KULDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and sentence dated 09.02.2001 by which Kuldip Singh, accused-Appellant was convicted under Section 324 IPC. The learned trial court sentenced the Appellant to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 1000/-or in default thereof to further undergo rigorous imprisonment for a period of 3 months.

(2.) Brief facts of the case are that Amrik Singh, PW2 was going to his house after his duty was over on 14.02.1998 at about 6.30 p.m. On the way Sukha caught hold of him and Kala took out a knife from his pocket and gave a stab blow in his right abdomen. He raised alarm, as a result of which Surjit Singh, father of the complainant and Lakhwinder Singh came to the spot. They rescued the complainant from clutches of the accused. The accused ran away from the spot and the injured was brought to Guru Nanak Dev Hospital, Amritsar, where he was medically examined. The motive behind the attack was that accused Kala had installed a Bhathi (hearth) in the street for frying Pakauras, which was removed by the police on the complaint of Amrik Singh, PW2, the injured. On the statement Ex-PE of the injured, an FIR Ex-PE/2 was recorded in the police station. After completion of investigation Kuldip Singh-Appellant was sent up for trial alongwith other co-accused.

(3.) The learned Magistrate committed the case to the Court of Session for trial. Accused-Kuldip Singh was charged under Section 307 IPC, whereas his co-accused Sukhdev Singh @ Sukha and Swaran Singh @ Kala were charged under Section 307 read with Section 34 IPC to which they pleaded not guilty and claimed trial.