RAM LUBBAYA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RAM Lubbaya petitioner was tried for offences under Sections 326/324, Indian Panal Code. He was held guilty and was sentenced to undergo rigorous imprisonment for 1-1/2 years and to pay a fine of Rs. 500/- for the offence under section 326, Indian Penal Code and to further undergo rigorous imprisonment for one year and to pay a fine of Rs. 100/- for the office under section 324 Indian Penal Code by Judicial Magistrate 1st Class, Patti. Against this judgment recording his conviction, the petitioner filed an appeal which was allowed partly and sentence awarded to him was reduced under both the counts by the learned Sessions Judge, Amritsar as per judgment dated April 10, 1986. The present revision petition has been filed to assail this Judgment.

(2.) THE prosecution case in brief was that on March 26, 1984 Narinjan Singh PW hired the rickshaw of Sukhdev Singh, PW and brought it to his house as his daughter was to go to the bus stand along with her children. In the meantime, Ram Lubbaya petitioner arrived there armed with a Kirpan and attacked Sukhdev Singh. Kirpan blow hit Sukhdev Singh on his left hand. Narinjan Singh intervened when Ram Lubhaya also caused him an injury on his left arm with the Kirpan. Alarm raised by Sukhdev Singh and Narinjan Singh attracted Dalip Singh to the spot. On seeing him Ram Lubhaya fled away. The cause of occurrence was that earlier too Ram Lubhaya was having some dispute with Sukhdev Singh.

(3.) THE defense adopted by the petitioner was of complete denial. He deposed that he was falsely involved in the case and the witnesses had not told the truth. The suggestion given by him to the prosecution witnesses was that as he had filed a criminal complaint against Sukhdev Singh so Sukhdev Singh joined hands with Narinjan Singh and involved, him in this case with a view to pressurise him.