PRITPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT Pritpal Singh alias Parmvir Singh son of Gurtej Singh called in question legality of the judgment dated 18.11.2000 and order on sentence of even date recorded by the learned trial Court. He further called in question the correctness of the conviction recorded vide which he was sentenced as under :

(2.) IN brief, facts of the prosecution case are like this; that on 26.6.1997 complainant Arjinder Singh (PW2) was lying on a cot in his factory situated at Gurdev Nagar, Ludhiana. At about 10.30 P.M. accused Pritpal Singh @ Marshal and Kuldip Singh @ Paramvir came on a motor cycle bearing Registration No. PB 10W 615 and entered into the factory after scaling over the gate. Accused Pritpal Singh was armed with iron pipe and accused Kuldip Singh with datar. Kuldip Singh remarked that he was staring at them and that they would teach lesson to him for doing so. Accused Pritpal Singh gave iron pipe blows to him on his right arm, left arm near elbow, right leg and back of his head. Kuldip Singh gave datar blows on his forehead and left leg. Accused Pritpal Singh then picked up the keys of almirah, lying underneath the pillow, and committed robbery of Rs.9500/ -. When Zora Singh and Hoshiar Singh, employees in the factory, came there, both the accused ran away from the spot along with money and their respective weapons. Thereafter, his father Baldev Singh reached the factory, who brought him to Civil Hospital where he remained admitted for about 9 days. On 27.6.1997 ASI Jagroop Singh, on wireless message received in Police Station Division No. 5 from Police Station Division No. 2, reached Civil Hospital and vide Ex.PW7/A obtained opinion of the doctor regarding fitness of the injured to make statement. Statement of complainant Ex.PB was recorded which was signed by him. Ruka Ex. PB/1 was sent to the police station, on the basis of which FIR Ex.PB/2 was recorded by ASI Devinder Singh. Thereafter, the Investigating Officer went to the place of occurrence and prepared rough site plan. On 2.7.1997 both the accused were arrested from their houses. Motor cycle was taken into police possession vide memo Ex.PW7/C. On the disclosure statement Ex.PW7/D of accused Pritpal Singh, pipe in question was recovered from the bushes near Sunet Canal and taken into police possession vide memo Ex.PW7/E. Rough site plan of the place of recovery Ex.PW7/F was prepared. On 26.6.1997 Dr. Manjit Singh Bajwa conducted the medical examination of the complainant and only one injury was declared as grievous. Statements of the witnesses were recorded and after completion of the necessary investigation, challan was put in Court against the accused -appellants.

(3.) AFTER taking prosecution evidence, statement of accused under Section 313 Cr.P.C. recorded. Each and every incriminating allegation was put to the appellant to which he denied each allegation and pleaded his innocence. His plea in defence is that mother of the complainant contested election of Municipal Corporation against Bibi Gopal Kaur, who was supported by him and she won the election.