STATE OF PUNJAB Vs. NAHAR SINGH AND OTHERS

JUDGEMENT

(1.) Aggrieved by the acquittal of Nahar Singh and Billu Singh of all the charges framed as against them and conviction of accused Satnam Singh and Jarnail Singh for the offence under Section 324 and 323 IPC and not under Section 326 IPC, the State of Punjab has preferred the present appeal.

(2.) We heard the submissions made by learned Addl.A.G., Punjab appearing for the State as well as learned counsel appearing for the respondents.

(3.) On a thorough perusal of the entire records we find that except the amputation of the left finger of the complainant, all the other injuries found on the person of the complainant were found to be simple in nature. as per the opinion expressed by the Doctor who medico-legally examined him. In our considered view, the trial Court had rightly disbelieved the version of the complainant as it was quite unnatural that only the left little finger was cut on account of the blow delivered by the accused on the hand of the complainant with a lethal weapon. It is a common knowledge that gandasa, a sharp edged weapon would have definitely touched the other fingers as well when it was aimed at the fingers of the complainant. It is the prosecution version that except the left little finger which which was, of course, chopped-off, no other finger in the left hand sustained any injury as a result of the gandasa blow. Such an unnatural version has been rightly disbelieved and as a result of which the charge under Section 326 IPC was held not established.