SEWA DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been directed against the judgment of conviction and order of sentence dated 4.6.2001 (hereinafter as 'impugned judgment') passed by the learned Additional Sessions Judge, Jalandhar (hereinafter as 'trial Court'), whereby the accused-appellant stands convicted for the commission of offence punishable under Section 307 and 323 IPC and has been awarded sentence of rigorous imprisonment for a period of 5 years with a fine of Rs. 2000/- under Section 307 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of four months. He has been further sentenced to undergo rigorous imprisonment for a period of six months under Section 323 IPC. Both the substantive sentences have been ordered to run concurrently.

(2.) THE brief facts of the prosecution case are that on 2.8.1998 at about 8.30 p.m., complainant-Deepak Kumar along with Mukesh Kumar had gone to the market of Allawalpur to purchase household articles. It being late evening, the market was well lit. They went to the Kiryana shop owned by Situ son of Muni Lal to purchase goods. Accused Sewa Dass, who was on a bicycle, came near them. His mother-in-law, namely, Darshna, who was holding Kahi in her hands, was sitting on the carrier of the bicycle. Accused stopped his bicycle and hurled an abuse and raised Lalkara that he will take revenge of his insult from the complainant. Darshna also raised a Lalkara and while handing over the kahi to the accused - Sewa Dass, exhorted him to teach a lesson to the complainant. Accused-Sewa Dass took Kahi from his mother-in-law and gave a blow from the sharp side in the middle of the head of the complainant. Resultantly, the blood started oozing out. Meanwhile, the accused gave another Kahi blow from the reverse side on the person of complainant which hit him on his back and head. The complainant raised raula whereupon, Mukesh Kumar came forward and tried to save the complainant. Accused-Sewa Dass also gave two Kahi blows on the person of said Mukesh Kumar from its reverse side which hit on his left arm and behind the shoulder. Both of them raised raula which attracted Jaswinder Kumar and others to the spot. Thereafter, accused-Sewa Singh and Darshna slipped away along with the Kahi. The complainant was shifted to the hospital where he was medically examined by Dr. Rakesh Kumar (PW3), who immediately referred the injured-complainant to the Civil Hospital, Jalandhar, as he was unconscious and started convulsing.

(3.) IN order to substantiate its case, the prosecution examined as many as 13 witnesses, namely, Dr. Kanwaljit Singh Bawa as PW1, Dalip Singh, Draftsman as PW2, Dr. Rakesh Kumar as PW3, Deepak Kumar as PW4, Dr. Charanjiv Singh as PW5, Banarsi Dass as PW6, Mukesh Kumar as PW7, C. Iqbal Singh as PW8, ASI Gurpartap Singh as PW9, C. Milkhi Ram as PW10, Dr. Ajay Yadav as PW11, Dr. Rakesh Kumar as PW12 and Subhash Chander as PW13.