KANALDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 16.11.2006/order of sentence dated 17.11.2006 passed by the Court of learned Additional Sessions Judge, Bathinda whereby he convicted and sentenced Kamaldeep Singh to undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs; 10,000 or in default of payment of the same to further undergo imprisonment for one month under Section 325 of IPC and further convicted Manpreet Singh under Sections 325 and 323 of IPC and released him on probation of good conduct under Section 4(1) of the Probation of Offenders Act and further convicted Raj deep Singh under Section 323 of IPC and released him on probation of good conduct under Section 4( I) of Probation of Offenders Act and acquitted the accused Raj Bahadur Singh giving benefit of doubt.

(2.) The facts in brief are that the fight took place between two groups of students in a college. On 28.1.1998 at about 12.30 p.m., complainant Kuldip Kumar and his brother Mandip Kumar were going to the college canteen. The brick bats were found heaped near the college canteen. The accused Kamaldeep Singh, Manpreet Singh, Rajdeep Singh and Raj Bahadur Singh were found sitting nearby. On catching sight of the complainant and Mandip Kumar, the accused Manpreet Singh raised lalkara that the complainant as well as his brother be not allowed to go scot free and unhurt. Raj Bahadur Singh grappled with Mandip Kumar, whereas Kamaldeep Singh gave a brick bat blow hitting on the right side of the forehead of Mandip Kumar. Rajdeep Singh and Manpreet Singh advanced towards the complainant Kuldip Kumar. Rajdeep Singh gave the brick bat blow on the forehead of the left side of the complainant, whereas Manpreet Singh gave brick bat blow which hit on the right hand finger of Kuldip Kumar. On being raised alarm, the accused decamped from the spot. This occurrence was witnessed by Kuldip Kumar, his brother Mandeep Kumar and one Navneet Kumar. They were rescued by other college students. The motive behind the occurrence was that the accused Manpreet Singh had earlier teased the cousin sister of Kuldip Kumar complainant to which Mandeep Kumar objected. That incidence was compromised. Due to this enmity, the accused had caused injuries on the person of Mandeep Kumar and Kuldip Kumar. The injured persons were removed to Civil hospital. In due course, the accused were arrested. After completion of investigation, the charge-sheet was laid in the Court of learned Illaqa Magistrate, who committed the case to the Court of Sessions for trial of the accused.

(3.) On commitment, the accused were charged to which they did not plead guilty and claimed trial. To bring home guilt against the accused, the prosecution examined PW1 Dr. Pushpinder Kaur, PW2 Dr. Krishan Goyal, PW3 Lovely Garg, PW4 Sohan Singh, PW5 Manoj Kumar, PW6 complainant Kuldip Kumar, PW7 Sub-Inspector Roop Singh, PW8 Sub Inspector Amritpal Singh, PW9 Dr. R. K. Kaushal, PW10 Dr. Seema Garg and closed its evidence.