JASBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JASBIR Singh was the complainant in this case, who on April 16, 1998 lodged the report with ASI Balbir Singh, on the basis of which case under Section 324 read with Section 34 IPC was registered vide FIR No. 27 at Police Station Maur. The occurrence had taken place on April 15 in which Jasbir Singh and his brother Nachattar were attacked by Gurdev Singh and his brothers Naib Singh and Tarsem Singh. Gurdev Singh and Naib Singh were armed with 'gandasa' and Tarsem Singh was armed with 'Phaura'. On Tarsem Singh's 'Lalkara' Naib Singh inflicted a 'gandasa' blow on Jasbir Singh's head leading to both falling down from the bi-cycle, on which they were riding. When Nachattar Singh tried to intervene Gurdev Singh gave a 'gandasa' blow on his left hand. Nachattar Singh received another 'gandasa' blow on his head which was given by Gurdev Singh and Naib Singh also hit on his head. Lastly, Tarsem Singh administered a 'phaura' blow on Jasbir Singh.

(2.) JASBIR Singh and Nachattar Singh were medico-legally examined by Dr. Ashwani Kumar. The controversy in this case relates to injuries 3 and 4 on the person of Nachattar Singh which were described as under by Dr. Ashwani Kumar :

(3.) THE learned Addl. Sessions Judge adopted a novel procedure after the case had been committed by requiring Nachattar Singh to be re-examined by a Board of Specialists constituted by the Chief Medical Officer Bathinda at the instance of the accused. The report of the Board dated September 1, 1998 was that there was no evidence of fracture seen and as such all the four injuries suffered by Nachattar Singh were simple in nature. Consequently, the charge was framed against the accused under Sections 324, 323 and 34 IPC as no prima facie case was found punishable under Section 307 or 326 IPC. Therefore, after framing the charge the case was sent back to the Chief Judicial Magistrate Bathinda for trial.