AMARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Amarjit Singh son of Mohinder Singh has preferred the present appeal against the impugned judgment of learned Additional Sessions Judge, Faridkot dated 4.8.1990 vide which he has been convicted under section 326 IPC and sentenced to undergo RI for two and a half years with a fine of Rs. 2500/- and in default of payment of fine to further undergo RI for six months.

(2.) Ghona Singh PW5 is the injured in this case. He was assaulted 25.4.1989 at about 7.30 PM in the area of village Raunta by the present appellant who was armed with a Gandasa. The case of the prosecution in brief is that when Ghona Singh was returning form the house of Amar Singh and reached in front of the house of Saggarh Singh, the present appellant met him. He was armed with a Gandasa and started abusing Ghona Singh. He said to Ghona Singh as to why he sold the plot to Nachhattar Singh whereas there was a talk between them for selling the said plot for Rs. 18,000/-. He gave a gandasa blow on the right arm from the reverse side. He gave another two blows with gandasa from the sharp side on the head of Ghona Singh. Jhanda Singh and Ajaib Singh (PW7) had allegedly seen the present occurrence. Ghona Singh was removed to Faridkot hospital where he was examined by Dr. J.S. Dalal, PW1, who found the following injuries on his person :-

(3.) An incised wound on left side of the head 5 cms behind injury No. 2. It measured 4x1-1/2 cms."