HARBHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present Petitioners/accused - Harbhajan Singh and Hari Singh, along with Amrik Singh, Satnam Singh and Gurdarshan Singh, were charged for the offences under Sections 323, 325/149, 148 and 341 IPC and were tried for those offences by the Additional Chief Judicial Magistrate, Patiala. They were convicted for the offences under Sections 323, 325/149 and 148 IPC and were acquitted of the offence under Section 341 IPC, vide judgment dated 11.9.2003. They were sentenced as under:

(2.) AS per the prosecution version, on 26.10.2008 at about 8/8.30 p.m Davinder Singh -complainant PW1, along with Bhinder Singh, Rupinder Singh PW2 and other boys, was bursting crackers in the Dharamshala of the village. In the meanwhile, Satnam Singh -accused, while under the influence of alcohol, came to that place and asked them why they were bursting the crackers at that place and asked them to go to their respective houses. He caught hold the complainant by his neck and slapped him on his face. He was saved from that accused by Bhinder Singh and Rupinder Singh. At that time Satnam Singh -accused was accompanied by Gurdarshan Singh, who was asked by Satnam Singh to call their father. After sometime he brought his father Hari Singh and his brother Harbhajan Singh and Amrik Singh to that place. In their presence Satnam Singh abused the complainant, upon which he caught hold of him and gave a slap on his face. However, Bhinder Singh and Rupinder Singh intervened and thereafter he along with them started towards his tube well. When they reached near the house of Dev Singh, they were encircled by the accused and at that time all of them except Hari Singh were armed with sticks whereas Hari Singh was armed with iron rod. Hari Singh gave a blow with that iron road on the right leg below the knee. Harbhajan Singh gave a blow with his stick on his head. Gurdarshan Singh gave a stick blow on his left leg and Amrik Singh gave a stick blow on his right elbow. Thereafter Satnam Singh gave a number of blows with his stick. He raised an alarm and was saved from the accused by Bhinder Singh and Rupinder Singh. From the spot he was removed to his house and then to Rajindra Hospital, Patiala, where he was medically examined by Dr. Beant Singh PW4. The injuries found on his person were detailed in the M.L report Ex.PW5/A. On 27.10.2000 Bhag Singh SI, on receipt of the information regarding the admission of the injured into hospital, went to that place and gave application Ex.PW3/A to enquire about the fitness of the injured, who was declared fit by the doctor to make a statement vide Ex.PW3/A. Then he recorded his statement Ex.PW2/A. After recording his police proceedings he sent the same to the police station and FIR Ex.PW3/C was recorded on the basis thereof. The SI went to the place of occurrence and prepared the rough site plan with correct marginal notes. Injuries on the person of the complainant were subjected to radiological examination and on the basis of the X -ray report injury No. 1 was declared as grievous by the doctor, vide his endorsement Ex.PW5/C, made on the application Ex.PW3/F moved by the SI for obtaining that opinion. In the course of investigation, the accused were arrested on 29.10.2000. Amrik Singh and Harbhajan Singh produced sticks whereas Hari Singh produced one iron rod before the SI, which were taken into possession vide a recovery memo. After the completion of investigation, the challan was put in before the Additional Chief Judicial Magistrate, Patiala, who after the conclusion of the trial convicted and sentenced the accused, as aforesaid.

(3.) AT the time of arguments, learned Counsel for the Petitioners/accused did not challenge the conviction so recorded by the appellate Court. However, he challenged the order of sentence and submitted that Petitioners/accused have already undergone imprisonment for a period of two months and the sentence so imposed upon them be reduced to the period already undergone. Learned State counsel has submitted that if the sentence is to be reduced then suitable compensation be awarded to the complainant/injured for the injuries suffered by him.