DHIAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision has been directed against order of conviction and sentence recorded by the Additional Chief Judicial Magistrate, Kapurthala dated January 23, 1988 vide which petitioners, Dhian Singh and his wife Darshan Kaur was held guilty for offences under Sections 365/323/34 IPC and sentenced to undergo RI for two years and to pay fine of Rs. 2000/- each, or in default thereof to further undergo RI for six months, under Section 365 IPC. They were also sentenced to undergo RI for six months under Section 323 read with Section 34 IPC. All the sentences were, however, ordered to run concurrently. The appeal that came to be preferred against order of conviction and sentence, as referred to above, was dismissed by learned Additional Sessions Judge, Kapurthala, vide order dated September 24, 1988.

(2.) PROSECUTION of the petitioners is based on the facts that Ranbir Kaur, aged 18 years, daughter of Joginder Singh, was residing in village Ibban in the house of her maternal grand-father. The house of the petitioner was in the neighbourhood and there used to be some dispute between the parties on the question of smoke which came out from the hearth of the petitioners and the complainant and other members of the family objected to it. On May 3, 1985 at about 4 P.M., Ranbir Kaur and her friend Manjit Kaur came to their house from the fields and when they were near the house of petitioners, they were found standing in the door of their house. The petitioner Darshan Kaur caught hold of Ranbir Kaur from her hand and on the instigation of petitioner Dhian Singh, Ranbir Kaur was dragged inside the house by Darshan Kaur petitioner. Dhian Singh also stated that she would be taught a lesson for picking up quarrels. Ranbir Kaur was pulled in the house of petitioners. Darshan Kaur then gave teeth bite on the left cheek of Ranbir Kaur, who fell down and then she was given injuries with Sota on other parts of the body by Dhian Singh. Ranbir Kaur raised hue and cry and this attracted Nasib Kaur and Dial Singh, who got the door opened and rescued Ranbir Kaur. She was medically examined by Dr. Deepak Sanan and matter was subsequently reported to the police.

(3.) DR . Deepak Sanan, PW3 stated that on May 3, 1985 he had medically examined Gurmit Kaur d/o Joginder Singh and had found following injuries :- (i) Semi-circular abrasion with multiple teeth mark 2.5 cm x .25 cm on the left cheek raddish contusion 2.5 cm x 3 cm on the left cheek with overlying three abrasions 0.5, 1 cm 0.75 cm in length. This contusion also covered semi-circular abrasions. (ii) Reddish contusion 6 cm x 4 cm over the right scapula region, 5 cm from the right inferior angle of scapula. (iii) Abrasions 13 cm x 4 cm on the posterior aspect of right arm, 4 cm from the right elbow joint. (iv) There was diffuse swelling of left gluteal region with overlying reddish vertical contusion 21 cm x 3 cm extending from anus to the left anterior superior illac spine. (v) There was diffuse swelling covering area of 14x8 cm with reddish vertical contusion 12 cm x 2 cm on the postero-lateral aspect of left thigh 16 cm above the left knee joint.