on the record, in our opinion, has established the manner in which the occurrence took place and has brought home to guilt in so far as Bansa Singh and Balbir Singh convicts are concerned. Their conviction and sentence in so far as the offence under Section 326/34 I.P.C., as recorded by the trial Court, is well merited and does not call for any interference. The appeal, therefore, fails and is dismissed.

9. Bansa Singh @ Harbans Singh was released on bail by an order of this Court. His bail bonds are cancelled. He shall be taken into custody to undergo the remaining part of the sentence.