KARAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS Criminal Appeal of Shri Karam Singh son of Shri Bhag Singh is being disposed of with the assistance rendered by Shri J.S. Brar, learned Deputy Advocate General, Punjab who appeared on behalf of the State but no assistance has been provided by the side of the appellant but I have gone through the grounds of appeal. The show must go on. For this reason I am disposing of the appeal of Karam Singh pending in this court since 1986.

(2.) THE story of the prosecution is that Surinder Singh PW is serving in the Army. On 8.4.1985, at about 7 p.m. Harbhajan Singh PW alongwith Surinder Singh PW were present in their Haveli. They were cutting the fodder with the chaff-cutter. Surinder Singh was on leave during those days. All the accused came there and raised Lalkara that they would teach a lesson to the PWs for fixing window and door in the lane. Resultantly Sagar Singh gave kirpan blow which landed on the index finger of Harbhajan Singh PW. Harbhajan Singh (since accquitted) gave a kirpan blow on the head of Harbhajan Singh PW. Karam Singh present appellant gave a Kirpan blow on the head of Harbhagwan Singh PW. Surinder Singh PW raised Raula upon which Pritam Singh was attracted to the spot. All the accused ran away with their respective weapons. Harbhajan Singh was taken to the hospital at Adampur but the accused party was also present there. Wherefrom he was taken to Civil Hospital, Jalandhar where he was medically examined. His statement was recorded by the police on 10.5.1985 and the same is Ex. PA. Hoshiar Singh Inspector PW.5 was Incharge of Police Station Adampur during those days. He went to Civil Hospital, Jalandhar and moved application Ex.PD regarding fitness of Harbhajan Singh to make a statement. The case was registered on the statement of Harbhajan Singh, PW.

(3.) INJURY No.1 was declared grievous while injury No. 2 was referred for Orthopaedic opinion. Injury No. 3 was referred for X-ray opinion. These were caused within probable duration of six hours. Injuries No. 1 and 2 were caused sharp edged weapon while injury No. 3 was caused with blunt weapon. Ex. PC is correct carbon copy of M.L.R. of Harbhajan Singh.