SUKHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sukhbir Singh appellant has, by way of this appeal, challenged the order of the learned Additional Sessions Judge, Ferozepore, dated November 2, 1983, convicting and sentencing him to one year's rigorous imprisonment and fine of Rs. 100/-; in default one months rigorous imprisonment under Section 452, Indian Penal Code to one years rigorous imprisonment under Section 324, Indian Penal Code. However, both the sentences were ordered to run concurrently. The co-accused of the appellant, namely; Gurcharan Singh, who was tried along with the appellant was acquitted by the trial Judge.

(2.) Balkar Singh injured (P.W.2) was working as a seree with the appellant. On October 2,1982 at about 8 or 9 P.M., the appellant is alleged to have gone to the house of Balkar Singh and asked him to bring some liquor for him, but the mother of Balkar Singh did not allow him to go since it had grown dark. Sukhbir Singh appellant then started abusing Balkar Singh. Surjaq Singh and Pakhar Singh witnesses (not examined), intervened and rescued Balkar Singh. After about ten minutes, the appellant alongwith his co-accused came to the house of BatkarSingh. Sukhbir Singh appellant was armed with a gandasi while his co-accused was armed with a dang. Sukhbir Singh ca used an injury with gandasi to Balkar Singh which landed on his left hand. However, Saghar Singh (P.W.3) father of Balkar Singh caused one kahi blow hitting Sukhbir Singh on the head in defence of his son. Balkar Singh P.W. was medically examined by Dr. Hartirath Singh (P.W. 1) on, October 3, 1982 at 0.25 A.M. who found the following injury on his person A small wound on dorsum of left hand 2 cm. x 1/2 cm. x 1/4cm. with very clear-cut margins. Blood on margin clotted. It was declared simple in nature and the possibility of the injury having been selfsuffered or self- inflicted could not be ruled out, On October 2, 1982 at 10.30 P.M. Sukhbir Singh a appellant was examined by the same doctor who found the following injury: Incised wound on top of scalp 8 cm. x 1/2 cm x 1 cm. with active bleeding reaching upto bone. On October 3, 1982 at about 8.10 A.M. Sukhbir Singh appellant was again examined by the same doctor who found the following injuries:

(3.) Formal first information report was recorded at police station Dharamkot on October 5, 1982 at 7 P.M. on the basis of the statement of Sukhbir Singh appellant. However, the statements of Saghar Singh and Balkar Singh were recorded by the police and the challan was presented against the appellant and his co-accused. Since Sahgar Singh was not challaned on the basis of the first in formation report SukhbirSingh filed a complaint but the versions as given by Saghar Singh and Balkar Singh found favour with the learned trial Judge.