JASBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE revision petition has been filed by two petitioners, namely, Jasbir Singh aged 22 years and Arvinder Pal Singh aged 15 years. The stand convicted and sentenced as under:-

(2.) THE case of the prosecution in short is that on 24th February, 1983, at about 10 a.m. Vijay Kumar PW-4 and Buta Mal PW-5 told Ram Singh PW-1 and Dharam Pal PW-2 that Jasbir Singh petitioner had beaten Buta Mal PW with an iron measure near village Khara Ram Singh PW talked about this matter to Satish Kumar Sharma and Ram Parkash Prabhakar. Satish Kumar and Ram Parkash called both the parties to the shop of Satish Kumar at about 11 a.m. Buta Mal PW and Jaswant Singh father of the petitioner had an exchange of hot words at that shop. At about 12.30 noon the same day these two petitioners and their co-accused came to the shop of Buta Mal. Arvinder Pal Singh and Jaswant Singh were armed with hockeys while Jasbir Singh petitioner was armed with a datar. These persons caused injuries to Ram Singh, Dharam Pal, Buta Mal and Vijay Kumar PWs. The injured were taken to Civil Hospital, Qadian and were medically examined by Dr. Kamal Jyoti PW-5 Ram Singh PW was examined on the same day 1.40 p.m. and was found to have the following injury on his person:-

(3.) ACCORDING to the doctor who examined both the parties, the injuries rise on the persons of the petitioners and those of the injured prosecution witnesses are of the same duration. Keeping in view the nature of the injuries, Dr. Kamal Jyoti PW-5 opined that there was little possibility of injuries Nos. 1 and 2 the person of Arvinderpal Singh having been self suffered although the possibility of the injuries on the person of Jabir Singh petitioner having been self-suffered could not be ruled out by the doctor.