MAJOR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MAJOR Singh has filed the present appeal to challenge the conviction and sentence recorded against him by the Additional Sessions Judge, Bathinda on 13.10.1993.

(2.) ACCORDING to the prosecution case, on 17.5.1990 at about 8.00 A.M. the complainant Raghbir Singh and his brother Jagsir Singh had gone to their field known as Naian Wala on a motor cycle for getting their tube -well repaired. When they reached the field and stepped towards the tube -well, Major Singh appeared from the nearby Kotha of Hakam Singh. He had a Kirpan in his hand and raised a lalkara that Jagsir Singh should be belabored and taught a lesson for purchasing the land. Saying this, he had given a sword blow on the left side of the head of Jagsir Singh, which had cut the turban and caused an injury on the left cheek. Major Singh gave another blow to Jagsir Singh, who lifted his right hand to ward off the blow as a result of which his left thumb was chopped off. Another kirpan blow given by Major Singh was warded off by Jagsir Singh on his left hand resulting in an injury on the thumb and finger. Jagsir Singh had raised an alarm and ran towards the complainant whereupon Major Singh gave a blow causing injury on the left side of his back. Nand Singh, a Seeri of the complainant had also seen the occurrence and after the assailant had withdrawn from the place of occurrence, the injured was removed to Civil Hospital, Bathinda, where he was medico -legally examined. The statement of Raghbir Singh was recorded by. SI Gurcharan Singh and on its basis formal FIR Ex.PW5/3 under Sections 307/326/324/34 of the Indian Penal Code was registered. On completion of the investigation, a challan was out in Court.

(3.) THE trial Court had after recording the evidence, convicted the appellant under Sections 326 and 324 of the Indian Penal Code and taking into consideration the fact that the appellant was first offender having four children, who were dependent upon him, sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs.3,000/. In default of payment of fine he was ordered to undergo further rigorous imprisonment for six months. However, no separate sentence was awarded under Section 324 of the Indian Penal Code.