JASWINDER SINGH Vs. STATE OF PUNJAB & ANR

JUDGEMENT

(1.) This order shall dispose of Crl. Rev. Nos.2633, 2635 and 2777 of 2013. The petitioners have filed these petitions against the judgment dated 25.1.2013 passed by the Additional Sessions judge, Ferozepur upholding the judgment of conviction and order of sentence dated 4.10.2010 of the Judicial Magistrate, Ist Class, Ferozepur, whereby the petitioners were convicted and sentenced to undergo rigorous imprisonment as under:- <FRM>JUDGEMENT_837_LAWS(P&H)9_2013_1.html</FRM> <FRM>JUDGEMENT_837_LAWS(P&H)9_2013_2.html</FRM> <FRM>JUDGEMENT_837_LAWS(P&H)9_2013_3.html</FRM> <FRM>JUDGEMENT_837_LAWS(P&H)9_2013_4.html</FRM> <FRM>JUDGEMENT_837_LAWS(P&H)9_2013_5.html</FRM> <FRM>JUDGEMENT_837_LAWS(P&H)9_2013_2.html</FRM>

(2.) The petitioners are seeking compounding of the offence on the basis of compromise dated 12.8.2013 effected between the parites. The FIR No. 30, dated 2.4.2002 under Sections 326/324/34 IPC, at Police Station Ghall Khurd was registered on the statement made by complainant- Kulwant Singh against the petitioners. On 31.3.2002, the complainant along with his brothers Baljit Singh, Chanan Singh, Rachhpal Singh and nephew Pushpinder Singh had gone to Talwandi Bhai to attend the marriage of daughter of Nishan Singh, S/o Inder Singh, where Baldev Singh, S/o Avtar Singh, Chhindu, S/o Jagtar Singh and Jaspal Singh, S/o Kashmir Singh, residents of Karmu wala, were also present. At about 4 p.m accused Baldev Singh exchanged hot words with the complainant's nephew Pushpinder Singh, but the complainant's brother Rachhpal Singh pacified both of them. After solemnization of marriage, the complainant along with his brother Baljit Singh was going back on one scooter and Chanan Singh, Rachhpal Singh and his nephew Pushpinder Singh were also going back on another scooter to Village Karmu Wala. At about 51/2 p.m. when they reached the speed breaker near the rice sheller of Uggar Sain, accused Baldev Singh armed with Gandasi, Chhindu Singh armed with Takua and Jaspal Singh armed with Takua were standing there. They slowed down their scooters due to the speed breaker and all the three accused came ahead of them, whereupon the complainant's brother Baljit Singh stopped the scooter. Jaspal Singh gave a Takua blow, which hit on his head. Then Chhindu gave takua blow which hit on his head above left ear. Baldev Singh gave gandasi blow, which hit on his right leg. They raised alarm, whereupon the complainant's brothers Chanan Singh, Rachhpal Singh and nephew Pushpinder Singh, who were following them, rescued them. On seeing them, all the accused fled away from the spot along with their weapons. After registration of the above-said FIR, offence under Section 326 was added later on.

(3.) After presentation of the challan, prosecution examined PW-1 Dr. Har Dutt Jyoti, Radiologist, who conducted radiological examination of both the injured namely Kulwant Singh-complainant and Baljit Singh and proved on record X-ray report Ex.P1 & skiagrams Ex.P2 to P4 pertaining to complainant Kulwant Singh and X-ray report Ex.P-5 and skiagrams Ex.P-6 & P-7 pertaining to other injured Baljit Singh. The next witness examined by prosecution is PW-2 Dr. Jasbir Singh, Medical Officer, PHC Talwandi Bhai, who conducted the medical examination of complainant Kulwant Singh as well as other injured Baljit Singh to prove the carbon copy of MLR Ex.P8 & pictorial diagram showing seat of injuries Ex.15 pertaining to injured Baljit Singh. He delcared injury no.2 on the person of the complainant as grievous vide his report Ex.P9 and injury No.1 on the person of Baljit Singh as simple vide Ex.P10. The other witness examined by prosecution is PW-3 Kulwant Singh, complainant-injured, who supported the prosecution version and gave true and detailed account of occurrence and proved on record his statement Ex.PW.3/A, made before ASI Nachhattar Singh, the investigating officer.