GURMUKH SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is directed against an order passed by learned Additional Sessions Judge, Amritsar on 28.11.2003 convicting the present appellants for an offence under Section 307 Indian Penal Code (for short 'IPC'); sentencing them to undergo four years of rigorous imprisonment and to pay a fine of Rs.2000/- each. In default of payment of fine, the appellants were further ordered to undergo simple imprisonment for a period of three months.

(2.) As per the prosecution, Bikramjit Singh suffered a statement (Ex.PA) on 07.11.2000 to ASI Gurdev Singh. Prior thereto, on 02.11.2000 a Medico Legal Report (for short 'MLR') was produced before ASI Gurdev Singh pertaining to Bikramjit Singh. As per MLR, two injuries have been received by Bikramjit Singh with sharp-edged weapons. As per ASI Gurdev Singh, he continued to visit Civil Hospital but the doctor declared the injured unfit to make statement. It was on 07.11.2000 the doctor declared the injured fit to make the statement and thereafter, the statement Ex.PA was recorded.

(3.) The statement of Bikramjit Singh is that on 01.11.2000 at about 9:00 PM, he was ploughing his fields with tractor. Gurmukh Singh and Nirmal Singh armed with kirpans came there and asked him to stop the tractor. When he was alighting from the tractor, Gurmukh Singh gave a kirpan blow upon his right ear and right cheek leading up to lips. When the complainant jumped towards his left side, Nirmal Singh gave blow on his left arm. Gurmej Singh, father of complainant, also reached at the spot. Both father and son raised hue and cry but the accused persons fled away from the place of occurrence along with their kirpans. Injured-Bikramjit Singh was subject to X-ray on 04.11.2000. After completion of the investigation, the accused were made to stand trial.