KULDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal filed by Kuldip Singh (hereinafter described as 'the appellant') directed against the judgment and the order of sentence passed by the learned Additional Sessions Judge, Patiala dated 1.9.1986. By virtue of the impugned Judgment, the learned trial court held the appellant guilty of the offences punishable under Sections 326 and 452 Indian Penal Code. By the subsequent order of sentence, the appellant was sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 3,000/- for the offence punishable under Section 326 IPC. In default of payment of fine, the appellant was to undergo further rigorous imprisonment for 6 months. With respect to the offence punishable under Section 452 IPC, the appellant was sentenced to undergo rigorous imprisonment for 2 years and a fine of Rs. 1,000/-. In default of payment of fine, the appellant was to undergo further rigorous imprisonment for 3 months. Both the sentences were directed to run concurrently.

(2.) THE relevant facts are that Surjit Kaur was the complainant at whose instance the First Information Report was recorded. Deceased Surjit Kaur was the mother of Darshan Singh. Darshan Singh had there other bothers namely Mohinder Singh, Gamdoor Singh and Bhag Singh. Gamdoor Singh and Bhag Singh lived at Chandigarh but in different houses. Darshan Singh lived with his mother Surjit Kaur in village Bhagrana. They had cordial relations with the parents of the appellant in the said village being neighbour.

(3.) AFTER about 10 minutes, the appellant came armed with a Kirpan. At that time Amrik Singh and Surjit Kaur were sitting in the kitchen. The appellant asked the deceased (Surjit Kaur) to get on one side and that he would murder his father. Surjit Kaur told the appellant that she would not permit him to murder his father in her house. The appellant, however, insisted that if she did not permit the same, he would kill her. He gave a kirpan blow aimed at her head. The deceased raised her right arm to ward off the blow. The blow hit and injured the middle of the forearm of the deceased. The forearm was virtually cut. Some piece of the bone had fallen. The deceased fell unconscious. At this Darshan Singh and Amrik Singh raised alarm. Many persons of the village came there. The appellant made good his escape with the Kirpan.