SANJIV KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants have filed the present appeal against the judgment and order dated 11.5.1998 passed by Additional Sessions Judge, Jalandhar. Vide impugned judgment, Sanjiv Kumar-appellant was convicted under Section 308 IPC while Rajesh Kumar @ Raju under Section 308 read with Section 34 IPC and both of them were sentenced to undergo RI for a period of one year and to pay a fine of Rs.300/- each. In default of payment of fine, they were to undergo further RI for a period of two months.

(2.) The FIR was registered on the basis of statement Ex.PD made by Nirmala Kumari PW4 . She stated therein that her husband Dhani Ram Kapur was working in the Irrigation Department at Pathankot. He would visit Jalandhar on the evening of every Friday. On 10.3.1995 her brother Devinder Kumar had come to meet her at about 6.30 p.m. At that time she was washing the floor of her house. In the meantime, both the appellants came there and asked her as to why she had thrown the dirty water in the street. The complainant told them that she had washed the clothes and the dirty water would pass into the drain. Both the appellants started abusing her. When her husband prevented them, they went back to their respective houses. At about 8.15 p.m. when the complainant and others were talking to each other in her house, both the appellants again came there and started abusing her. The complainant enquired from them as to why they were abusing. On this, both of them stated that they would teach her a lesson for throwing the water in the street. The appellants picked up brick bats and went on the roof of their house and started throwing brick bats. Brick bat hurled by Sanjiv Kumar hit on the head of her brother Devinder Kumar, who fell down and became unconscious. On an alarm being raised by the complainant and her husband, both the appellants fled away from the scene.

(3.) Devinder Kumar was medico-legally examined by Dr.Ramesh Kumar of Civil Hospital, Jalandhar who found a lacerated wound of 2cm x 1cm x bone deep on the left side of the scalp. The injury was kept under observation. Dr.Munish Bansal of D.M.C. Ludhiana also medically examined the injured and gave his report to the effect that the injury found on the scalp of injured Devinder Kumar was grievous in nature. Dr.R.K.Kaushal gave an opinion on the application moved by the police that the injury found on the person of Devinder Kumar was dangerous to life on the basis of findings at the time of operation.