KARAJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under S. 401 of the Code of Criminal Procedure (for short the Code) against the order dated 16-2-1996 passed by the Additional Sessions Judge, Amritsar whereby the conviction and sentence of the petitioner for the offences under Ss. 324/325 of the Indian Penal Code, recorded by Judicial Magistrate, Tarn Taran vide his judgement/order dated 15-1-1994, have been confirmed. The petitioner has been sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 300/- and in default of payment of fine to undergo further rigorous imprisonment for three months for the offence under S. 325 of the Indian Penal Code and to undergo rigorous imprisonment for one year for the offence under S. 324 of the Indian Penal Code. Both the substantive sentences have been ordered to run concurrently.

(2.) The case of the prosecution lies in a narrow compass. Samund Singh, the complainant, along with his family members has been residing in the farm house situated in his fields. Farm house of Surta Singh is also situated nearby and his hand also adjoins the Kacha passage which leads to the farm house of the complainant. There is a Kikker tree standing on the boundary of the passage. About 14/15 days prior to the occurrence, a dispute arose between Surta Singh and Samund Singh on the issue as to whether the former was entitled to use the passage and to cut the said Kikker tree. However, the dispute was settled through the intervention of the Panchayat and a compromise was effected whereby Surta Singh was not to use the passage and as well not to cut the Kikker tree.

(3.) On 4-1-1991 at about 3.00 p.m. Surta Singh armed with a dang and his son Karaj Singh (the petitioner herein) armed with a gandasi came to the said passage and asked the complainant to come out. When the complainant came out Surta Singh raised a Lalkara that they would teach him a lesson for restraining them from using the said passage. While saying so, Surta Singh gave a dang blow on the left wrist of the complainant and the petitioner gave a gandasi blow to the complainant on his left leg and another gandasi blow from its reverse side on his right leg. When the complainant fell down on the ground, Surta Singh gave two dang blows on the shoulders of the complainant. On hearing the hue and cry raised by the complainant, his brother and wife Smt. Veera came to the spot whereupon both the accused ran away from the spot. Angrez Singh son of the complainant removed him to the hospital at Amritsar in a tractor-trolley where he was examined by doctor Gurmanjit Rai (P.W. 1) who prepared Ex. PB the Medico Legal Report, Ex. PB/1 the pictorial diagram and Ex. PB/2 the report of the said doctor after the receipt of the X-ray examination.