SARDUL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal was preferred by appellant Sardul Singh, assailing the judgment of conviction and order of sentence dated 30.11.2004 recorded by learned Additional Sessions Judge (Adhoc) Fast Tract Court, Muktsar, in case bearing First Information Report No. 164 dated 01.07.2001 registered at Police Station Sadar Muktsar vide which he (appellant) was sentenced to undergo Rigorous Imprisonment for three years and to pay a fine of Rs. 500/ - under Sec. 326 of the Indian Penal Code (for short "I.P.C.") and in default of payment of fine to further undergo rigorous imprisonment for one month.

(2.) Precisely, the story of the prosecution is that on 29.06.2001 at about 7:30 p.m., Gurdeep Singh son of Jabarjang Singh, resident of village Dohak (complainant) was returning home after doing work in the fields. As he reached the bus stand of the village, he saw that Lakha Singh son of Sardul Singh armed with a 'Dang' and Sardul Singh armed with a 'Gandasa' were standing there. Lakha Singh gave a 'Lalkara' to teach him (complainant) a lesson for not withdrawing the case regarding the land. Sardul Singh then gave a 'Gandasa' blow hitting on his forehead above the left eye. Hearing his shouts, Naib Singh, whose house is situated nearby and had witnessed the occurrence, rushed to the spot. Seeing him both the assailants ran away with their respective weapons.

(3.) A wireless message was received by ASI Gurdeep Singh at Police Station Bariwala from Police Station Sadar Muktsar about admission of Gurdeep Singh in Civil Hospital, Muktsar with injury on his person. ASI Gurdeep Singh alongwith Constable Kuldeep Singh collected the medico legal report of Gurdeep Singh from Police Station Sadar Muktsar and reached the hospital. On his application enquiring about the condition of the injured, the doctor declared the injured unfit to make statement. Same was the position on 30.06.2001. On 01.07.2001 when the injured was declared fit, his statement Ex. P1 was recorded on the basis of which a case under Sec. 326 I.P.C. was got registered and investigations commenced.