STATE OF PUNJAB Vs. VIJAY KUMAR

JUDGEMENT

(1.) This appeal has been preferred by the State against the judgment dated 17-11-1988 passed by Sub Divisional Judicial Magistrate, Phul whereby the learned trial Court acquitted two of the five accused namely Vijay Kumar son of Sant Ram and Bhana Ram son of Sant Ram.

(2.) Briefly stated the case of the prosecution is that Amin Chand complainant PW-3 had opened grocery shop in village Mansa Khurd in the year 1985 where Sant Ram and his four sons were already having the same business. It is further alleged that Sant Ram and his sons were annoyed against PW-3 Amin Chand for having opened this shop. It is further alleged that on 6-12-1985 at about 10.00 a.m. when PW-3 was returning to his shop from the fields and had reached at the crossing in the common land, Sant Ram and his four sons namely Hemraj, Premnath, Vijay Kumar and Bhana Ram armed with Gandasas/Dangs suddenly appeared. Thereafter accused Sant Ram raised a lalkara that complainant PW-3 be taught a lesson for opening a shop in their village and on this Sant Ram who was armed with a Dang gave a blow on the left leg of the complainant below the knee. Hansraj who was armed with a Gandasa gave a blow with that weapon at the same part of the body, Vijay Kumar who was also armed with a gandasa gave a blow on the right hand of the complainant while Bhana Ram who was also armed with a Gandasa gave a blow on the back of the complainant. As a result of these injuries, the complainant fell down and in the meantime Nagauri Singh and Issar Singh came on the spot and rescued the complainant and the accused Sant Ram and his above mentioned sons left the place of occurrence with their respective weapons. The injured was removed to the hospital at Balian Wali where he was examined by Dr. Nathu Ram PW-1 who after examining the complainant prepared the MOLR Ex. PA. AS per examination of the complainant by Dr. Nathu Ram following injuries were found on his person:-1- An incised wound 6 cms x 2cms was presenton the interior surface of left leg, about 7cms below the left knee joint. Bone deep fresh bleeding was present. Advised X-ray.2-A lacerated wound 1 cm x 1/2 cms on anterior surface of left leg in its middle was present. Fresh bleeding was present.3-A lacerated wound on the planter surface of right foot in its middle was present measuring about 2x l cms.4-An aleniar abrasion was present about 4cms in length on dorsal aspect of the left elbow joint. Surrounding swelling was present. Advise X-ray.5-A linear abrasion about 3cms on the dorsal aspect of the left arm was present, about 4cms above the elbow joint. Surrounding swelling was present. Advised X-ray.6-A contusion about 8cms x 3cms on the lateral surface of the left arm was present at a distance of about 10 cms. above the elbow joint.7-A contusion about 9x3cms on the leateral aspect of the left arm was present, at a distance of about 15 cms from the elbow joint.8-A contusion about 7x2cms on the lateral aspect of the left arm was present, at a distance of about 22 cms above the elbow joint.9- An abrasion about 2x 1/2cms was present on the front of chest on the inter mannary line 2cms away from the mid line on its right. Fresh bleeding was present.l0- Incised wound 1 1/2 x 1/4cms on the right thumb on its planter aspect in the middle of the terminal planx was present. Advised X-ray.11- An incised wound 3cms x 1cms bone deep on the left scapula was present, in its lower angle of the back. Fresh bleeding was present. Advised X-ray.12- An abrasion 1 x 1 cms on dorsal surface of the proximal inter-phalangeal joint of the right little finger was present.13- An abrasion 2cms x 1/2cms was present 1cms from the line.

(3.) As per report, injuries No. 1.10 and 12 were caused by sharp edged weapon while remaining injuries were caused by blunt weapon. After the receipt of the X-ray report, injuries No. 1.10 and 11 were declared grievous. After the investigation of the case Sant Ram and all his four sons were challaned under Section 326/325/324/323/148, I.P.C. read with Section 149, I.P.C.