BAKSHISH SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners have been convicted by the Court of Judicial Magistrate Ist Class, Patiala and Additional Sessions Judge, (Fast Track Court), Patiala vide orders dated September 14, 2005 and May 14, 2010 under Sections 324, 341 read with Section 34 IPC in a case registered at the instance of complainant Amrik Singh on June 29, 2002 to the effect that on said date he alongwith Harmesh Kumar was coming back after taking bath at tubewell on Splendor motor cycle when they were way-laid by petitioners Bakshish Singh, Nirmal Singh, sons of Prithi Singh and Balwinder Singh. Bakshish Singh gave a soti blow on the motor cycle which was damaged.

(2.) Then the complainant and Harmesh Kumar fell on the motorcycle. While the complainant was lying on the ground, Nirmal Singh gave a blow with Kahi hitting on the side of thumb of his right foot and the injury started bleeding. While the complainant was still lying on the ground, he was given kick blows. Meanwhile, Hakam Singh and Davinder Singh reached the spot, therefore, the petitioners fled away from the spot. The medico legal examination of Amrik Singh was conducted. After considering the evidence and conduct of the petitioners, following sentence was imposed by the Courts below:- <FRM>JUDGEMENT_465_LAWS(P&H)9_2010.htm</FRM>

(3.) I have heard counsel for the petitioners and counsel for the State and taken up the revision petition for final disposal. The injury on the person of Amrik Singh with sharp edged weapon is attributed to Nirmal Singh. So far as petitioners No.1 and 3, Bakshish Singh and Balwinder Singh are concerned, they have been convicted for offence under Section 324 IPC with the aid of Section 34 IPC. Petitioner No.1 Bakshish Singh and petitioner No.3-Balwinder Singh have already undergone sentence of imprisonment for a period of two months till July 14, 2010 when they were granted the concession of bail. Petitioner No.2-Nirmal Singh is still in custody.