BALJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE revision petitions captioned above have been preferred against the judgment dated 26.11.2013 passed by learned Additional Sessions Judge (Ad hoc), Fast Track Court, Hoshiarpur, whereby the appeal of the petitioners and co -accused Amrik Singh, against the judgment dated 09.12.2009 passed by learned Sub Divisional Judicial Magistrate, Garhshankar convicting and sentencing them for the offences punishable under Sections 326, 324, 323 read with Section 149 and 148 Indian Penal Code (for short 'IPC'), was dismissed.

(2.) THE case of the prosecution, in brief, is that on 29.12.2004 complainant Gurmanpreet Singh had gone to village Garhi on the invitation of family of Harjinder Kumar to attend a religious function. On reaching the house of Harjinder Kumar at 7.00 p.m. the complainant was informed by his father Sohan Lal that Harjinder Kumar had gone to the tubewell. The complainant along with one Sandeep Kumar son of Mohan Lal of village Lodhipur who was also friend of Harjinder Kumar and had come to his house, left for the tubewell where they met Inderjit and Jatinder Kumar brothers of Harjinder Kumar. At about 7.30 p.m., Shaminder Singh son of Sohan Singh and Bobby son of Major Singh, resident of village Matton came there, who appeared to be under the influence of liquor. Both entered into an argument with Jatinder Kumar and Inderjit and later left the spot abusing them.

(3.) SHAMINDER Singh gave a blow with his kirpan towards the head of complainant which he took on his right arm and the blow hit right thumb of right hand of complainant. Thereafter he gave another blow with kirpan towards the head of complainant which hit middle finger of right hand. He gave another blow with kirpan on the right foot of the complainant which hit the sole of the right foot.