BIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment shall dispose of Criminal Revision Petition Nos. 896 and 924 of 1986 since they arise out of the same order.

(2.) BIR Singh and Nirmal Singh accused stood trial before a Judicial Magistrate Ist Class, Jullundur for offences under Sections 326 and 324 with the said of Section 34, Indian Penal Code. The broad allegations against the accused were that both of them, while armed with naked kirpans, stopped Sohan Singh PW who was going on a cycle, and then caused him as many as seven injuries. The occurrence took place on 27.5.1982. The injured was examined by Dr. D.S. Toor, Surgical Specialist, Civil Hospital, Jullundur at 10.40 p.m. the same day. Those seven injuries are described hereafter :-

(3.) THE petitioners filed an appeal in the Court of Session which went to Shri G.S. Khurana, Additional Sessions Judge, Jullundur. The learned Judge was persuaded to take the view that the opinion of Dr. Toor that if timely treatment had not been given to the injured, all injuries could have proved fatal to his life, could be taken at its face value. He went on to observe that there was absolutely no material which could justify this opinion. On that basis, he took the view to wipe out conviction under Section 326, Indian Penal Code. When confronted with the opinion of Dr. Toor declaring injuries Nos. 1 and 2 grevous, the learned Judge entertained a doubt in his mind that since there was no injury to any bone in respect of these injuries, these injuries could not be termed as grievous. On that analysis, he took the view that no offence under Section 326, Indian Penal Code, had been made out and he then maintained the conviction of the petitioners only for simple hurt under Section 324, Indian Penal Code.