LAKHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was prosecuted under sections 323/326 IPC. After the trial, he was convicted and sentenced to undergo R.I. for 1-1/2 years and to pay a fine of Rs. 1000/-. In default of payment of fine, he was further directed to undergo R.I. for one month under section 326 IPC. He was further directed to undergo R.I. for six months under Section 323 IPC.

(2.) THE facts in brief are that on 8.9.1996 at about 9.30 p.m. Sarabjit Singh went to the shop of Jaswinder Singh @ Jassi for purchasing cigarettes. He found Lakhbir Singh of that very village standing near window of said shop of Jaswinder Singh. Complainant asked Jaswinder Singh to give him cigarettes of Red Lamp brand but he stated that those were not available at this shop. Then the complainant proceeded towards another shop situated within village abadi to purchase such cigarettes. Lakhbir Singh accused being tipsy asked the complainant to bring eggs for him from the said shop. Complainant informed him that he was not going there which infuriated the petitioner and he gave slaps to the complainant. Hearing the noise Jaswinder Singh and his mother Surinder Kaur came there. They intervened and separated Lakhbir Singh and Sarabjit Singh. The complainant was in the process of returning home. Then Lakhbir Singh started hurling abuses upon him, picked up the sickle meant for cutting fodder from his bicycle and ran after the complainant stating that he would leave him. The petitioner aimed the sickle blow at complainant. Complainant raised his right arm to ward off the blow. The blow hit him on the wrist causing a deep cut which started bleeding. Lakhbir Singh gave another blow of sickle to complainant hitting him on left side of the waist. Complainant raised the alarm "Mar ditta Mar dita" which attracted Jaswinder Singh and Surinder Kaur. Meanwhile Dial Singh, Jaswinder Singh brother of the complainant came to the spot. On their arrival Lakhbir Singh ran away from the spot. The injured was removed to Civil Hospital, Sudhar. He was medically examined. On 8.9.1996 MLR of the injured was received at Police Station Sudhar and then ASI Jagtar Singh went to the hospital to record the statement of injured. Statement of injured was recorded vide Ex.PA on the basis of which formal FIR was recorded. Challan against the petitioner was filed in the trial court and charge under Section 323/326 IPC was framed to which the petitioner pleaded not guilty and claimed trial. Dr. Balwinder Singh examined the complainant and found two injuries on the person of Sarabjit SIngh, out of which injury No. 2 (reproduced underneath) was declared grievous.

(3.) I have heard learned counsel for the petitioner and perused the record.