ROMESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is filed against the conviction and sentence imposed by the learned AddI. Sessions Judge, Jalandhar in Sessions Case No. 28 of 1986, dated November 12, 1986.

(2.) The accused-appellants were prosecuted for the offence under Sections 308, 323 read with Section 34 I.P.C, on the ground that on June 29,1985, all the accused in the furtherance of the common intention caused injuries to one Gurmail Chand with blunt weapon with such intention and knowledge that if by such act they had caused the death of Gurmail Chand they would have been guilty of culpable homicide not amounting to murder and the accused also caused simple injuries to Amrik Chand and Harbhajan Dass. On the basis of statement given by Gurmail Chand a case was registered in F.I.R. No. 268 dated July 2, 1985 and investigation was taken up. After completion of the investigation, the charge-sheet was filed against all the four accused in Court. In order to prove the guilt of the accused, the prosecution examined five witnesses and marked certain documents. On a consideration of the material on record the learned AddI. Sessions Judge, Jalandhar found the accused guilty of the offence under Sections 325 & 323 read with Section 34 I.P.C. and not under Section 308 I.P.C., convicted all the four accused and sentenced them to undergo rigorous imprisonment for a period of 11/2 years and to pay fine of Rs. 500/- each under Section 325/34 I.P.C. and to undergo rigorous imprisonment for a period of six months each under Section 323/34 I.P.C. Both the sentences were directed to run concurrently. Aggrieved by the said conviction and sentence imposed by the learned AddI. Sessions Judge, Jalandhar, the appellants preferred the above appeal.

(3.) It is the case of the prosecution that on June 29, 1985, at about 7.30 p.m. all the accused attacked Gurmail Chand and caused injuries to him with blunt weapon and also caused simple injuries to Amrik Chand and Harbhajan Dass. Gurmail Chand was medically examined on June 29, 1985 by P.W. 1 Dr. O.P. Chhabra, who is the Medical Officer. He found a lacerated wound 21/2 cm. x 11/2 cm. on the right side tempoparietal region of the scalp, oblique in direction. According to the doctor, the injury was caused with blunt weapon. P.W. 1 also examined Amrik Chand and found three injuries on his person namely; (i) A lacerated wound 2 cm. x cm., muscle deep on the right side of the face; (ii) Reddish contusion 3 1/2 cm. x 2 cm. on the right side and middle of the nose; and (iii) abrasion 5 cm. x 3 cm. on the front of left shoulder, 4 cm. from the top. According to the doctor, all the three injuries were caused by blunt weapon. He also examined Harbhajan Dass on the same day and found one injury i.e. lacerated wound 231/4 cm. x 15 cm. x muscle deep on the right side of the forehead just above the outer angle right eye-brow. Thus according to P.W. 1 all the three persons were injured on June 29, 1985. The injured were examined as P.Ws. 3 to 5. Their evidence also shows that the accused attacked them on the evening of June 29, 1985 at about 7.00 p.m. The incident took place when P.W. 3 Gurmail Chand, Amrik Chand and Harbhajan Dass were coming to their house after evening walk, and when they reached near the school building the accused came with brick-bats and started throwing the brick-bats on them causing injuries. The evidence of P.Ws. 3 & 4 is consistent. I do not find any grounds to disbelieve their evidence. It is true that one injured namely Harbhajan Dass was not examined. Simply because one of the injured was not examined, the case of the prosecution cannot be thrown. On a careful consideration of the evidence on record, I agree with the learned AddI. Sessions Judge, Jalandhar that the accused are guilty of the offence under Sections 325 and 323 read with Section 34 I.P.C. I therefore, confirm the conviction of the accused for the said offences.