SWARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ON 10.11.1986 learned Judicial Magistrate, Tarn Taran held the petitioner Swaran Singh guilty of the offence punishable under Sections 326 and 323/34 IPC. He was sentenced to undergo rigorous imprisonment for one year and a fine of Rs. 250/ - for the offence punishable under Section 326 IPC. In default of payment of fine, he was to undergo further rigorous imprisonment for two months. Similarly for the offence punishable under Sections 323/34 IPC he was sentenced to undergo rigorous imprisonment for five months. The sentences were directed to run concurrently. Swaran Singh preferred an appeal. The learned Sessions Judge, Amritsar endorsed the findings of the trial court and held him guilty of the offence punishable under sections 326 and 323/34 IPC. His appeal as such was dismissed. Aggrieved by the same, the present revision petition has been filed.

(2.) THE relevant facts are that one Desa Singh had gone to see a mela at village Kandiala. Petitioner along with one Kuldip Singh had arrived there under the influence of liquor. Desa Singh told the petitioner and Kuldip Singh not to visit the Gurudwara after consuming liquor. They had an altercation. Certain members of the public intervened and temporarily put an end to the trouble. On the same day at 2.30 P.M. the petitioner armed with a gandasi alongwith his co -accused who were armed with barchhi and dangs came into the street and stated raising an alarm. On hearing it Desa Singh came in the street. Kuldip Singh exhorted the co -accused. Gumam Singh gave a dang blow on the right knee of Desa Singh. The petitioner gave a gandasi blow on the nose of Mohinder Kaur . The other co -accused also caused simple injuries. Desa Singh and Mohinder Kaur were removed to the hospital at Kairon. An attempt was made by Gumam Singh Sarpanch to get the compromise effected but it did not mature. Mohinder Kaur was examined and following injuries were found on her person :

(3.) AS mentioned above the trial court as well as the first appellate court held the petitioner guilty of the offence punishable under Sections 326 and 323/34 IPC.