JAGMOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgement of conviction, and the order of sentence dated 18.04.95, rendered by the Court of Additional Sessions Judge, Faridkot, vide which, it convicted the accused, and sentenced them, as under:- Names of the accused (now appellants) Offence for which convicted Sentence awarded 1 2 3 (i) Jagmohan Singh (a) Under Section 308 of the Indian Penal Code. To undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 1,000/-## in default thereof## to further undergo rigorous imprisonment for a period of three months. The substantive sentences, were ordered, to run concurrently.

(2.) THE facts, in brief, are that Jasmel Singh and Jaswinder Singh were real brothers. Jagmohan Singh, accused, and Jasmel Singh, were neighbourers. Jaswinder Singh, was working as tailor-master at village Gholia Kalan. The sister of Amarjit Singh, prosecution witness, was married to Jaswinder Singh. Amarjit Singh, was working as apprentice with Jaswinder Singh, for the last one year. On 06.01.94, Jaswinder Singh had gone to see his brother Jasmel Singh. At about 11/12 noon Jinder Kaur, sister of Amrjit Singh came to the tailor's shop and intimated Amarjit Singh that Jasmel Singh and Jaswinder Singh were quarreling with Jagmohan Singh, accused. Amarjit Singh left the shop and went to the place where Jaswinder Singh and Jasmel Singh on one side, and Jagmohan Singh, and Jaggi, accused, on the other side were quarreling, but they were separated when Amarjit Singh, reached the spot. Jagmohan Singh, was armed with tamba. Jaggi, accused, raised an exhortation that the man power of the complainant party had increased with the arrival of Amarjit Singh. He then exhorted Jagmohan Singh, to attack the members of the complainant party, failing which they may attack them. Jagmohan Singh gave a tamba blow hitting the head of Amarjit Singh, prosecution witness, as a result whereof, he fell down on the ground. The occurrence was witnessed by Jasmel Singh and Jaswinder Singh. Amarjit Singh, injured, was taken to Civil Hospital, Moga, where he was medico-legally examined by Dr. Mohinderpal, at about 1.20 PM on 06.01.94 and the following injuries were found on his person :- (i) An abrased contusion (red) of the size of 3 1/2 x 4 cms on the head 5 cms right of midline and 4 cms behind anterior hairline (abrasions was of the size of 3 x 1/8 cms placed in the center of contusion). Fresh blood was oozing out from the abrasion. Xray was advised. (ii) Patient present with history of beating in the head. There was no history of unconscious after the incident. There was history of vomiting. There was history of bleeding per right ear. No history of bleeding per nose. Patient was disphasicadisarthic. Patient felt difficulty in moving of left arm. Pupils by laterally sluggage reaction to light. Pupils were unequal in size. BP of the patient was 120/80. Pulse rate was 90 per minute. This injury was to be observed for the assessment of the damage to the brain in view of these signs and symptoms. He also proved copy of the medico-legal report and copy of the pictorial diagram showing the seats of injuries. Injury No. 1, on the person of the injured was kept under observation and after receipt of Xray report and surgical opinion from Dr. Ramesh Sharma, Dr. Mohinderpal, declared injury No. 1 as dangerous to life, vide his supplementary report PB.

(3.) DR . S.P. Bansal, carried out xray examination of injury No. 1 on the person of Amarjit Singh, injured, and found depressed fracture of parietal bone on the right side of the skull. He also proved his report PF and skiagrams P1 and P2. Dr. Ramesh Sharma, to whom the injured was referred for surgical opinion also opined that there was a depressed fracture of right parietal bone. After the completion of investigation, the accused were challaned.