JOGINDER PAUL @ SONU @ GUGGU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence passed by Additional Sessions Judge, Amritsar on 19.7.2000 whereby the Appellant was convicted under Section 307 IPC and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of 5,000/-and in default of payment of fine, to undergo further rigorous imprisonment for one year.

(2.) According to the prosecution, the Appellant had caused indiscriminate chhuri blows to Harish Chander-complainant on 30.6.1997 at 9.00 PM. At that time, Hira Lal, co-accused of the Appellant had caught hold of Harish Chander whereas Om Parkash, co-accused, exhorted the Appellant to kill him. The motive behind the assault was that Gug, sister of the Appellant had a quarrel with Dimpa, a friend of Harish Chander. Dimpa had quarelled with the Appellant a number of times. The Appellant had a suspicion that it was Harish Chander, who was helping Dimpa.

(3.) Learned Counsel for the Appellant has made a valiant attempt to convince the Court about the innocence of the Appellant. However, after going through the testimony of PW-3 Harish Chander, who had received injuries in the case, the Court is not impressed with the stand taken on behalf of the Appellant. Dr Inderjit Singh Bagga PW-4 had found 7 injuries on the person of Harish Chander. Out of them, injury Nos. 1 and 2 were declared dangerous to life. Whatever delay occurred in lodging of the FIR, its benefit has already been given to Hira Lal and Om Parkash, co-accused of the Appellant, as they stand acquitted already of the charges against them. Therefore, the Court has no other option but to confirm the conviction of the Appellant.