INDERJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision is directed against the judgment, dated 03.09.02, rendered by the Court of Additional Sessions Judge, Bathinda, vide which, the appeal against the judgment of conviction and the order of sentence, dated 04.07.2000, rendered by the Court of Chief Judicial Magistrate, Bathinda, was partly accepted, acquitting Sukhdev Singh, accused, and confirming the conviction and the sentence of Inderjit Singh, accused (now revision-petitioner).

(2.) THE facts, in brief, are that Chattar Singh son of Gurdev Singh, and his father Gurdev Singh, were having their dinner, in their house, at about 9.00 PM. The bulb of the kitchen was glowing. Sukhdev Singh son of Harchand Singh, and Inderjit Singh, accused, his son, while standing on the roof of the verandah of their house were abusing them, on the ground, that they had got removed the water tap, which was installed in the street whereas, Chattar Singh and his father Gurdev Singh, had been unable to cause any harm to them. Gurdev Singh, on hearing abuses of Sukhdev Singh and Inderjit Singh, accused, went to the roof of the verandah and requested them not to do so, as the matter had already been settled by compromise, between them, but the accused continued abusing them. At the same time, Sukhdev Singh, accused (since acquitted), who was having a half brick, in his hand, threw the same towards Gurdev Singh, which hit his forehead above the left eye. Chattar Singh son of Gurdev Singh, after leaving his meals, in the mid, went to the roof top of the verandah and witnessed the occurrence. On account of the injury, on the eye of Gurdev Singh, he fell down on the roof of the verandah. The complainant raised alarm of 'do not kill do not kill'. When the father of the complainant tried to stand up, Inderjit Singh, accused, pushed him with both his hands from the roof. Due to such push, Gurdev Singh, fell down, on the ground, from the roof, as a result whereof, his hip joint got fractured. Thereafter, both the accused ran away towards their house. In the meanwhile, mother of the complainant called his uncle Bela Singh. Thereafter, Gurdev Singh, was taken to the hospital. Since his condition was precarious he was referred to the Daya Nand Medical College and Hospital, Ludhiana, on the next day where he remained admitted for a period of about one month.

(3.) ON their appearance, in the Court, the accused were supplied the copies of documents, relied upon by the prosecution. Charge under Sections 452, 325 and 325 read with Section 34 of the Indian Penal Code, was framed against them, which was read-over and explained to them, to which they pleaded not guilty, and claimed judicial trial.