RAM LAL ALIAS RAMIU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE challenge in the present petition is to the orders passed by the two courts below convicting the petitioners for an offence under Sections 325, 323 read with section 149 Indian Penal Code and sentencing to undergo imprisonment for a period of 3 years each and to pay a fine of Rs. 1000/- each in default of payment of fine to further undergo R.I. for 6 months each under Section 325 Indian Penal Code and to undergo R.I. for 6 months each under Section 323 Indian Penal Code. The sentences were ordered to run consecutively.

(2.) THE petitioners were convicted on the allegations that on 3.11.1993, Hardial Singh ASI while he posted at City Abohar, he received Medico Legal Report of Bant Singh PW 1. It was stated that he has received injuries. he sought the opinion of the doctor whether Bant Singh was fit to make statement. P.W. 5 Dr. R.K. Arora, opined that he was fit for making statement and consequently statement was recorded Ex. PA on the basis of which the prosecution case was set in motion.

(3.) ON completion of investigation, the police put up a report under Section 173 Cr.P.C. The prosecution produced various witnesses including injured P.W. 1 Banta Singh.