JASPAL SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT No. 1 Jaspal Singh @ Jassa @ Tota son of Iqbal Singh has been convicted for the offence punishable under Section 326 IPC and sentenced to undergo rigorous imprisonment for four years, besides, pay a fine of Rs. 1,000/ - and in default thereof, to further undergo rigorous imprisonment for one month. He has also been convicted for the offence punishable under Sections 323/34 IPC and sentenced to undergo rigorous imprisonment for six months. Appellant No. 2 Sawinder Singh @ Chhinda son of Harnam Singh has been convicted for the offence punishable under Section 323 IPC and sentenced to undergo rigorous imprisonment for one year. Both the appellants have impugned their conviction and sentence by the learned Additional Sessions Judge (Adhoc), Amritsar vide judgment and order dated 11.07.2003.

(2.) BRIEF facts of the case are that FIR No. 134 dated 07.09.1999 was registered under Sections 307/326/323/295A/34 IPC at Police Station Bhikhiwind against the present appellants as well as Harpal Singh and Gopal Singh, who were acquitted by the trial court. Abovesaid FIR was registered on the statement of PW1 Jaswinder Singh son of Mehar Singh recorded on 07.09.1999 by ASI Purshotam Lal, PW6. Jaswinder Singh in his statement dated 07.09.1999 revealed that he alongwith Manjit Singh son of Gurdip Singh were going to their fields on 05.09.1999 at about 6.00 p.m. Near the flour mill, Jaspal Singh @ Jassa and Sawinder Singh @ Chhinda (appellants) armed with Dangs (sticks) were standing. Complainant's brother Harinder Singh was coming back from his fields at that time. When Harinder Singh reached near Jaspal Singh, an unknown person exhorted that Harinder Singh be caught hold of and taught a lesson for defaming them. Appellant No. 1 Jaspal Singh caught hold of Harinder Singh from his beard and took out a knife from his pocket and inflicted a knife blow on his chin. Appellant No. 2 Sawinder Singh inflicted a Dang blow on the right shoulder of Harinder Singh. His brother fell down on the ground and the unknown person gave a teeth bite on Harinder Singh's right finger. Complainant and Manjit Singh raised hue and cry. On hearing the noise, Surinder Singh son of Pritam Singh reached the place of occurrence. In the meanwhile, the accused fled with their respective weapons. Harinder Singh was got admitted in Civil Hospital, Sur Singh.

(3.) STATEMENT of injured Harinder Singh was recorded on 08.09.1999 after obtaining the opinion of the doctor regarding his fitness to give a statement. He too revealed the infliction of injuries upon his person as disclosed by Jaswinder Singh.