AJIT RAM @ AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE learned Judicial Magistrate 1st Class, Dasuya, vide his judgment and order dated 8th October, 1982, convicted Jit Ram alias Ajit Singh under Section 326, Indian Penal Code, and sentenced him to undergo rigorous imprisonment for six months and a fine of Rs. 200/- or in default of payment of fine, to undergo father RI for two months, and Ishar Ram petitioner and Ravi Kumar under section 326 read with section 34, Indian Penal Code, and sentenced them to undergo four months RI and a fine of Rs. 100/- each, or in default of payment of fine, to undergo further RI for one month each. On appeal, Ravi Kumar was given the benefit of doubt and acquitted. The conviction of Jit Ram alias Ajit Singh under section 326 and that of Ishar Ram petitioner under section 326 read with section 34, Indian Penal Code, was upheld, and Jit Ram was sentenced to undergo R.I. for one month and a fine of Rs. 300/-, or in default of payment of fine to undergo further R.I. for two months, whereas Ishar Ram was sentenced to R.I. for one month and a fine of Rs. 200/-, on default of payment of fine to undergo rigorous imprisonment for one month by the learned Additional Sessions Judge, Hoshiarpur. They have challenged their conviction and sentence by way of this petition.

(2.) THE case as set up at the trial was that on 19th April, 1981, at about 8 p.m. Bahadur Singh complainant went to the shop of Rattan Chand of his village, Bhambowal, for purchasing cigarette. When he reached near the shop, Ishar Ram petitioner armed with 'Drat,' Jit Singh alias Jit Ram petitioner also armed with 'Drat' and Ravi Kumar (acquitted accused) empty handed, were standing in the street opposite to the shop of Rattan Chand. On seeing him, Jit Singh petitioner raised a lalkara that the complainant should be caught and taught a lesson in respect of the marriage. Thereupon, Ishar Ram petitioner and Ravi Kumar took the complainant in their grips and Jit Singh alias Jit Ram petitioner gave a 'Drat' blow which hit on his right fore-arm. Bahadur Singh complainant raised noise 'Mar-ditta' Mar-ditta', on hearing of which Darshan Ram and Sandhoor Singh P.Ws came to the spot. On seeing them, the petitioners and their acquitted co-accused decamped with their respective weapons. Gandharab Singh, father of the complainant, brought him to Hajipur Hospital in a tractor-trolly, but since the doctor was not available, he took him to Mukerian Civil Hospital, where he was got admitted and medico-legally examined. On the statement Exhibit PA of the complainant, formal F.I.R. Exhibit PW5/C was recorded under section 324, Indian Penal Code. Subsequently, on the basis of the X-ray report about the injury on the person of Bahadur Singh complainant which was opined to be grievous, the offence was changed to one under section 326 Indian Penal Code.

(3.) AT the trial, the petitioners denied the prosecution allegations and produced Dr. Harbans Singh D.W. 1 and Malkiat Singh DW 2 in defence.