PAWAN KUMAR @ PAMMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present appeal has been filed against the judgment/order dated 30/31.3.2009 passed by Additional Sessions Judge, Amritsar whereby the appellant has been convicted under Sections 307 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for a period of 5 years and to pay a fine of Rs. 1000/- and in default whereof to further undergo rigorous imprisonment for a period of 2 months.

(2.) The prosecution story, in brief is that on 29.1.2005, Gurbir Singh, complainant got recorded his statement with the police to the effect that he is resident of Village Meeran Kot Kalan, Amritsar. On 14.1.2005, he along with Mandeep Singh @ Jyoti son of his uncle Shamsher Singh had come to attend the marriage of son of their paternal aunt (Bua) Swaran Kaur. One night before the marriage, ritual of taking out Jago in the area of residence of their aunt was being performed and in that ritual, all the relatives, residents of the locality and friends of their aunt had joined. When the Jago party reached the house of Gurdev Chand, who resides in the back street of the house of his aunt, his uncle's son namely Mandeep Singh @ Jyoti who was dancing had struck his shoulder with that of Vicky on account of which Vicky caught hold of Jyoti from his neck but the relatives immediately got the matter pacified and then Jago came back to the residence of his aunt. Next day, after the marriage when he along with relatives and friends was dancing outside the house of his aunt, Arjan raised a lalkara to catch hold of him and teach him a lesson for striking shoulders and abusing them at the time of Jago. Meanwhile, Vicky caught hold of him from his right arm while Sethi caught hold of him from his left arm and dragged him to the side of wall and started giving him fist blows and in the meantime, Pawan Kumar @ Pamma gave a Chhuri blow in the left side of his abdomen due to which he became unconscious and fell on the ground and all the four accused dragged him out of the street and kept on giving him fist blows. On hearing his hue and cry, he was got free from the clutches of the accused by his uncle. The accused fled away from the spot with their weapons. His uncle after arranging a vehicle took him to the Civil Hospital, Amritsar from where he was referred to Guru Nanak Dev Hospital, Amritsar, where he was medically treated and examined. The respectables of the family tried to get the matter compromised which could not mature. The MLR of the complainant was sent to the police and the statement of the complainant was recorded, on the basis of which, the present case was registered, investigated and the accused were arrested.

(3.) After presentation of the challan, charges under Sections 307 read with Section 34 IPC were framed against the accused, to which, he pleaded not guilty and claimed trial.