BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) NOTICE in this case was issued only in regard to sentence. The petitioner Baldev Singh son of Jeet Singh aged 25 years was convicted and sentenced by the Judicial Magistrate First Class, Ludhiana, as follows :

(2.) THE prosecution allegation is that at about 10 a.m. On September 25, 1981, Surinder Kaur (PW 1) and her mother Dalip Kaur (PW 2) were present at their house when the mother of Baldev Singh petitioner tried to divert the water which had collected in the street, towards the courtyard of the house of the complainant. Dalip Kaur requested the mother of Baldev Singh not to do so. At that time, Baldev Singh came with a kahi and hurled an abuse at Dalip Kaur. He tried to divert the water towards the courtyard of the house of the complainant. Dalip Kaur asked Baldev Singh not to do so. Thereafter, Baldev Singh gave a kahi blow on the head of Dalip Kaur. Surinder Kaur daughter of Dalip Kaur tried to rescue her mother, but, Baldev Singh gave a blow on her left wrist. Surjit Kaur witnessed the occurrence. The injured were removed to the hospital where medical aid was rendered to them. A skin deep injury was received by Dalip Kaur on the right side of her skull, while a lacerated wound 2 cm x 1/2 cm was suffered by Surinder Kaur on her wrist. The injury of Dalip Kaur aforesaid was simple, while that of Surinder Kaur was grievous. The Prosecution version was fully supported by the injured persons and the medical evidence. Surjit Kaur PW was given up as having been won over.

(3.) THE learned counsel for the petitioner has submitted that the petitioner is a youngman of 25 years and had acted in the heat of the moment, only with a view to support his mother who was engaged in a verbal altercation with the complainants. He is a first offender having nothing adverse against his character and antecedents. The submission, thus is that instead of sentencing him to imprisonment he may be ordered to be released on probation of good conduct. I am inclined to agree with the learned counsel for the petitioner in his behalf. Consequently, while the conviction of the petitioner under sections 325/324/506 Indian Penal Code, is maintained, he is ordered to be released on probation of good conduct subject to his furnishing the necessary bond in the sum of Rs. 5,000/ - with one surety in the like amount undertaking to keep the peace and to be of good behaviour for a period of one year. The petitioner is also directed to pay a sum of Rs. 1,000/ - to each of the two injured ladies, i.e. Surinder Kaur and Dalip Kaur, by way of compensation for their injuries. The bond shall be furnished and the compensation shall be deposited with the trial Court within three weeks from today, failing which the sentence imposed upon petitioner by the Court below shall taken effect