NIRMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANTS Nirmal Singh son of Hazara Singh and Paramjit Kaur, his wife have preferred the instant appeal impugning judgment and order dated 29.11.2003 passed by learned Additional Sessions Judge, Amritsar. Vide the impugned judgment and order, both the appellants have been convicted for offence punishable under Section 307 IPC and sentenced to undergo rigorous imprisonment for four years each, besides, pay a fine of Rs. 1,000/ - each and in default thereof, to further undergo simple imprisonment for two months.

(2.) AS per prosecution version, MLR dated 22.06.2001 (Ex.DA) pertaining to injured Bakhshish Singh son of Mukhtiar Singh was received through Tarlok Chand, an employee of Civil Hospital, Patti. On receipt of this information, ASI Hardeep Singh proceeded to Civil Hospital, Patti on 23.06.2001. Injured Bakhshish Singh was declared unfit to make a statement. ASI Baldev Singh again proceeded to Civil Hospital on 24.06.2001. On the doctor declaring the injured fit to make statement, ASI Baldev Singh got recorded the statement Ex.PD of injured Bakhshish Singh.

(3.) COMPLAINANT Bakhshish Singh in the said statement revealed that on 22.06.2001, he alongwith his wife Sarabjit Kaur had gone to their fields for cutting fodder. When they reached the ploughed land, accused Nirmal Singh armed with a Kirpan and his wife Paramjit Kaur armed with Kasia came running towards them from their fields. Appellant -accused Paramjit Kaur raised a lalkara that Bakhshish Singh should be caught hold of and be not allowed to escape, to teach a lesson for not allowing them to pass through his fields. Complainant's wife Sarabjit Kaur retracted out of fear. Balwinder Singh came to the spot. Accused Nirmal Singh inflicted a Kirpan blow on the left side of the head of complainant due to which he fell down. Accused Paramjit Kaur inflicted a Kasia blow on the left side of his head. Nirmal Singh then inflicted another Kirpan blow on his right hand. Paramjit Kaur gave a Kasia blow on his chest with its backside and another one on the waist. Nirmal Singh inflicted another Kirpan blow on his right thigh. When he raised alarm, appellantsaccused ran away with their respective weapons. Occurrence is stated to be witnessed by Sarabjit Kaur wife of the complainant -injured and one Balwinder Singh. Kuldip Singh came to the spot, arranged a conveyance and got him admitted in the hospital. On the basis of this statement, FIR No.92 dated 24.06.2001 (Ex.PC/2) was registered under Sections 326/324/323/34 IPC. PW1 Dr. Sukhwinder Singh Sandhu, Medical Officer, Civil Hospital, Patti medico -legally examined injured Bakhshish Singh and found seven (7) injuries on the person of Bakhshish Singh. Description of injuries as given by him is as under: -