GURBACHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and the order of sentence, dated 17. 09. 94, rendered by the Court of Additional Sessions judge, Amritsar, vide which, it convicted the accused (now appellant) for the offence, punishable under Section 307 of the Indian penal Code, and sentenced him, 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.

(2.) THE facts, in brief, are that on the night intervening 27/28. 06. 91, at about 2. 15 A. M. , Kuldip Singh, complainant, along with his brother Gurdip Singh, went to their field, for irrigating the same. Their turn was after the turn of Gurbachan Singh, accused, and they took their turn, after about ten minutes of the expiry of the turn of Gurbachan singh. Gurbachan Singh, accused, armed with a kirpan came there, and asked them, as to why they had started irrigating their field. Kuldip Singh, and his brother Gurdip singh, told him, that it was their turn for irrigating their land. On hearing this, gurbachan Singh, started giving kirpan blows on the person of Gurdip Singh, which hit his right and left legs, left hand finger, left and right arms, wrist, head, nose, left ear and near left eye. Gurdip Singh fell down, on the ground, on receipt of the injuries. On hearing their alarm, Sardool Singh, resident of Purane Waryana, was attracted to the spot, and witnessed the occurrence. The accused thereafter ran away, from the place of occurrence, along with kirpan. Sardool singh, removed the injured to Civil Hospital, sarhali and then he was referred to Amritsar.

(3.) ON 02. 07. 91, Assistant Sub-Inspector pritam Singh, received the medico-legal report of Gurdip Singh, and moved an application PE, before the doctor, to ascertain whether the injured was fit to make statement. The doctor opined vide his endorsement PE/1, that Gurdip Singh, injured, was unfit to make statement. Kuldip Singh, brother of injured Gurdip Singh, met Assistant Sub-Inspector pritam Singh, in the hospital. He made a statement PC, before assistant Sub-Inspector Pritam Singh, which was read over to him, and after admitting the same to be correct, he thumb marked the same. Assistant Sub-Inspector Pritam singh, made endorsement PC/1 on the same, and sent the same to the Police Station, on the basis whereof, the first information report PC/2, was recorded. Assistant Sub-Inspector Pritam Singh, went to the place of occurrence, where Kuldip Singh, produced before him, the clothes of Gurdip singh, which were stained with blood. The clothes were parna P1, shirt P2 and turban p3, which were taken into possession vide memo PD, attested by Kuldip Singh, and dihar Singh. He prepared the rough site plan pg. Assistant Sub-Inspector Pritam Singh, again went to the hospital and moved an application PH, before the doctor, who vide his endorsement PH/1, declared the injured unfit to make statement.