DIAL SINGH @ GURDIAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused Dial Singh @ Gurdial Singh has challenged the judgment of conviction and sentence passed by the trial Court vide which he was sentenced to undergo two years of rigorous imprisonment and to pay a fine of Rs. 1000/- and in default to undergo a further period of two month's simple imprisonment for the offence proved under Section 459 of the Indian Penal Code.

(2.) It is the case of the prosecution that on 19.7.1999 at about 4.00 A.M. in village Gharyala, the accused while lurking house trespass, attacked PW1 Palwinder Singh and committed an offence punishable under Section 459 of the Indian Penal Code.

(3.) PW1 Palwinder Singh has deposed that on 19.7.1999 at about 4.00 A.M. when he was sleeping in his house along with his family members, accused armed with gandasi in his hand delivered blow on him and thereby he sustained injuries on his right arm and right hand. PW2 Mukhtiar Singh the father of PW1 Palwinder Singh and Lachhman Singh, the uncle of PW1 caught hold of the accused. PW1 Palwinder Singh was taken to the hospital for treatment. The motive for the attack was that accused was the mediator in Palwinder Singh's marriage. A few days prior to the occurrence, PW1 had a dispute with his wife and accused came to settle the dispute.