JATINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Jatinder Kumar, who was nominated as an accused in case FIR No. 48 dated 26.06.1999 registered at Police Station Kurali under Sections 323, 325 IPC, has preferred present revision petition. In the above said FIR, petitioner was tried by the Court of Judicial Magistrate (1st Class), Rupnagar. The trial Court held the petitioner guilty of an offence punishable under Section 323, 325 IPC and sentenced him to undergo rigorous imprisonment for a period of three months under Section 323 IPC. The petitioner was further sentenced under Section 325 IPC to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 200/-, in default of payment of fine to further undergo rigorous imprisonment for 15 days. Both the sentences were ordered to run concurrently.

(2.) Aggrieved against the same, petitioner had filed an appeal. The lower appellate Court finding no merit in the appeal, dismissed the same. Hence, conviction and the sentence of the petitioner were maintained. Thus, the present revision petition has been filed.

(3.) FIR in the present case, was registered on the basis of statement Ex.PW3/A made by Sadhu Ram PW-1, who stated that he was grazing his buffalos in the fields of Sant Singh and was sitting on the ridge of the field. It was about 8.30 p.m. when the accused Jatinder Kumar came there and enquired as to why the complainant was sitting on the ridge of the field. It seems that at that time some hot words were exchanged. The accused snatched a stick from the hands of the complainant and caused him injuries. The complainant projected pendency of the civil litigation to be a motive behind the occurrence. It is not disputed that the petitioner was real nephew of the complainant injured Sadhu Ram.