DALWINDER SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED Dalwinder Singh and Baljit Singh have challenged the judgement passed by the trial Court wherein accused Dalwinder Singh was convicted under Section 326 IPC and sentenced to undergo 2 years R.I. and to pay a fine of Rs. 1000/ - and in default to undergo a further period of 9 months R.I. He was also convicted under Section 323 read with Section 149 IPC and sentenced to undergo 6 months R.I. and to pay a fine of Rs. 300/ - and in default to undergo a further period of 2 months R.I. Accused Baljit Singh was convicted under Section 326 read with Section 149 IPC and sentenced to undergo 2 years R.I. and to pay a fine of 1000/ - and in default to undergo a further period of 9 months R.I. He was also convicted under Section 323 IPC and sentenced to undergo 6 months R.I. and to pay a fine of Rs. 300/ - and in default to undergo a further period of 2 months R.I.

(2.) IT is the brief case of the prosecution that on 5.7.2003 at 4.15 p.m. both the accused alongwith four other unknown persons came on three scooters and attacked PW1 Dalip Singh, PW2 Darshan Singh and PW3 Kulbir Singh and caused injuries.

(3.) PW 4 Dr.Rajinder Manchanda, Medical Officer, Civil Hospital, Ferozepur, medico -legally examined PW1 Dalip Singh, PW2 Darshan Singh and PW3 Kulbir Singh and issued medical reports. On examination of Dalip Singh, he noted down an incised wound on the right forearm and another incised wound on the anterior side of right thigh. There was also a swelling found on the posterior side of left arm. The first injury found on the right forearm of Dalip Singh was certified as grievous in nature. The other two injuries were certified by him as simple in nature. PW4 found a swelling on the right parietal region, a reddish contusion on the posterior of right forearm and a swelling on the right shoulder of PW2 Darshan Singh. All the three injuries were certified by him as simple in nature. He also examined PW3 Kulbir Singh and found a lacerated wound on the occipital region of the scalp. There was a reddish contusion on his left shoulder and a lacerated wound on the anterior side of the left chest. All the above three injuries also were certified by him as simple in nature.