JAGAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal is the judgment and order dated 15.5.2003 passed by Sh. Harbans Lal, the then Sessions Judge, Hoshiarpur, vide which the accused appellant Jagat Singh has been convicted under Section 326 IPC and sentenced to undergo rigorous imprisonment for a period of 2 1/2 years and to pay fine of Rs. 1,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of four months.

(2.) Shorn of the un-necessary details, the facts of the case, as gathered from the record, are that on 18.8.2002, statement of Harbans Singh Dhami was recorded who has stated that he is working as Senior Lecturer in Khalsa College, Garhdiwala. On that day at about 5.00 P.M. he was returning to his house from his fields on foot. When he reached near Delta Factory, he started talking with Salinder Singh s/o Hardev Singh, carpenter r/o Piplanwala. In the meanwhile, Jagat Singh s/o Piara Singh accused, now appellant, duly armed with a kirpan came from Jalandhar road and raised a lalkara that the complainant be taught a lesson for giving evidence against him in cases of Onkar Singh and Balwant Singh and in the meantime, Harjinder Singh s/o Atma Ram and Baljit Singh @ Billu s/o Lashkar Singh also came there after hearing lalkara. Jagat Singh gave kirpan blow on the head of the complainant with an intention to kill him, but in order to save himself, the complainant stepped aside a little bit and the kirpan blow fell on his left biceps. Then Jagat Singh gave second blow on the head of the complainant but the complainant again stepped aside and the kirpan blow fell on the ground. In the meantime, Harjinder Singh, Billu and Salinder Singh nabbed Jagat Singh, but he managed to escape and ran away towards the fields raising lalkaras that today he had been saved, but in future, he would kill him. Earlier also, Jagat Singh with an intention to kill him had assaulted the complainant in the years 1985, 1988 and 1992 for which he had been sentenced by the Court under Section 307 IPC. The motive behind the occurrence was that in the year 1984 Jagat Singh had committed a murder and the complainant was an eyewitness in that case.

(3.) After completion of the investigation, challan was presented against the accused under Sections 307, 326 IPC.