STATE OF PUNJAB Vs. PARAMJIT SINGH @ PAMMA

JUDGEMENT

(1.) THE present appeal has been filed by the State challenging the order of sentence dated 02.09.2002 passed by the Addl. Session Judge, Amritsar vide which the respondent, who had been convicted under Sections 308, 324 and 323 IPC, was ordered to be released on probation considering his tender age. No one has appeared on behalf of the respondent.

(2.) THE contention raised on behalf of the appellant is that Paramjit Singh @ Pamma had caused injuries with a datar upon the complainant, who was their neighbour and it was not a case where the benefit of probation should have been allowed.

(3.) BROADLY the allegations made by the complainant were that his daughter was taking bath in the open, on the roof. When the complainant reached home, he saw the respondent and his father on the roof of their own house flying birds (parrots) and staring towards his house. The complainant's son Sahib Singh went up to the accused and asked them to go down but they insisted upon remaining there and flying parrots. The complainant went to the roof of the house of the accused. Meantime, Paramjit Singh took out datar and Charan Singh picked up a dang from the chaubara. Charan Singh exhorted Paramjit Singh to teach him a lesson for raising objection. Saying so, Paramjit Singh gave datar blow from the reverse side on the left side of his forehead. Paramjit Singh also gave another datar blow from the sharp side which fell on the complainant's left forearm. Charan Singh gave a dang blow on his left leg. Meanwhile, Shamsher Singh heard the cries and reached the spot. Sahib Singh took his father to Civil Hospital, Ajnala. The incident was reported to the police the next day and the case was registered against both the accused on 10.08.1998. The complainant had given an explanation that the delay in lodging the report occurred as talks of compromise were going on. The explanation for delay was accepted.