STATE OF PUNJAB Vs. SOHAN LAL AND ANR

JUDGEMENT

(1.) This appeal is directed against the acquittal of Sohan Lal accused and his son Joginder Pal alias Gurbax in an offence under Section 307/3251324 read with Section 34 of the Indian Penal Code by the learned Additional Sessions Judge, Ludhiana.

(2.) Sohan Lal accused and complainant Paras Ram PW.2 are real brothers. They reside in Gagandeep Colony, Basti Jodhewal, Ludhiana. Sohan Lal accused and his brother Paras Ram PW.2 had a dispute with regard to the partition of plot located in Balmiki Colony, Ludhiana. This plot is measuring 220 Sq. yards only. The parties had their separate houses in Gagandeep Colony.

(3.) Now the case of the prosecution is that on the night intervening of 20/21.6.1990, when Paras Ram was sleeping alone on the roof of his house, he received an injury on his head. When he got up he saw Sohan Lal and his son Joginder Singh alias Gurbax standing there armed with daggers. Gurbax gagged his mouth with a piece of cloth. Sohan Lal accused gave two dagger blow on both legs of Paras Ram. Gurbax gave fist blow to him on his mouth as a result of which two teeth from the left side of lower jaw were uprooted. Paras Ram raised an alarm. Thereupon Gurbax inflicted a dagger blow in his left arm pit. After inflicting injuries both the assailants ran away. On hearing the alarm Kashmira Singh had been attracted to the scene of occurrence and witnesses a part of the occurrence. He also took Paras Ram to Christian Medical College and Hospital, Ludhiana.