SATGURU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant was tried for an offence under Section 307, I.P.C. by the learned Additional Judge, Special Court, Bhatinda in connection with the injuries inflicted upon Hardev Singh on 21st September, 1984. The learned Special Judge convicted the appellant for an offence under Section 326, I.P.C. and sentenced him to undergo rigourous imprisonment for a period of two years and to pay a fine of Rs. 500/- and in default to undergo regorous imprisonment for three months. Out of the fine, the injured was directed to be paid Rs.200/- as compensation.

(2.) Through this appeal under Section 14 of the Terrorist Affected Areas (Special Courts) Act, 1984 the appellant has challenged his conviction and sentence.

(3.) Mr. M.S. Gujral, the learned senior counsel appearing for the appellant vehemently argued that since the FIR on the own showing of the prosecution had been lodged after an inordinate delay of 10 days, the very basis of the prosecution case had been rendered doubtful. Learned counsel submitted that according to the prosecution case, the occurrence had taken place on 21st September, 1984 at about 7.30 a.m. and the injured had been immediately removed to the hospital by his uncle from where rukka Ex. PD was sent by the doctor to the police station informing them about the arrival of the injured at the hospital but the First Information Report was recorded only on 1st October, 1984 at 6.30 p.m. and that the explanation for the delay is not satisfactory.