SAJJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present judgment would dispose of Criminal Appeal No.S -1750 -SB of 2007 bearing title Sajjan Singh Vs. State of Punjab and Crl.Revision No.2279 of 2007 bearing title Mohinder Singh Vs. Sajjan Singh and another, which have arisen out of the judgment of conviction dated 14.08.2007, passed by the Sessions Judge, Bhatinda in FIR No.170 dated 23.10.2005 relating to P.S. Rampur. Appellant Sajjan Singh was convicted and sentenced to undergo rigorous imprisonment for a period of 5 years and pay a fine of Rs.5000/ - and in default of payment of fine to further undergo rigorous imprisonment for 3 months under Section 307 IPC. The appellant is aggrieved and has preferred this appeal. The complainant Mohinder Singh has preferred a revision as he is aggrieved because of lesser punishment and seeks enhancement of sentence awarded to the appellant.

(2.) THE factual matrix in which the appellant Sajjan Singh came to be prosecuted and was convicted needs to be set out in detail. Ranbir Singh injured and Sajjan Singh accused are firemen in the fire -brigade office. The incident took place on 22.10.2005 at 9:40 P.M. in the office. Sajjan Singh appellant started abusing Ranbir Singh. Ranbir Singh called up his father Mohinder Singh and asked him to reach the office. Mohinder Singh reached the office and asked the reason for showering abuses on which Sajjan Singh complained that Ranbir Singh had concealed the daily diary register. Ranbir Singh replied that he had not hidden the register. Sajjan Singh took out a knife and called out that he would be taught a lesson for telling lies and saying so, he inflicted a knife blow in the abdomen of the Ranbir. Ranbir Singh fell down and Sajjan Singh fled from the spot alongwith his knife. On hearing the cries, Prem Singh, Driver and Surender Kumar, Fireman had rushed inside. Mohinder Singh with the help of Prem Singh and Surender Kumar shifted Ranbir Singh to the Government Hospital Rampura. Ranbir Singh was later shifted to Government Hospital, Bhatinda and then to CMC Ludhiana, the same night. The complainant had mentioned in his report that the motive for the attack was that Sajjan Singh suspected that Ranbir Singh had hidden the daily diary register. The police completed the investigation and laid its report under Section 307 IPC.

(3.) THE prosecution had examined nine witnesses including Mohinder Singh PW2, Ranbir Singh injured PW3, two Medical Officers besides the Investigating Officer.