AJAIB SINGH @ KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present revision petition is against the judgment of conviction recorded by learned Judicial Magistrate Ist Class, Dhuri dated 24.12.2013 in case bearing FIR No. 33 dated 26.04.2010 under Section 326 IPC Police Station Sherpur, whereby the revisionist was held guilty and convicted for commission of offence under Section 326 IPC and sentenced to undergo Rigorous Imprisonment for 2 years and fine of Rs. 2,000/-.

(2.) Revisionist has also challenged the order dated 28.8.2015 passed by learned Additional Sessions Judge, Sangrur while dismissing the appeal against conviction, but modified the order of sentence and reduced the period of imprisonment from 2 years to 1 year.

(3.) Relevant facts of the case, that on 25.4.2010, MHC Sukhwinder Singh received an information that complainant-Ranjit Singh was admitted in PGI, Chandigarh in injured condition. As per complainant, on 22.4.2010 at 1.30 PM, he alongwith his younger brother, Nirmal Singh was present in the shop, accused Ajaib Singh along with three other persons came and started talking with them. He demanded one glass and water for taking liquor in the shop. The complainant objected to it and asked to leave the spot. Accused threatened with dire consequences. Thereafter an altercation took place between them. Accused picked up a hand fan from the table and inflicted a blow and an injury was caused with the wire of the hand fan on the right eye of the complainant. Accused fled away from the spot alongwith his companions. The complainant was taken for medical treatment to a private doctor and then he was referred to PGI, Chandigarh where he remained admitted on 22.4.2010 itself. Medical ruqa was sent on the same day but statement of the complainant could be recorded only on 26.4.2010 when the complainant was declared fit to make the statement.