JASBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Jasbir Singh-appellant was tried in the Court of Sh. H.R. Nohria, Additional Sessions Judge, who vide his judgment and order dated August 1, 1990 convicted the appellant for offences under Sections 326 and 324 IPC and awarded him the following sentences: Under Section 326 IPC: Sentenced to R.I. for 10 years and to pay a fine of Rs. 10,000/- or in default of payment of fine to further undergo R.I for one year. Under Section 324 IPC: Sentenced to R.I. for three years. Both the sentences of imprisonment are ordered to run concurrently. The occurrence is alleged to have taken place on May 24, 1989 at about 6/7 P.M.

(2.) According to the prosecution allegations, Jasbir Singh is working as a goldsmith. His nephew Bittu used to work with him at his shop, but had left that work. Parminder Singh PW was on visiting terms with Bittu and the appellant suspected that Parminder Singh was responsible for instigating Bittu to leave that work and on that account the appellant carried a grudge against Parminder Singh. On the date of occurrence, at about 617 P.M. Parminder Singh and Bittu were coming from the side of Bazar and proceeding towards their house. When they reached near the shop of the appellant, he abused Parminder Singh, when he protested against it, the appellant brought out a hockey stick from inside the shop. In the meantime, Ranjit Singh P.W. emerged out of his house situated infront of the shop of the appellant. Harbhajan Singh, father and Mangal Singh and Santokh Singh brothers of Parminder Singh also reached the spot. The appellant aimed a hockey blow towards Parminder Singh, but Harbhajan Singh caught hold of the same. The appellant then went inside the shop and brought a bottle containing acid. When he tried to throw the bottle on the P.Ws. the bottle hit the wall and the acid fell on these person. Bittu was, however, able to run away. The appellant picked up another bottle containing acid and threw acid on Parminder Singh, Mangal Singh and Santokh Singh. Harbhajan Singh then gave 2-3 hockey blows to Jasbir Singh. Mangal Singh and Santokh Singh were removed to the Civil Hospital, Moga from where they were referred to CMC Ludhiana. Parminder Singh and Harbhajan Singh were medically examined in the civil Hospital, Moga, the next day. Parminder Singh made his statement to the police Ex. PL which was recorded by ASI Tek Chand, who forwarded it with his endorsement Ex. PL/I to the police station where formal F.I.R. Ex. PL/2 was registered. The appellant was arrested on July 15, 1989. The prosecution examined Parminder Singh P.W. 9, Mangal Singh P.W. 10, and Ranjit Singh P.W. 11, who corroborated the entire version.

(3.) Intimation about the arrival of Mangal Singh, Santokh Singh and Parminder Singh at the Civil Hospital was sent by Dr. Yash Pal P.W. 3 to the police. They had arrived at 7.10 P.M. on the same day, Jasbir Singh-appellant arrived with head injury at 7.20 p.m. and he was referred to CMC Ludhiana, and intimation was sent to the Police Station about his arrival also. Dr. Mathew Santosh P.W. 1 of CMC deposed about the admission of Mangal Singh, Santokh Singh in the hospital at 10.20 p.m. on May 24, 1989 and at that time; Mangal Singh had 3O% burns while Santokh Singh had 15% bums. Dr. Rajneesh J. Mandrella, P. W. 2 deposed to the effect that on examination he had found 25% bums with 10% deep bums on face arms and upper chest on the person of Mangal Singh. He was also having cornial opacity due to the burns. He also found 15 % burns on the person of Santokh Singh, which were on the back and right gluteal region. In his opinion, these injuries were caused with acid and the injuries on Mangal Singh was dangerous to life while on Santokh Singh grievous in nature. His reports are Exs. PD and PC respectively. Dr. Ramesh Sharma P.W. 4 deposed about having examined Harbhajan Singh who carried burn injuries as described in Ex. PG. He had also found burn injuries on the person of Parminder Singh and the same were described in Ex. PJ. Dr. R. S. Thind P.W. 6 confirmed having treated Mangal Singh in the GGS Medical College and Hospital Faridkot in the Plastic Surgery department. Dr. DC Bansal. P.W.7 Head of Eye Department, Rajindra Hospital confirmed that he had treated Mangal Singh and at present Mangal Singh was totally blind and there was no possibility of restoration of his eye sight. Dr. Karamjit Singh deposed about the treatment given to Santokh Singh. ASI Tek Chand P.W. 12 is the 1.0.