RAVINDER SINGH @ KAKA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been filed by the appellants challenging the judgment of conviction dated 16.9.2003 vide which they were convicted for commission of offence punishable under Section 324/34 IPC and vide order of even date they were sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1000/ -each with default clause.

(2.) BRIEFLY , facts of the prosecution case are like this; that on 10.8.2000 at 12.00 Noon, complainant Surinder Pal Singh along with Sukhdev Singh was going to get filled petrol in his Scooter bearing No.PB 24 8818 from Petrol Pump, Saila Khurd and when they reached near the shop of Rama Nand Electronics, Saila Khurd turn, they found Onkar Singh @ Kara, armed with gandasi, Ravinder Singh @ kaka, armed with chhura and Jujar Singh @ Jhara, armed with kirpan, were standing there. The assailants stopped the scooter of the complainant. Jujhar Singh gave a kirpan blow on the right side of the head of the complainant and Ravinder Singh gave him three chhura blows on his hip.

(3.) ACCUSED Onkar Singh gave a gandasi blow from its blunt side on the left elbow of the complainant. Complainant fell down and raised alarm 'mar ditta mar ditta'. On his hue and cry, all the accused persons ran away from the spot along with their respective weapons. Sukhdev Singh witnessed the occurrence but due to fear he did not interfere. Thereafter, Sukhdev Singh took the complainant to Civil Hospital, Garhshankar by arranging a vehicle. There complainant was medically examined by Dr. S.P. Banga, who found 4 incised wounds and one abrasion on the person of the complainant. Ruka Ex.PB was sent to Police Station Garhshankar on 10.8.2000. On receipt of information from the hospital, SI Parminder Singh, Investigating Officer of the case, reached at the hospital and moved application Ex.PC regarding fitness of the complainant, who was declared unfit to make a statement. Thereafter, statement of the complainant was recorded on 11.8.2000 which is Ex.PG. Investigating Officer made his endorsement Ex.PG/1 thereon and sent ruka, on the basis of which formal FIR Ex.PG/2 was recorded by Gopal Singh. Thereafter, the Investigating Officer inspected the spot and rought site plan of the place of occurrence Ex.PJ was prepared. He also recorded the statements of other witnesses. On 21.8.2000 accused Jujhar Singh was arrested and alleged kirpan (Ex.P 5) was recovered from him, which was taken into police possession vide recovery memo Ex.PK. On the same day, accused Ravinder Singh was also arrested and alleged knife/chhura (Ex.P6) was recovered from him, which was also taken into police possession vide recovery memo Ex.PL. After completion of necessary investigation, the challan was put in Court against accused Ravinder Singh and Jujhar Singh only. Motive behind the occurrence as alleged was previous altercation between the appellants and the complainant.