MANJIT SINGH @ KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners faced trial for offences under Sections 325 and 323 read with Section 34 of Indian Penal Code. The trial Court convicted them of the said offences and awarded them the sentence to undergo Rigorous Imprisonment for three years and to pay a fine of Rs.500/ - each; in default of payment of fine to further undergo Rigorous Imprisonment for 30 days under Section 325 read with Section 34 IPC, and to undergo Rigorous Imprisonment for one year and to pay a fine of Rs.500/ - each; in default of payment of fine to further undergo Rigorous Imprisonment for 30 days under Section 323 read with Section 34 IPC. The judgement of conviction and sentence passed by the trial Court was challenged in appeal. The learned Appellate Court upheld the conviction but reduced the sentence to undergo Rigorous Imprisonment for one year under Section 325 read with Section 34 IPC and to six months' Rigorous Imprisonment under Section 323 read with Section 34 IPC, maintaining the imposition of fine and the default clause.

(2.) THE facts of the case as emerged during the trial are that on 13.5.2009 Rajinder Singh complainant alongwith his wife was going towards their village Ramkot in a jeep. The petitioners were riding on motorcycle ahead of the jeep. Manjit Singh was driving the motorcycle. They did not give way to the complainant to cross the motorcycle despite blowing horn, by keeping their motorcycle in the middle of the road. At about 9.00 p.m. when they reached near the house of Manphool son of Mallu Ram, both the accused stopped their motorcycle and halted jeep of the complainant on the road. Manjit Singh told to teach the complainant a lesson in attempting to cross their motorcycle. Manjit Singh petitioner inflicted a fist blow on the complainant's nose and Harpreet Singh petitioner also gave a fist blow on his upper lip and they took the complainant and his wife out of the jeep and threw them on the road due to which the complainant suffered injuries on his left and right knees.

(3.) COMPLAINANT further stated that while he was lying on the ground, petitioner Manjit Singh gave him a kick blow on the thumb of his left hand. On raising hue and cry, Iqbal Singh brother of the complainant reached the spot and saved him from the clutches of the accused. It was also stated that during that fight the purse of complainant containing licence and some other documents and mobile phone of Spice Company had fallen at the spot. On the basis of statement of the complainant, FIR was registered and further investigation was carried out. Accused were arrested and released on bail. Their motorcycle was also taken into possession.