NAGESHWAR SHAH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the order of the learned Additional Sessions Judge, Jalandhar, dated April 1, 1992, whereby accused Nageshwar Shah was convicted under Section 307 of the Indian Penal Code and was sentenced to undergo rigorous Imprisonment for four years and to pay a fine of Rs. 100/-. In default of payment of fine, he was further ordered to undergo Rigorous Imprisonment for one month, whereas Ambika Parshad accused who was convicted under Section 307 read with Section 34 of the India Penal Code and remained in custody from August 15, 1991 to January 6, 1992, was sentenced to undergo Rigorous Imprisonment, which he had already undergone in this case and also to pay a fine of Rs. 300/- In default of payment of fine, he was further ordered to undergo Rigorous Imprisonment for three months.

(2.) IN brief, facts of the prosecution case are that on August 12, 1991, at about 8.30 p.m., Surinder Singh complainant was present in his shop and at that time, Nageshwar Shah and Ambika Parshad who had business dealings with the complainant, came there and wanted to purchase certain articles for which the complainant demanded the payment in cash. Both the accused refused to do so and had an alteration with the complainant. Ambika Parshad accused caught hold of Surinder Singh whereas Nageshwar Shah accused gave one Kirpan blow on the neck and the other on the left shoulder of the complainant, who caught hold of the kirpan with his left hand as a result thereof, he too received injuries on his left hand. Hue and cry raised by the complainant attracted Shangara Singh to the spot. Both the accused then ran away from the spot alongwith the kirpan. After completion of the investigation, the accused were tried and convicted as detailed below.

(3.) I have heard the learned counsel for the parties and have gone through the file carefully with the help of the learned counsel for the parties.