BACHITTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant appeal has been filed against the order dtd. 5/7/2004 passed by Additional Sessions Judge (Adhoc), Fast Track Court, Gurdaspur, vide which the accused-appellant was convicted under Sec. 307 of Indian Penal Code (in short 'IPC') and sentenced as under:-

(2.) As per statement Ex. PG given by complainant PW-4 Sewa Ram to PW-6 SI Sawinder Singh on 30/1/2002 at 05.00 p.m., his son PW-5 Rajinder Kumar had had a minor dispute with the accused-appellant Bachittar Singh pertaining to some election, a day prior to the alleged occurrence, i.e. on 29/1/2002. The appellant had allegedly threatened PW-5 Rajinder Kumar that he would not be spared by him. The following day, i.e. on 30/1/2002 at about 09.00 a.m., the complainant alongwith his son PW-5 Rajinder Kumar and one Vikram were going on a scooter towards Gurdaspur city for some work. On the way, they stopped the scooter for answering the call of nature. While they were standing next to the scooter, appellant-Bachittar Singh came to the spot and threatened his son that he would teach him a lesson for their earlier dispute and while saying so, he took out a kirch from his trousers and inflicted two blows on the left ear of his son. PW-5 Rajinder Kumar tried to save himself from this attack but the appellant inflicted a third kirch blow on the left side of his chest as well. On an alarm being raised, the appellant fled from the spot alongwith the weapon. The injured Rajinder Kumar was soon thereafter taken by the complainant and Vikram to the Civil Hospital on the scooter. On reaching the Civil Hospital, Gurdaspur, he was medico legally examined by PW-1 Dr. S.K. Hans on 30/1/2002 at 10.05 a.m. On the said date itself, PW-3 Dr. H.S. Bhatia performed a surgery on injured Rajinder Kumar. Since the injured Rajinder Kumar was unfit to get his statement recorded, the Investigating Officer-SI Sawinder Singh (PW-6) recorded the statement (Ex. PG) of Sewa Ram-father of the injured, leading to the registration of FIR No.15 dtd. 30/1/2002 under Ss. 307 and 324 of IPC (Ex. PW-6/D). After the arrest of the appellant on 2/2/2002, he suffered a disclosure statement in pursuance to which the recovery of the weapon of offence, i.e. kirch was effected vide recovery memo Ex.PW-6/J. The accused-appellant pleaded not guilty to the charge framed under Sec. 307 IPC and claimed trial.

(3.) In support of his case, the prosecution examined as many as 6 witnesses and tendered all the relevant documents.