DINESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DINESH Kumar alias Baba and Kamal Kishore sons of Faqir Chand, the appellants herein, have been convicted under sections 326/323 read with Section 324 IPC and have been sentenced as under :-

(2.) BRIEFLY stated, the facts of the prosecution case are that Parveen Kumar used to supply milk to the dairy of Kamal Kishore appellant which is situated outside Hira Mandi and that on 7.7.1988 at about 7.30 P.M., Parveen Kumar came to the shop of his father Amrit Lal and told him that he had quarrelled with Kamal Kishore regarding the money due to him on account of milk supplied by him and was given beating by Kamal Kishore. Upon this, Amrit Lal, his son Surinder Kumar and Paveen Kumar went to the dairy of Kamal Kishore appellant to show their protest and when they reached there, they found that Deepak Kumar and Phool Chand (since acquitted) were also sitting there. Amrit Lal enquired from Kamal Kishore appellant as to why he had quarrelled with his son Parveen Kumar, upon which Deepak Kumar (since acquitted) gave a hockey blow on the left side of Surinder Kumar. Thereafter, Surinder Kumar and Deepak Kumar started grappling with each other and during this time, Kashmir Singh and other persons had reached the spot. The case of the prosecution further is that at that time, Kamal Kishore appellant told Dinesh Kumar appellant as to what for he was waiting and should throw acid on Amrit Lal and his companions. Hearing this, Dinesh Kumar picked up a jug filled with acid and threw it upon Amrit Lal and Surinder Kumar. The case of the prosecution further is that in this process some drops of the acid had also fallen on Kamal Kishore and others. On these allegations, the present case was registered under Sections 307/323/34 IPC.

(3.) I have heard Mr. J.S. Khaira, learned counsel for the appellants and Mr. G.S. Hooda, learned Assistant Advocate General, Punjab assisted by Mr. Ravinder Chopra, counsel for the complainant. With their assistance I have also gone through the entire record.