DALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DALBIR Singh petitioner was convicted for an offence under Section 326, Indian Penal Code and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/ -. In case of default of payment of fine, he was to further undergo rigorous imprisonment for four months. Against this judgment of his conviction, Dalbir Singh preferred an appeal which was dismissed by Sh. M.L. Singhal, Additional Sessions Judge, Gurdaspur as per judgment dated, August 26, 1985 after the sentence of rigorous imprisonment awarded to him was reduced to nine months.

(2.) THE prosecution case in brief was that Gian Singh, PW was running a lathe on Aliwal Road, Batala. He resided in Mohalla Ajit Nagar and there was a vacant plot measuring 6 Marlas adjacent to his house. He purchased that plot a year before the occurrence from one Bawa Singh. Dalbir Singh petitioner and Taswir Singh who were the real brothers of Bawa Singh were annoyed on account of sale of plot by Bawa Singh and they had an altercation with Gian Singh, PW. Subsequently, security proceedings were also initiated and Gian Singh, PW was taken into custody. In his absence Dalbir and Taswir Singh raised a wall and also constructed a kotha in the plot. Gian Singh filed a civil suit regarding that site.

(3.) ON April 23, 1983 at 8.00 p.m., Gian Singh went to the plot in question in order to plan some construction thereon. In the meantime Dalbir Singh armed with Kirpan came there and hit Gian Singh on his head with that Kirpan. Taswir Singh brother of Dalbir Singh also reached there to assist Dalbir Singh. Alarm raised by Gian Singh attracted Balwinder Kaur and Balbir Singh. In the meantime Jit Singh co -accused of the petitioner too reached the spot and gave Dang blows to Gian Singh. Gian Singh was rescued by Balbir Singh and Balwinder Kaur and was taken to Civil Hospital, Batala where he was medically examined by Dr. V.K. Malik. Injury on the head of Gian Singh was X -rayed and it was declared grievous. After completion of the investigation, statement of Gian Singh was recorded by A.S.I. Hans Raj on the basis of which case was registered against Dalbir Singh and Jit Singh. Both of them were tried for causing injuries to Gian Singh and were convicted by the trial Court but in appeal Jit Singh was acquitted while sentence awarded to Dalbir Singh was reduced.