NAIB SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The brief facts of the case are that the complainant/injured, Naranjan Singh (PW-1), got recorded his statement to ASI Mohinder Singh (PW-4), to the effect that he had five daughters and two sons. On 22.7.2008, at about 5.00 p.m., Naranjan Singh went to the place near the bus stand of his village where elderly people of his village used to sit together. At about 5.30 p.m., his younger son, Pargat Singh, was coming to the village from his field. The petitioner, Naib Singh, who is the nephew of the complainant/injured, Naranjan Singh, armed with Gandasa also reached from village side and exhorted to teach a lesson to him (Naranjan Singh) for not casting the votes in his (Naib Singh) favour in the panchayat election, and inflicted a Gandasa blow on the upper portion of the head of Naranjan Singh. Thereafter, gave another blow of Gandasa, which hit on the wrist of right, hand below the palm. Another blow from reverse side of Gandasa, was inflicted on right shoulder and yet another blow from its reverse side on the back of Naranjan Singh. Pargat Singh, being empty handed did not come near the petitioner, Naib Singh, due to fear. However, the noise was raised by him (Pargat Singh). Resultantly, the petitioner, Naib Singh, ran away with his weapon of offence from the spot.

(2.) Naranjan Singh was got admitted in the hospital where he was medico-legally examined. On the basis of the statement of Naranjan Singh, formal FIR for the offences punishable under Sections 323 and 324, IPC, was registered. After receipt of X-ray report, Section 326, IPC, was added. After completion of the investigation, the charge-sheet for the prosecution of the petitioner was presented. He was charge-sheeted for the offences punishable under Sections 323, 324 and 326, IPC.

(3.) To substantiate its allegations, the prosecution examined Naranjan Singh as PW-1, Pargat Singh as PW-2, Dr. Vijay Kumar as PW-3, ASI Mohinder Singh as PW-4 and thereafter the prosecution evidence was closed.