PRITAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Assailing the impugned judgment of conviction and order of sentence dated 15.11.1999, appellants convicts-Pritam Singh and Lakhwinder Singh sons of Amar Singh have directed the present appeal, whereby appellant-Pritam Singh was convicted and sentenced to undergo rigorous imprisonment for a period of four years, to pay a fine of Rs. 1,000/- and in default of payment of fine, to undergo further rigorous imprisonment for a period of four months, for the commission of offence punishable under Section 307 IPC, whereas appellant-Lakhwinder Singh was convicted and sentenced in the same terms and manner under Section 307 read with Section 34 IPC by the trial Judge.

(2.) Shorn off unnecessary details, the prosecution version, unfolded during the trial, is that complainant-PW1 Baldev Raj was running a Karyana Shop at Harchowal Road Qadian, while appellant-Pritam Singh was also running music(Tape-Recorder and Television) shop in the same vicinity. It was on 13.03.1996 at about 5.00 P.M., complainant-PW1 was present at his shop along with one Laddi son of Bahadur. Appellant-Lakhwinder Singh was present in the shop of his brother appellant-Pritam Singh. PW1 asked Laddi son of Bahadur to go to the music shop and asked appellant-Lakhwinder Singh to play a cassette of his choice on the Tape-Recorder but appellant-Lakhwinder Singh refused to oblige him. As a result of which, some altercation took place between them. In the evening, both the parties closed their shops and went to their respective houses.

(3.) The case of the prosecution further proceeds that on 14.03.1996 at about 9.30 A.M., PW1-Baldev Raj came and opened his shop. His uncles PW2-Gurmit Singh and Pritam Singh also reached there. Having opened his shop, as soon as, PW1 went to the tea stall (Halwai Shop) of Parkash for serving tea to his uncles, in the meantime, appellant-Pritam Singh wearing a small size 'kirpan'(Gatra) and appellant-Lakhwinder Singh empty handed came there. Lakhwinder Singh raised a 'lalkara' that he(PW1) should be taught a lesson for hurling abuses on him on the previous day. Thereafter, PW1 and appellant- Lakhwinder Singh grappled with each other and appellant-Pritam Singh gave a 'kirpan' (Gatra) blow on the left side of abdomen of PW1. As a consequence of which, he(PW1) felled on the ground. In the wake of noise/alarm raised by PW2-Gurmit Singh and Pritam Singh-PW, the appellants decamped from the spot. PW1 was removed in an injured condition to Civil hospital, Qadian, from where he was referred to Civil Hospital, Amritsar, and medico legally examined by PW5 vide MLR(Ex.PM). After receipt of wireless message with regard to admission of PW1 in the hospital, PW4-SI Hardev Singh went to the hospital and moved an application(Ex.PC) on which the doctor opined that the injured was unfit to make the statement. On 15.03.1996, he(PW4) again went to the hospital and moved another application (Ex.PD), whereupon the doctor vide his opinion (Ex.PD/1) declared the injured fit to make the statement. Thereafter, he recorded the statement (Ex.PA) of PW1, who thumb-marked the same in token of its correctness. PW4 made endorsement on it and sent the same to the police station for registration of the case, which formed the basis of formal FIR (Ex.PA/1).