BODH RAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 15.09.2003, passed by learned Addl. Sessions Judge, Gurdaspur whereby the accused -appellant was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of four years and to pay fine of Rs. 10,000/ - and in default of payment of fine, to further undergo rigorous imprisonment for a period of two months under Section 308 IPC. However, co -accused Vinod Kumar @ Galla was acquitted.

(2.) THE brief facts of the prosecution case are that on 11.07.2001, Sanjiv Kumar complainant -injured got his statement recorded to ASI Suresh Kumar and stated that on 10.07.2001, he along with Suresh Kumar went to meet Rameshwar Singh and from there, they went to attend a fare at Sunder Chak. At about 7.00 P.M., he along with Jatinder Kumar and Suresh Kumar was returning from the fare of Sunder Chak on scooter. Sanjiv Kumar complainant was driving the scooter and Jatinder Kumar was driving other scooter. At about 7.15 P.M., they reached near the turn of Chowk Gatora where 4 - 5 boys along with their scooters were standing. Two of them were armed with dangs and the others were holding polythene bags and they (accused) stopped them. On this, Galla @ Vinod Kumar gave a dang blow, which hit on the head of Sanjiv Kumar. Bodh Raj gave dang blow on the head of Jatinder Kumar @ Monu as a result of which, he became unconscious. Thereafter Goldi, Balwinder Kumar @ Pawan along with more boys started throwing stones on them and also gave kick blows. On raising alarm, accused persons ran away with their respective weapons. Both Sanjiv Kumar and Jatinder Kumar were admitted in Civil Hospital, Pathankot by Suresh Kumar. The condition of Jatinder Kumar was serious and he was referred to another hospital. The motive behind the occurrence was that Galla had gone to liquor shop to purchase a bottle of liquor but he was having less money, therefore, complainant refused to give him bottle of liquor and on this Galla had threatened complainant. After necessary investigation, challan was presented against appellant and co -accused.

(3.) IN support of its case, prosecution examined PW -1 Jatinder Kumar, PW -2 Sanjiv Kumar, complainant, PW -3 Suresh Kumar son of Kishan Chand, PW -4 Suresh Kumar son of Ram Parkash, PW -5 Dr.Bhupinder Singh Kanwar, PW -6 Dr.Navneet Dogra, PW -7 ASI Suresh Kumar and PW -8 ASI Trilochan Singh and prosecution closed the evidence.