HARBHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 14.11.1996 passed by the Additional Sessions Judge, Jalandhar who convicted the appellant Harbhajan Singh under section 326 IPC and sentenced him to undergo rigorous imprisonment for one and half years and to pay a fine of Rs. 500/-. In default of payment of fine, he was further directed to undergo rigorous imprisonment for six months.

(2.) IT may be mentioned here that alongwith Harbhajan Singh son of Punjab Singh two others namely Surinder Singh and Sarwan Singh were also tried but they were acquitted by the trial Court by giving benefit of doubt.

(3.) KARAM Singh (PW.2) stated before the trial Court that Harbhajan Singh son of Punjab Singh, present appellant had litigation with Sagar Singh regarding lane. Appellant Harbhajan Singh is his collateral and he suspected that Karam Singh injured PW was helping Sagar Singh in the litigation. On the day of the occurrence i.e. on 5 p.m. Surinder Singh (since acquitted) armed with kirpan, Harbhajan Singh present appellant armed with kirpan and Sarwan Singh (since acquitted) armed with dang came from the eastern side. The appellant raised lakkara that Karam Singh should be killed upon which Surinder Singh gave a kirpan blow on the head of Karam Singh. Sarwan Singh gave a dang blow on the back of left shoulder of Karam Singh while Surinder Singh gave another kirpan blow on the forehead. Karam Singh PW fell down on the ground. The occurrence was witnessed by Harbhajan Singh son of Gurmail Singh a relation of Karam Singh injured. The injured was removed to the hospital Adampur where he was medically examined by Dr. Nidhan Singh (PW.1). He found the following injuries on person of Shri Karam Singh. 1. 4 cm x cm incised wound on the forehead, 6 cm above the left eye brow. 2. 2.5 cm x cm incised wound to the middle forehead.