NAIB SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was tried, convicted and sentenced to R.I. for two years and to pay a fine of Rs. 500/ - in default R.I. for six months under section 326 I.P.C. by the learned Judicial Magistrate First Class, Moga vide his order dated 9.12.1982. His conviction and sentence were upheld by the lower Appellate Court. He has come up in revision to this Court.

(2.) SOME time prior to the present occurrence, the petitioner was caused injuries by Sewak Singh PW, brother of injured PW Sukhdarshan Singh. Sewak Singh along with some other persons were being prosecuted for having caused injuries to Naib Singh petitioner. On 20.2.1980, Sukhdarshan Singh injured PW was present near his house when Naib Singh petitioner came there armed with a Kassi. He is alleged to have caused a solitary injury which landed on the forehead of Sukhdarshan Singh PW. Sukhdarshan Singh injured PW was medically examined the same night at about 10 : 45 P.M. by Dr. Lachhman Dass PW4 who found one incised wound on the forehead which was scalp deep. The first information report Exhibit PA/2 was registered at Police Station Nihal Singhwala on 21.2.1980 at 1.00 A.M. On the basis of the statement of the injured PW. Sukhdarshan Singh and his brother Sewak Singh who was also eye -witness to the occurrence have fully supported the prosecution case in its entirety. Medical evidence also lends full support to the version of the prosecution. The defence of the petitioner that injured Sukhdarshan Singh came to his tubewell and on a quarrel with Major Singh, received injuries at the hands of Major Singh is neither here nor there Major Singh although appeared as DW 1 but he did not state that he caused the injury to Sukhdarshan Singh PW. The medical examination of the injured was performed immediately and the first information report was lodged without much loss of time. There was no reason for the injured PW Sukhdarshan Singh to leave out Major Singh and name his father if he had received the injury at the hand of Major Singh. In view of these circumstances, I would not like to interfere with the concurrent finding of the Courts below. However, I find that in view of the fact that the petitioner had caused the solitary injury and did not repeat the injury, some reduction in the sentence is called for. Consequently, I reduce the sentence of the petitioner from R.I. for two years to R.I. for fifteen months. However, the sentence of fine and sentence in lieu thereof would remain undisturbed. But for this modification, the petition fails and is hereby dismissed. Petition dismissed.