GURMEL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, alongwith Sucha Singh and Major Singh, was tried for the offences under Sections 341, 325, 324, 323, 506, 34 IPC. According to the prosecution, the accused caused injuries to complainant- Jagtar Singh on 12.12.2008 at about 7.30 PM when he was present at his house and had come out on hearing the noise created outside. At that time, the petitioner was armed with gandasi, who wielded the same in causing injuries on his head. When the complainant fell down, the petitioner caused injuries on various parts of his body with reverse side of the gandasi. His co-accused Sucha Singh also gave dang blows to the complainant.

(2.) Vide judgment dated 4.7.2012, Sub Divisional Judicial Magistrate, Samana, convicted the petitioner under Section 325 and sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rs.500/-. He was also convicted under Section 324 IPC and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.500/-. He was further convicted under Section 323 IPC and sentenced to undergo rigorous imprisonment for six months. In default of payment of fine, he was directed to undergo further rigorous imprisonment for 30 days. All the sentences were ordered to run concurrently.

(3.) Aggrieved of his conviction and sentence, the petitioner filed an appeal which was partly allowed by Additional Sessions Judge, Patiala on 3.4.2013 by reducing his sentence of imprisonment under Sections 325 and 324 IPC to one year. The sentence of fine, alongwith its default clause, was maintained. Similarly, conviction and sentence of the petitioner under Section 323 IPC was also maintained.