DILBAGH SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) INSTANT criminal revision petition is directed against the impugned judgement dated 26.9.2014 passed by the learned Additional Sessions Judge, Tarn Taran, whereby appeal of the petitioner was dismissed, with modification in the order of sentence reducing it for a period of one and half years instead of two years under Section 326 of the Indian Penal Code ('IPC' for short), upholding his conviction, as recorded by the learned trial court, vide impugned judgement of conviction dated 18.1.2012.

(2.) BRIEF facts of the case, as recorded by the learned Additional Sessions Judge, in para 2 of the impugned judgement, are that accused Dilbagh Singh was sent to face trial u/s 326, 324, 323, 34 IPC by the investigating agency before the lower court, on the allegations that he has caused injuries on the person of complainant Jarnail Singh. As per prosecution version, 12.10.2008, SI Harjit Singh, Incharge Police Post Kairon alongwith his associates was present at bus stand of village Laukha, in connection with patrolling. There, one Kashmir Singh had produced MLR regarding injuries on the person of Jarnail Singh. Two injuries were found to be mentioned in the MLR produced by Kashmir Singh and were kept under observation. After X -ray examination, x -ray report was obtained and produced alongwith MLR of injured Jarnail Singh. Injury No. 1 was found to be simple caused with blunt weapon and injury No. 2 was found to be grievous caused with sharp edged weapon. After receiving the said MLR, SI Harjit Singh had gone to Civil Hospital, Tarn Taran, where injured Jarnail Singh was admitted. The present case was registered on the basis of statement given by Jarnail Singh who stated before the police that he was resident of Patti and was agriculturist by profession. The complainant further stated that they were three brothers and their uncle (Taya -elder brother of their father) Angrej Singh had died unmarried and issueless. The complainant further stated that his uncle Angrej Singh had given his land to all the three brothers during his life time and therefore the complainant has been residing by constructing his residential house and boundary wall in the land belonging to his share. The complainant further stated that his brother Dilbagh Singh wanted to grab the land belonging to his share and he used to raise dispute in this regard. The complainant further stated that on 7.10.2008 at about 7 a.m., he was going by his cycle for getting some labourer, his brother Dilbagh Singh came out of his house, being armed with Sabbal and had assailed the complainant. The complainant further stated that accused Dilbagh Singh came out of his house alongwith his son Surinderbir Singh alias Sonu who raised lalkara that "Jarnail Singh should not be escaped free and he should be caught and taught a lesson." The complainant further stated that in the meantime, accused Dilbagh Singh had given Sabbal blows, one of which hit on right side of his chest, due to which, the complainant had fallen on the ground. Accused Dilbagh Singh had given other Sabbal blow which hit on his left leg. The complainant further stated that he raised alarm "Maar Ditta Maar Ditta" and thereafter his wife Dalbir Kaur came on the spot and had witnessed the occurrence. The complainant further stated that his wife Daljit Kaur also raised alarm "Na Maaro Na Marro". In the meantime, accused had run away from the place of occurrence. It is further alleged that complainant was taken to Civil Hospital of village Kairon by arranging a vehicle, where he was medically treated. The statement of complainant was recorded. Case was registered against the accused. Site plan regarding the place of occurrence was prepared. Injury No. 1 was found to be caused with sharp edged weapon and after x -ray report, injury No. 1 was declared as simple. Injury No. 2 was declared as grievous. After the necessary formalities and completion of investigation, challan against the accused Dilbagh Singh was prepared under sections 326, 324, 323, 34 IPC, whereas a separate challan against co -accused Surinderbir Singh was presented before Juvenile Justice Board.

(3.) THE challan having been presented, copy thereof alongwith documents attached therewith, was supplied to the accused, as required under Section 207 of the Code of Criminal Procedure ('Cr.P.C.' for short). A prima facie case was found to be made out against the accused and accordingly he was charge sheeted for the offences under Sections 326, 324 and 323 IPC.