AMARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) FEELING aggrieved against the impugned judgment dated 7.3.2014 passed by the learned Additional Sessions Judge, Sri Muktsar Sahib, whereby appeal of the petitioner was dismissed with modification in the order of sentence, reducing it from two years rigorous imprisonment to a period of six months RI, upholding the judgment of conviction dated 15.3.2012 passed by the learned Additional Chief Judicial Magistrate, Sri Muktsar Sahib, petitioner has approached this Court by way of present criminal revision petition.

(2.) BRIEF facts of the case, as noticed by the learned Additional Sessions Judge, in para 3 of the impugned judgment, are that on 18.1.2005, one MLR pertaining to Harbans Kaur wife of Darshan Singh resident of Bhagsar was received from the Civil Hospital, Muktsar in the P.S. Sadar, Muktsar. Upon which, ASI Kulwant Chand alongwith other police officials went to Civil Hospital, Muktsar, wherein, he recorded the statement of Harbans Kaur -injured. She stated that she was resident of Bhagsar and her husband went out of village. At about 12 noon, her elder son Amarjit Singh, who was doing work of an agriculturist, armed with Danda and his wife Sukhjit Kaur, entered her house and started abusing her. Then, Amarjit Singh gave a blow with Danda, on her left thigh and she fell down. His wife Sukhjit Kaur caught hold her from her arms and Amarjit Singh gave blow with Danda on her back and also pressed her neck, besides giving her kick blows. In the meantime, her husband Darshan Singh came there and raised noise. Then, both the accused ran away from the spot alongwith Danda. Injured was got admitted in the Civil Hospital, Muktsar, by her husband after arranging the vehicle. The whole occurrence took place at the instance of her younger son Satnam Singh and further requested to take action against the accused.

(3.) FROM the perusal of the statement of the complainant/injured and the copy of MLR, a prima face case under Sections 452/323/34 of the Indian Penal Code ('IPC for short) was made out, but from the statement of the complainant, the dispute between mother, son and daughter -in -law was suspicious, in nature. Due to this reason, the Rapat under Rule 24(4) PPR was entered. When they visited the spot, they found Sukhjit Kaur and Satnam Singh innocent. Whereas, Amarjit Singh was nominated as accused and Ruqa was sent to the police station through C. Bachittar Singh, on the basis of which, formal FIR was registered and investigation was pressed into motion. Statements of the witnesses were recorded. Site plan of the place of recovery was prepared. Accused was arrested. On completion of investigation and other formalities, the challan was presented against the accused persons in the court.