JAGIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JAGIR Singh appellant has come up in appeal against the conviction and sentence recorded by the Sessions Judge, Kapurthala, under section 326, Indian Penal Code, vide his order dated 18th March, 1983. The learned trial Judge sentenced the appellant to two years 'rigorous imprisonment and a fine of Rs. 1,000/-, and in default of payment of fine, to undergo further rigorous imprisonment for six months under the aforesaid section.

(2.) AMAR Singh PW 6, brother of the appellant, is the injured person in this case. The appellant and Amar Singh injured PW had a joint tubewell. There was dispute between the two brothers about the turn of water from the tubewell. On 21st June, 1982, at about 5 p.m. Amar Singh PW 6 was going to Gurdwara in the village followed by his another brother Karam Singh PW 5. The injured was confronted by the appellant and his son Balwinder Singh, who were coming from the opposite side. There was exchange of hot words between the injured on the one side and the appellant and his son Balwinder SIngh on the other side. Balwinder Singh is alleged to have caught hold of Amar Singh PW from his long hair and the appellant caused to injuries in the abdomen of Amar Singh PW with a small Kirpan Exhibit P-1 which the appellant was wearing in the Gatra.

(3.) THE appellant was also examined by Dr. Rajinder Mohan PW 2 on the same day at 11.05 p.m. who found the following injuries on his person :-