LABH SINGH & ANR. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE conspectus of the facts and evidence, unfolded during the course of trial, culminating in the commencement, relevant for disposal of the instant criminal appeal & emanating from the record, as claimed by the prosecution, is that complainant Shamsher Singh (since deceased) son of Ranjit Singh (for brevity "the complainant") was working as class IV employee, whereas appellant Labh Singh was working as Steno in Civil Hospital, Fatehgarh Sahib. They were residing in the adjoining houses. On 24.12.1995, as soon as, the complainant and his son Surinder Singh reached their house, in the meantime, appellants Labh Singh and his son Jaspal Singh attacked him with iron rod and dang. Appellant Labh Singh inflicted an iron rod, which landed on the left eye, whereas appellant Jaspal Singh gave a dang blow, which hit on the left arm of the complainant. The incident was witnessed by PWs Pritam Singh Nagra and Baljit Singh, who separated them. Thereafter, the appellants decamped from the spot with their respective weapons. Narrating the sequence of events, in all, the prosecution claimed that on 24.12.1995, the appellants have caused injuries on the left eye and left arm of the complainant with their respective weapons. In the background of these allegations and in the wake of statement (Ex. P3) of the complainant, the present case was registered against the appellants, by virtue of FIR No. 2 dated 8.1.1996 (Ex. P4/B), on accusation of having committed the offences punishable u/ss. 325 and 323 read with section 34 IPC (the offence punishable u/s. 459 IPC was later on added) by the police of Police Station Sirhind, District Fatehgarh Sahib in the manner depicted here -in -above.

(2.) AFTER completion of the investigation, the final police report (challan) was submitted against the appellants by the police to face the trial for the indicated offences.

(3.) THE prosecution, in order to substantiate the charges framed against the appellants, examined PW1 Dr. Nachhattar Singh, who has conducted the x -ray examinations of skull and left forearm of the complainant and found the fracture of lateral epicondyle. Injury No. 1 was later on declared as grievous in nature and there was a fracture of forearm elbow joint. PW7 Dr. S.S. Ratta has proved x -ray report (Ex. P10). PW2 Dr. Mann Singh Bhatia has given his opinion (Ex. P1/A) on police application (Ex. P1) that on 26.12.1995, the complainant was fit to make statement. He has also proved the attested copy of his MLR (Ex. P2). PW5 Dr. Balwinder Singh has medico legally examined the complainant on 24.12.1995 at 10.50 P.M. and found the following injuries on his person: -