NARINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was tried and was convicted and sentenced for a term of two years rigorous imprisonment with a fine of Rs.4,000/ - and in default of payment of fine to further rigorous imprisonment for three months under Section 326 of the Indian Penal Code, 1860 ('IPC", for short) and rigorous imprisonment for six months under Section 323, IPC, vide judgment of conviction and order of sentence dated 06.09.2002 passed by the learned Sub Divisional Judicial Magistrate, Dhuri (hereinafter referred to as the 'trial Court').

(2.) THE case of the prosecution was that Suraj Mohd, who was working as a Hand Pump mechanic, went to village Jakhlan on 18.09.1999. Narinder Kumar, the present petitioner was running a shop of iron goods on Bagrian Road, Meemsa. At 8.00 a.m. on 18.09.1999, complainant went to petitioner's shop and asked for "Dolchi" and "bokki" (components used for repairing hand pump). Petitioner demanded an amount of Rs.30/ - as price of aforesaid articles but complainant asked the petitioner to adjust this amount against the amount of Rs.40/ - which was due from the petitioner to the complainant. Upon this, petitioner started abusing the complainant. In the meantime, one Baldev Singh also reached there. Petitioner took out a gandasi, raised a lalkara and inflicted two gandasi blows on the left elbow and thumb of the complainant. Baldev Singh raised an alarm which made the petitioner to run away. Baldev Singh took the injured -complainant to Civil Hospital, Dhuri and got him admitted there. Doctor sent an intimation to the police, whereupon the investigating officer reached the hospital and recorded statement of the injured complainant.

(3.) PETITIONER challenged his conviction and award of punishment vide Criminal Appeal No.10 dated 12.09.2002, B.T.(T,F,C) No.14 dated 08.04.2004 which was dismissed by the learned Additional Sessions Judge (Adhoc), Fast Track Court, Sangrur vide judgment dated 06.07.2005. However, sentence awarded to the petitioner, under section 326, IPC, was reduced from two years to one year rigorous imprisonment. Judgement dated 06.07.2005 is under challenge in this criminal revision brought by the petitioner under Sections 397/401 of the Criminal Procedure Code, 1973 ('Cr.P.C.', for short). State is contesting the petition. I have heard learned counsel for the petitioner and learned State counsel.