SHER GIR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sher Gir has been convicted for an offence under Section 307 of the Indian Penal Code and sentenced to rigorous imprisonment for a period of three years and required to pay a fine of Rs. 500.00. In default of payment of fine, he was required to undergo R.I. for a further period of two months. Udal Gir and Jarnail Gir, other two accused have been convicted under Section 307/34 of the I.P.C. and sentenced to R. I. for a period of three years and required to pay a fine of Rs. 500.00 each and in default of payment of fine, they were required to undergo R.I. for a further period of two months. Besides this, accused have also been convicted under Section 324 read with Section 34 of the I.P.C. and required to undergo rigorous imprisonment for a period of one year. The sentence were to run concurrently. Aggrieved against this judgment of Shri S. S. Chahal, Additional Sessions Judge, Patiala, dated 26-11-1988, present appeal has been preferred.

(2.) Briefly, the story of the prosecution is that at 9.00 or 10.00 p.m. on 1-11-1986 Sher Gir, Udal Gir, Ishar Gir, Ram Het, Jarnail Gir, Kashmiri Bharti, Bishan Bharti and Nand Bharti armed with Gandasis and Lathis came in front of the house of Karnail Puri and raised LALKARAS that he would not be spared. Karnail, Puri and his companions came out of their house and thereafter Sher Gir accused is alleged to have caused a Gandasi blow from the sharp side on the head of Karnail Puri, Udal Gir accused also gave a Gandasi blow from sharp side on the head of Karnail Puri and Jarnail Gir accused gave a Gandasi blow on the right side of cheek of Karnail Puri. Nand Bharti accused is alleged to have caused a Gandasi blow on the right thigh of Karnail Puri and Ishar Gir gave a lathi blow on the upper side of right ankle of Karnail Puri. Bishan Bharti and Kashmiri Bharti are alleged to have hurled brick bats towards Mohinder Puri hitting him on his right arm. The occurrence was seen by Mohinder Puri, who had come forward to rescue Karnail Puri. Karnail Puri and Mohinder Puri were thereafter taken to A. P. Jain. Hospital Rajpura where they were medico legally examined by the Medical Officer and subsequently Karnail Puri was also referred to Rajindra Hospital, Patiala. The statement of Kishan Puri was recorded by Barma Nand, ASI.

(3.) There is another important aspect of this case that Kashmiri Bharti, one of the accused, who had received injuries from the complainant side, had already reached Police Station, Rajpura and lodged a report mentioning that the complainant in this case were the aggressors.