JAGIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) OUT of six accused convicted by the trial Magistrate, two were acquitted on appeal by the learned Sessions Judge, Patiala. The convictions of the remaining four were thus altered since charge under section 148, Indian Penal Code, failed. Sadha Singh petitioner was convinced under section 326, Indian Penal Code, and the remaining petitioners under section 326/34, Indian Penal Code. Bachan Singh petitioner was convicted under section 342, Indian Penal Code, and the remaining petitioners under Section 324/34, Indian Penal Code. All the four petitioners were convicted under Section 323, Indian Penal Code. They were variously sentenced as disclosed in the opening sheet of the petition.

(2.) THE only point raised in this petition by the learned counsel for the petitioners is that out of eight injuries found on Puran Singh PW., the victim of the crime, Dr. C.L. Verma PW 5 had opined that injury No. 8 was grievous on the basis of the X-ray report. The same descriptively is as follows :-

(3.) IN the instant case, there was a cut, though described as small, yet it definitely caused a break. Such an injury, to my mind, could not called superficial or non-serious. The injury obviously fell within the domain of section 346 of the Indian Penal Code. On that score, no interference can be made to alter the conviction of the petitioners under section 326 with or without the aid of section 34 of the Indian Penal Code, as the case may be. However, the sentence of each petitioner in that regard is slightly excessive and deserves to be reduced to 1-1/2 years' rigorous imprisonment, while sustaining that of fine. Ordered accordingly.