BOOTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Boota Singh, the appellant has brought this appeal against the judgment of his conviction dated 07.09.2001 passed by learned Additional Sessions Judge, Muktsar for an offence punishable under sections 452 and 325 IPC and the order on sentence of the same date vide which he has been sentenced to undergo the following punishments, which were ordered to run concurrently: <FRM>JUDGEMENT_796_TLP&H0_2012_1.html</FRM>

(2.) Jasvir Kaur, complainant is a resident of village Lundewala. She is the wife of Nachhattar Singh, the injured. On 16.03.1998, at about 9.00 or 10.00 PM, she alongwith her husband and other members of her family was there at her house. They were talking with each other after taking meals. A lighted lantern was with them at that time. They heard someone using abusive language in the street. On hearing the same, Nachhattar Singh came out to see as to who was there. He saw accused Boota Singh there, who was abusing him. When Nachhattar Singh asked him as to the reason for abusing him , Boota Singh gave a blow with axe , which he was having in his right hand on the right side of Nachhattar Singh, as a result of which he fell down. The complainant and her son Megha Singh, who had also come out in the meanwhile, raised alarm, on account of which, the appellant ran away with his axe. Nachhattar Singh was taken to Civil Hospital, Gidderbaha, where he was medicolegally examined. On information coming from the hospital, ASI Manjit Singh visited the hospital and applied for information to the doctor regarding fitness of Nachhattar Singh to make statement. Nachhattar Singh was declared unfit to make statement at 1.40 AM on 17.03.1998. Opinion was again sought in this regard at 10.00 AM on 17.03.1998. Still the injured was declared unfit to make statement. Nachhattar Singh was then referred to Medical College, Faridkot. Consequently, statement of the complainant Jasvir Kaur was recorded in which she narrated the aforesaid facts and had added thereto that Nachhattar Singh was the mediator in the marriage of Meeta Singh, a brother of the accused and Meeta Singh had separated from his family. Boota Singh was unhappy with the injured Nachhattar Singh because Meeta Singh had separated from the family. The statement of Jasvir Kaur was sent to the police station by Manjit Singh, ASI with his endorsement on which the case was registered. Manjit Singh, ASI then went to the spot and prepared a rough site plan thereof. Blood stained earth was also taken into possession vide recovery memo Ex.PK. Thereafter, the appellant was arrested. During custody, he was interrogated and he made a disclosure statement , in pursuance of which the axe alleged to be used in the occurrence was got recovered. Rough site plan of the place of recovery was prepared and after preparing a rough sketch of the axe, it was taken into possession by way of a recovery memo. On completion of other formalities of investigation, challan against the appellant was prepared and presented in the court.

(3.) Charge was framed against the accused for an offence punishable under sections 452 and 308 IPC, to which the accused pleaded not guilty and claimed trial.