DEVINDER SINGH AND ANR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 27.7.2001 passed by Additional Sessions Judge, Faridkot whereby the Appellants were convicted under Section 308 IPC and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 500/ - each and in default of payment of fine, to undergo further rigorous imprisonment for three months. They were also convicted under Sections 324/34 IPC and sentenced to undergo rigorous imprisonment for a period of one year each. They were further convicted under Sections 323/34 IPC and sentenced to undergo rigorous imprisonment for a period of six months each. The substantive sentences were ordered to run concurrently.

(2.) According to the prosecution, the occurrence had taken place on 2.11.1998 at about 6.00 p.m. when complainant Raju after grazing his cows was returning to his house and reached near the house of Nahar Singh in the street. The Appellants alongwith Jagsir Singh accused also reached there. All of them grappled with the complainant and felled him on the ground. Jagga Singh gave a kirch blow which hit on the complainant on his left ear whereas the Appellants gave kick blows on other parts of his body. On an alarm raised by the complainant, Nahar Singh and many other villagers reached there and, on seeing them, the three accused ran away.

(3.) The complainant was medico legally examined by Dr.K.K. Aggarwal on 6.11.1998, who found the following injuries on his person: