BIR SINGH AND ANR. Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the Judgment and Order on Sentence dated 26th May, 1999 whereby the appellant was convicted under Section 324 of Indian Penal Code and was released on probation.

(2.) THE case of the prosecution in nutshell was that there was animosity between the family of the appellant and the family of complainant Kirpal Singh and some civil cases were pending between them. On 19th September, 1991, at about 6.30 am, when the complainant Kirpal Singh, accompanied by one Satish was coming home via Ring Road, the appellant and his father Surat Singh accompanied by another person, whom he did not know, stopped their scooter near him. Surat Singh abused him and threw him on the ground. When his companion Satish tried to rescue him, the third person accompanying the appellant and his father Surat Singh slapped him. Thereafter, the appellant took out a knife and gave two knife blows to him, one at his chest and the other on his back. All of them then fled away on the scooter. The complainant was brought to Safdarjung Hospital by his companion Satish Kumar. On being informed, the police reached the hospital and recorded the statement of the complainant. The appellant and his father Surat Singh were charge sheeted under Section 307/34 of IPC.

(3.) SATISH Kumar came in the witness box as PW -7, but, did not support the prosecution. He denied having seen the incident, though, admitted that he was returning with Kirpal Singh.