DAVINDER KUMAR ALIAS NINDER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE case of the prosecution is that on 12.10.2005, at about 9 PM, Narinder Kumar (complainant) along with his friend Rashpal Singh alias Soni, was going to purchase sweets from the shop of Mohan Lal. When they reached near the shop of Daljit Singh, Member Panchayat, the petitioner, herein, armed with a naked sword, was found standing there, who gave two blows, thereof, on the left cheek and on the left side of upper lip of the complainant. When an alarm was raised by the complainant, the petitioner ran away along with the sword. Rashpal Singh, friend of the complaint, took him to the hospital, where statement of the complainant was recorded and FIR No. 146 dated 14.10.2005 under Section 324, Indian Penal Code, was registered at Police Station Adampur, District Jalandhar. In the medico -legal report, two injuries were found with sharp edged weapon on the person of the complainant, out of which, injury No. 1, on the cheek, was declared simple, and injury No. 2 was referred for dental opinion and probable duration of the injuries and the medico -legal report was less than six hours. After the opinion of the doctor, offence under Section 326, Indian Penal Code, was added. The petitioner was arrested on 8.11.2005.

(2.) AFTER completion of investigation, Station House Officer of Police Station Adampur, instituted the police report under Section 173, Code of Criminal Procedure, before the trial Magistrate to the effect that it appears that the petitioner has committed offences punishable under Sections 326 and 324, Indian Penal Code.

(3.) AT the trial, the prosecution examined Narinder Kumar (complainant) as PW -1, Rashpal Singh, eye witness, as PW -2 and Dr. Preetinder Singh as PW -3, and closed the evidence, later.