VINAY KUMAR ALIAS VICKY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Vinay Kumar alias Vicky has filed this appeal against the judgment of conviction and order of sentence dated 31.03.2003, passed by Additional Sessions Judge, Ludhiana, vide which he has been held guilty for the commission of offence punishable under Section 323 IPC and accordingly convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of three months under the aforesaid Section whereas he has been acquitted of the charge under Section 304 Part II IPC. However, co-accused Gulshan Kumar has been acquitted of the charges as framed against him.

(2.) Brief facts of the prosecution case are that on 29.07.1997, Jatinder Pal Singh, complainant made statement Ex.PH before Sub Inspector Mohinder Singh in which he stated that on that day at about 8:30 p.m., he and his brother Agya Pal Singh were returning home on scooter from the side of Vijay Nagar, Oswal Road. His brother Agya Pal Singh was driving the scooter and the complainant was sitting on the rear seat. When they reached near the shop of one Surinder Kumar, they found that some boys were smoking cigarettes. When complainant and his brother passed parallel to the said boys, they abused them by saying that why they (complainant party) were starring at them. Thereafter, when the complainant and his brother reached on the turning of street, two boys, out of the said boys, started quarelling with them. At that time, street light was on and complainant's father Jasbir Singh was standing outside the house in the street. One Kulraj Singh was also standing there with Jasbir Singh. On seeing the quarrel, Jasbir Singh and Kulraj Singh came there and tried to save the complainant and his brother. Out of the aforesaid two boys, one boy aged about 23 years, inflicted a fist blow on the face of Jasbir Singh whereas another boy pushed him with force as a result of which he fell down on the pucca street and became unconscious. The complainant and his brother took their father Jasbir Singh to C.M.C. Hospital but he died outside the hospital. On the basis of said statement, FIR was registered. Inquest report of the dead body of Jasbir Singh was prepared and the postmortem examination on the dead body was got conducted. Sub Inspector Mohinder Singh, Investigating officer, inspected the spot and recovered one red button from there and the same was taken into police possession vide recovery memo Ex.PO. The motorcycle of the accused was also found lying in the chowk and the same was also taken into police possession. Accused were arrested. After necessary investigation, challan against the accused was presented before the Court.

(3.) On presentation of challan, copies of challan and other documents were supplied to accused under Section 207 Cr.P.C. Finding a prima facie case against the accused, they were chargesheeted for the commission of offence punishable under Section 304 Part II read with Section 34 IPC to which they pleaded not guilty and claimed trial.