SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision petition has been filed by Sukhdev Singh against the impugned judgment dated October 27, 1992, passed by Sh.M.L.Singal, the then Sessions Judge, Faridkot, vide which the appeal filed by him against the judgment and sentence order dated September 28, 1991, was dismissed. He was convicted for the offence punishable under Section 326 of the Indian Penal Code (hereinafter referred to as 'the Code') for inflicting injury to Malkiat Singh and was sentenced to undergo R.I for one year and to pay fine of Rs.500/- and in default of payment of fine to further undergo R.I for two months by the trial Court. On appeal, his conviction was maintained. However, the sentence was reduced from one year to six months. The amount of fine remained the same.

(2.) The facts of the prosecution case are that on September 29, 1988, in the area of Village Badhni Kalan, the petitioner had a dispute over the flow of water with Malkiat Singh and Jasmer Singh. He had a spade ('kahi') and he caused injury with 'kahi' to Malkiat Singh. The occurrence was witnessed by Jasmer Singh. Malkiat Singh was taken to Rural Dispensary, Badhni Kalan, where he was medically examined on the same day. The matter was reported to the police by Malkiat Singh and a criminal case under First Information Report No.106 dated October 03, 1988, was registered. The injury was later on got Xrayed.

(3.) It was found grievous in nature. On completion of investigation, he was challaned under Section 326 of the Code. Charge was framed against the petitioner under Section 326 of the Code. He had not pleaded guilty to the charge and had claimed trial.