STATE OF PUNJAB Vs. BAWA SINGH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave is directed against the judgment dated 11.11.2013 passed by the High Court of Punjab and Haryana in Crl. Rev. No. 1789 of 2013 whereby the High Court upheld the conviction of the respondent but reduced the period of sentence to the period already undergone.

(3.) The facts of the case in brief are that a FIR No. 151 dated 31.10.2004 was lodged against the respondent Bawa Singh and his wife Labh Kaur. The complainant Binder Singh alleged that on 30.10.2004 while he was going on his tractor to his fields he saw the respondent with a cycle and carrying a gandasa accompanied by his wife Labh Kaur whereupon he stopped his tractor. The respondent and his wife were alleged to have said that the complainant needed to be taught a lesson and allegedly hit the complainant with the gandasa. The cries of the complainant alerted his father Jangir Singh and his brother Hardev Singh who rushed to the spot whereupon the respondent and his wife fled abandoning the cycle. The complainant alleged that there was a property dispute between the parties. The complainant was admitted to a hospital and his statement was taken only on the next day i.e. 31.10.2004 on him being declared fit to do so. The site plan was prepared. The cycle was recovered from the spot and the gandasa was recovered on the basis of the disclosure statement of the accused. The respondent and Labh Kaur were arrested on 07.11.2004 and charges were framed against them under sections 323 and 326 IPC r/w section 34 IPC.