VINOD KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a revision petition against the judgment dated July 25, 1992 passed by the Additional Sessions Judge, Gurdaspur, vide which the appeal filed by Vinod Kumar, Pardip Kumar and Kaka petitioners was dismissed, with the only modification that the conviction imposed on Pardip Kumar under Section 326, Indian Penal Code, was converted to the one under Section 326 read with Section 34, Indian Penal Code.

(2.) THE facts of the prosecution case are that on November 1, 1986, Darshan Kumar injured, husband of Sham Piari complainant, was returning to his house after parking truck in school premises of his village. When he was at a short distance from his house, Sham Piari complainant heard raula being raised by her husband, whereupon she along with Parshotam Lal P.W. rushed to the spot. At that time accused Vinod Kumar was armed with Kirpan, Pardip Kumar was armed with Kirpan and Kaka accused was armed with a Dang. Viney Kumar accused was armed with a Datar. Accused Pardip Kumar gave a Kirpan blow, which hit the left side of the head of Darshan Kumar. Viney Kumar accused gave a datar blow, which hit the injured on the left side of his head. Vinod Kumar accused gave a Kirpan blow, which hit the right side of the head of Darshan Kumar. Darshan Kumar then fell down on the ground. Sham Piari and Parshotam Lal PWs, raised alarm. Kaka accused also gave a dang blow which hit the toes of the feet of Darshan Kumar. Thereafter the accused left the spot with their respective weapons. The injured was removed to the hospital, where he was medically examined. On the basis of the statement made by Sham Piari PW, the F.I.R. was registered against the accused.

(3.) AFTER completion of the investigation, the accused were challaned. They were charged for the offence under Sections 326, 324, 323 read with Section 34, Indian Penal Code, to which they pleaded not guilty.