HARVINDER PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of present appeal, the appellant is challenging his conviction and sentence under Section 307 IPC. Vide impugned judgment and order dated 16.1.1997, learned Additional Sessions Judge, Jalandhar had convicted the appellant under Section 307 IPC and sentenced him to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 2,000/- and in default of payment of fine, to undergo rigorous imprisonment for six months.

(2.) According to the prosecution, the occurrence had taken place on 26.2.1994 at about 8.00 p.m. near the Gurudwara of Gopal Nagar, Jalandhar. The street light was on at that time. When Balbir Singh and his nephew Harbir Singh reached there, they found the appellant present there. The appellant raised a lalkara that he would teach a lesson to Balbir Singh for stopping him from coming to his shop. The appellant then gave a dagger blow in the stomach of Balbir Singh. The second blow given by the appellant landed on the forehead above left eye of Balbir Singh. Alarm raised by Harbir Singh attracted the residents of the Mohalla. Seeing them, the appellant ran away from the spot while carrying the dagger with him.

(3.) Injured Balbir Singh was medico legally examined by Dr. P.N. Datta, E.M.O., Civil Hospital, Jalandhar on 26.2.1994 at about 9.30 p.m., who found the following injuries on his person: