JAGGA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present appeal has been filed by Jagga Singh son of Pala Singh. He was tried in case FIR No.88 dated 30.8.1996 registered at Police Station Jaitu under Section 324/34 IPC and later offence under Section 307 IPC was added. The trial Court vide impugned judgment dated 1.6.1998 held appellant Jagga Singh guilty for offence under Section 307 IPC and sentenced him to undergo rigorous imprisonment for five years and to pay a fine of Rs.500/-, in default of payment of fine to undergo further rigorous imprisonment for two months.

(2.) In the present case, FIR was registered on the basis of statement Ex.PF made by Sohan Singh injured to ASI Manjit Singh. The statement was made on 30.8.1996 at 11.15 A.M. at Guru Gobind Singh Medical College and Hospital, Faridkot. ASI Manjit Singh received the information regarding admission of the injured and reached Hospital, after obtaining opinion from the doctor regarding fitnes of the injured, statement of Sohan Singh injured was recorded. Sohan Singh stated that he is resident of Jaitu and for earning his livelihood, he was maintaining a flock of sheep and goats. Accused Jagga Singh and his son Beera Singh were having their permanent residence at Jaitu. They were also having their house in the village at a short distance. Few days before the occurrence, Beera Singh had stolen the lamb and one cock belonging to the complainant. Complainant had gone to the house of Jagga Singh and had made a protest. On 30.8.1996 at about 12.30 P.M., Sohan Singh and his wife Gurnam Kaur were lying in their Barra and were exchanging small notes, when Beera Singh empty handed and Jagga Singh armed with gandasa came there. Beera Singh raised a lalkara and Jagga Singh gave a gandasa blow from the right side which hit on the face of Sohan Singh above the cheek. Gurnam Kaur raised noise. Both the accused decamped from the spot along with the weapon. Cause of grudge stated was that complainant had protested regarding theft of lamb and cock. This was not relished by the accused, therefore, they with common intention came at the spot and caused injuries. On the basis of the statement Ex.PF made by Sohan Singh, formal FIR Ex.PF/3 was registered. Report under Section 173 Cr.P.C. was submitted. Beera Singh died during investigation, therefore, could not be put to trial. On 10.2.1997, Additional Sessions Judge, Faridkot charged the appellant for offence under Section 307 IPC. The appellant pleaded not guilty and claimed trial.

(3.) Dr.Sarbjit Singh Sandhu PW2 medico legally examined the complainant on 30.8.1996 at 5.00 A.M. and found the following injuries on his person:-