CHHOTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS criminal revision is directed against judgment and order dated 7.7.1995 passed by the learned Additional Sessions Judge, Mansa convicting the petitioner Chhota Singh of the offences punishable under Section 326 of Indian Penal Code of sentencing him to undergo 9 months rigorous imprisonment and to pay a fine of Rs. 1,000/- in default of payment of fine to suffer two months further rigorous imprisonment, under Section 325 of Indian Penal Code and sentencing him to undergo six months rigorous imprisonment and to pay fine of Rs. 300/- and in default of payment of fine further rigorous imprisonment for one month, was admitted for hearing only on a limited question as to whether the offence under Section 326 of Indian Penal Code is made out on the basis of the evidence on record and also on the point of sentence including the benefit of first offender under the Probation of Offender Act.

(2.) NOTICE of this revision petition was issued to the respondent-State of Punjab. Learned counsel for the petitioner contended that in the instant case the evidence of the prosecution categorically and clearly shows that though the weapon of assault used in the occurrence is Kahi, a sharp-edged weapon but the came caused one injury (according to medico-legal report) which is a diffused swelling over forehead and the same could not be caused by the sharp-edged side of Kahi. He submitted that if the sharp-edged weapon is used from the reverse side and it caused a diffused swelling suspecting a fracture of the bone underlying, the same would be an offence punishable under Section 325 of Indian Penal Code and not one under Section 326 of Indian Penal Code. A perusal of the judgment under revision passed by the learned Additional Sessions Judge, Mansa will go to show that the case of the prosecution, stated briefly, was that on 19.12.1985 the compalainant-party was present in their fields in village Saidewala awaiting their turn of irrigating water to their fields when at about 7.00 p.m. the petitioner-accused Chhota Singh, son of Mukhtiar Singh, resident of village Kot Dharmu, Tehsil and District Mansa arrived there and tried to divert the water towards his fields which was objected by the injured Gurnam Singh and his brother complainant Mahim Singh. The petitioner-accused was armed with Kahi and he gave a blow from Kahi from its sharp side on the person of Gurnam Singh which struck him on the left side of his forehead above the eye. It is further alleged that when an alarm was raised, the petitioner-accused gave another blow from blunt side of the Kahi which hit Gurnam Singh (injured) on his forehead and eye. Thereafter, the petitioner-accused ran away. The injured Gurnam Singh was medically examined and the Medical Officer noted the following injury in the medico-legal report :