CHANNA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MR . B.R. Gupta appearing for the petitioners at the outset stated that he will not be able to contest the conviction of the petitioners as substantial relief has been granted by the lower appellate Court, who by upholding the conviction, granted reduction of sentence in favour of the petitioners.

(2.) IT has been stated before me that the petitioners who were tried in case FIR No. 122 dated 02.11.1990 registered at Police Station Division No. 2, Ludhiana under Section 326/34 IPC were convicted and sentenced by the Court of Judicial Magistrate (1st Class), Ludhiana to 2 years rigorous imprisonment and a fine of Rs. 3000/-, and in default it was ordered that they will undergo imprisonment for six months.

(3.) THE facts which emerge from the reading of the judgments of the two Courts below are that on 20th October, 1990, statement of Puna Ram was recorded by ASI Nachatar Singh, in which it was stated that on 18th October, 1990 at about 11.30 a.m. complainant along with his brother Mukhan Lal and Raju were going to their house. When they reached near the house of Guddi then petitioner Channa armed with kirpan and Lala, who was empty handed, came from the opposite side. Lala is said to have caught hold the complainant and Channa gave one blow with kirpan which hit on his left eye brow. It is further stated that Channa wanted to cause another blow but complainant injured was saved by Raju. At that moment, the accused are said to have decamped from the spot along with their weapons.