BALKAR SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellants, namely, Balkar Singh and his wife Daljit Kaur have filed this appeal against the judgment dated 09.12.2002 passed by the Court of learned Additional Sessions Judge, Amritsar vide which they were convicted under section 308, 324, 323 read with Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of two years each under section 308 of the Indian Penal Code and six months each under sections 323 and 324 of the Indian Penal Code, respectively.

(2.) Briefly, the facts of the case are that on 11.01.2000 at about 10.30 A.M., appellants, namely, Daljit Kaur and her husband Balkar Singh, who were neighbourers of the complainant Jagir Singh, were digging drain in the street in village Kiampur, District Amritsar. As it was a narrow street, complainant Jagir Singh told the accused not to dig such drain in the street but they did not desist from doing so and entered into an altercation with the complainant and his wife Narinder Kaur. On this, both the appellantsaccused collected bricks from the street and started throwing the same upon the complainant, as a result of which complainant Jagir Singh received injuries on his right eye brow, fore-head and right shoulder. In the meantime, Balkar Singh (appellant), who was carrying a spade in his hand inflicted a blow on the back side of the head of complainant Jagir Singh. Accordingly, the injured was removed to the hospital where he was duly treated.

(3.) On the basis of the complaint of Jagir Singh, a case under section 308,323,324 read with Section 34 of the Indian Penal Code was registered against both the appellants, namely, Balkar Singh and his wife Daljit Kaur.