BALWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS Criminal Appeal (No. 409 -SB/1986) is filed against the conviction and sentence recorded by the Additional Sessions Judge, Ludhiana, in Sessions Case No. 21/8 of 1986. The accused/appellant Balwant Singh has been convicted for an offence under Sections 323, 326 and 450 of the Indian Penal Code.

(2.) CASE of the prosecution is that on 15 -8 -1985 at about 9 -30, accused/appellant Balwant Singh, and Jaswant Singh went to the roof of their house, at that time Parmatma Singh, Satpal Singh and Mohinder Kaur were present in the court -yard of the house. Jaswant Singh raised a Lalkara and asked to teach a lesson to Parmatma Singh for not constructing a common wall and for lying barbed wire at the common place. At that time Balwant Singh was armed with a Loki. Balwant Singh jumped into the Court -yard of the complainant Parmatma Singh and gave a blow on the head of Mohinder Kaur, wife of Parmatma Singh. On receiving blow, she fell down. Balwant Singh gave another blow with Loki with its reverse side. Balwant Singh gave another blow near the nose of Smt. Mohinder Kaur. Parmatma Singh, Jasmer Singh and Satpal Singh raised an alarm. Then Balwant Singh ran away. Other accused Jaswant Singh got down, from the roof of his house and went inside his house. Thereafter, Smt. Mohinder Kaur was taken to Civil Hospital, Jagraon by Parmatma Singh and his son where Smt, Mohinder Kaur was treated. Parmatma Singh gave the complaint to the police on the basis of which case was registered under FIR No. 27 dated 16.8.1995. ASI Satwant Singh took up the investigation and after completion of investigation, he filed charge sheet and arrested the accused for the offence under Section 450 of the Indian Penal Code.

(3.) AFTER following the procedure, the case was committed to the Court of Sessions and the learned Additional Sessions Judge framed the charges against the accused -appellants for the offences under Sections 323/325 and 450 of the Indian Penal Code and against the accused Jaswant Singh for the offences under Sections 323 and 326 read with Section 34 of the Indian Penal Code. Both the accused pleaded not guilty to the said charges.