BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BALBIR Singh appellant had been convicted by the Court of Additional Sessions Judge, Patiala vide judgment dated 9.4.2002 for the offence under Sections 307/450/323/506 IPC and sentenced to undergo RI for a period of 10 years and to pay a fine of Rs. 2000/- in default of payment of fine, he was to undergo RI for six months for the offence under Section 307 IPC, for the offence under Section 450 IPC, he was directed to undergo RI for a period of five years and to pay a fine of Rs. 1000/-, in default of payment of fine, he was to undergo RI for a period of six months, for the offence under Section 323 IPC, he was directed to undergo RI for a period of six months and for the offence under Section 505 IPC, he was directed to undergo RI for a period of six months.

(2.) PROSECUTION case against Balbir Singh is that on 3.5.2000 at about 4.00 P.M. Jarnail Singh was present in his fields situated in village Rorewal, then accused Balbir Singh came there and asked Balbir Singh not to cultivate the land. Then Balbir Singh, who had 'gandasi' with him, gave gandasi blow on the head of Jarnail Singh. He gave two more gandasi blows from its reverse side on the right wrist joint of the complainant. when Jarnail Singh raised lalkara, it attracted Charan Singh and Darbara Singh. Then accused-appellant had run away. Jarnail Singh was medically examined. Case was registered, matter was investigated and then this Balbir Singh was challaned. Case was found to be proved. Accused-appellant was convicted and sentenced as aforesaid.

(3.) COUNSEL for the appellant had argued that lacerated wound could not be there if gandasi was struck on the head from the sharp side. He argued that it was a false case. It was also argued that there was no fracture and that the injuries were simple and no conviction could be recorded.