KARAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this common judgment, I intend to dispose of Criminal Appeal No.1560 -SB of 2003 titled as Karamjit Singh versus The State Verma Sunil 2014.02.25 14:34 of Punjab preferred by accused -appellant for acquittal and Criminal Revision No.58 of 2004 titled as Ranbir Singh versus Karamjit Singh and others preferred by complainant for enhancement of sentence under Section 307 Indian Penal Code (in short - the IPC ) and conviction of accused -respondents -Malkiat Singh and Dilbagh Singh as the same have arisen out of the same incident, judgment and order. For convenience, facts are being taken from Criminal Appeal No.1560 SB of 2003 titled as Karamjit Singh versus The State of Punjab.

(2.) KARAMJIT Singh accused -appellant has directed the present appeal against the judgment and order dated 16.8.2003 passed by learned Additional Sessions Judge (Adhoc) Hoshiarpur vide which Karamjit Singh has been convicted under Section 326 of the IPC and sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.1000/ - and in default of payment of fine to further undergo rigorous imprisonment for a period of one month. However, all the accused were acquitted under Section 307 of the IPC whereas other two accused Dilbagh Singh and Malkiat Singh were acquitted from all charges after giving them benefit of doubt.

(3.) THE case of the prosecution in brief is that on 30.9.2001 Ranbir Singh complainant made statement to the police that he alongwith his brother Kulbir Singh had gone to their fields with the tractor at about 4.30p.m., where Karamjit Singh, Malkiat Singh and Dilbagh Singh were found taking earth from their field and throwing the same towards their land, which they had taken on lease and at that time Karamjit Singh accused was driving the tractor whereas other accused were in the fields and complainant asked them as to why they were digging the earth from their fields and at this Karamjit Singh accused raised lalkara saying that Ranbir Singh should be taught a lesson and then Malkiat Singh and Dilbagh Singh accused held him in their grip (jaffa) and accused Karamjit Singh took out a kirpan from the tractor and gave one blow on the left side of the head of Ranbir Singh and gave another blow on his left elbow. Ranbir Singh raised alarm which attracted his brother Kulbir Singh who witnessed the occurrence and then accused ran away on the tractor along with the weapon. Kulbir Singh removed the complainant to his house and then to Civil Hospital, Mukerian where he was medico -legally examined by Dr. Malkiat Ram. On the basis of aforesaid statement of the complainant FIR was got registered. The statements of the witnesses were recorded at various stages of the case. After completion of investigation, the accused were challaned. The Illaqua Magistrate, committed the case to the Court of Session alleging that the offence punishable under Section 307 IPC is exclusively triable by the Court of Session.