STATE OF PUNJAB Vs. HARINDER SINGH @ RAJU

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 20.1.2005, rendered by the Additional Sessions Judge-cum-Fast Track Court, Bathinda, vide which, it set aside the judgment dated 21.5.2002, rendered by the Court of Judicial Magistrate I Class, Bathinda and acquitted accused Harinder Singh @ Raju, for the offence punishable under Section 326 of the Indian Penal Code, and accused Rajinder Singh, for the offence punishable under Section 326 read with Section 34 of the Indian Penal Code.

(2.) THE law was set into motion, by Jagdip Singh, injured, by making a statement before ASI Lal Singh, on 21.3.2000, to the effect that on 20.3.2000 he (Jagdip Singh) attended the marriage party of his friend, Ashok Kumar, in Dhillon Marriage Palace, Bathinda. People were having drinks and dancing, in the marriage party. Jagdip Singh,however, did not take liquor. Accused Harinder Singh @ Raju and Rajinder Singh asked Jagdip Singh, to arrange pegs of liquor, for them, but he refused to do so. Thereafter, both the accused asked Jagdip Singh, to come out side, the marriage palace. As soon as, he came outside the marriage palace, Rajinder Singh, accused, raised an exhortation that Jagdip Singh be taught a lesson, for not bringing pegs of liquor, for them. He caught hold Jagdip Singh of his arms, and Harinder Singh alias Raju, accused, took out a knife, from the pocket of his pant, and thrust the same in his abdomen. At that time, Bhola Singh, father of Jagdip Singh, was standing there, waiting for him (Jagdip Singh). He witnessed the occurrence. Bhola Singh, father of Jagdip Singh raised alarm, that his son be not caused injuries, whereupon, both the accused ran away, from the spot, with knife.The occurrence took place at about 12.30 am (night),on 21.3.2000 when the lights were on. Bhola Singh, father of Jagdip Singh got him admitted, in a private hospital, for treatment. After recording the statement of Jagdip Singh, a ruqa was sent to the Police Station, on the basis whereof, FIR under Sections 323 and 324 read with Section 34 of the Indian Penal Code, was registered. The accused were arrested. Later on, offence punishable under Section 326 IPC was added. After the completion of investigation, the challan was presented.

(3.) THE prosecution, in support of its case, examined Dr. Satpal Garg PW1, Dr. Sanjay Garg PW2, Jagdip Singh, injured PW3, Bhola Singh, an eye-witness, PW4, SI Lal Singh, PW5, and Harcharan Singh ASI, PW6. Thereafter, the prosecution closed its evidence.