BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision is directed against the order dated 18.7.1995 passed by Additional Sessions Judge, Amritsar whereby the conviction and sentence imposed upon the petitioner for the offence under Sections 326/324 of the Indian Penal Code by Judicial Magistrate Ist Class, Tarn Taran, have been confirmed. The petitioner has been sentenced to rigorous imprisonment for one year and to pay a fine of Rs. 1000/- and in default of payment of fine, he has been sentenced further to undergo simple imprisonment for two months for the offence under Section 326 of the Indian Penal Code. He has also been sentenced to undergo Rigorous Imprisonment for six months for the offence under Section 324 of the Indian Penal Code.

(2.) THE prosecution case lies in a narrow compass. The field of the petitioner is adjacent to the field of Sukhwinder Singh (PW.1) and his father Jagir Singh (PW.2). It is alleged that the petitioner had demolished the water course running from his field to the field of said PW, to which he objected and the petitioner felt irritated. On 5.10.1191 at about 4.00 P.M. when Sukhwinder Singh (PW.1) had gone to his field he saw that the petitioner was demolishing the water course running from his field to the field of the complainant. Sukhwinder Singh objected to this act of the petitioner. The petitioner while exclaiming that Sukhwinder Singh (PW.1) should be taught a lesson for objecting and expressing resentment, picked up kirpan lying on his tractor and inflicted an injury on the left upper arm of Sukhwinder Singh. He gave three more kirpan blows hitting on the left cheek, right forearm and forehead in consequence of which Sukhwinder Singh fell down on the ground. The petitioner gave another kirpan blow from its reverse side on the left shoulder of Sukhwinder Singh. Jagir Singh (PW.2) was attracted to the spot on hearing the hue and cry whereupon the petitioner ran away with the kirpan.

(3.) ON the receipt of the information Sub Inspector Hukam Singh went to the hospital on 6.10.1991 and after obtaining the opinion of the Doctor recorded the statement of Sukhwinder Singh which is Ex.PA. Endorsement Ex.PW.4/B was made thereunder on the basis of which formal F.I.R. Ex. PW.4/C was recorded. Sub Inspector Hukam Singh prepared rough site plan Ex. PW.4/D in respect of the place of the occurrence and recorded the statements of the witnesses and completed the investigation. A challan for the offences under Sections 326/324 of the Indian Penal Code was submitted to the court.