SARABJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision petition has been filed challenging the judgment passed by the learned Additional Sessions Judge, Jalandhar dated 6.10.2009, releasing the respondents-convicts on probation while converting their conviction from under Section 326 IPC to under Section 324 IPC.

(2.) The Sub Divisional Judicial Magistrate, vide judgment dated 01.12.2007, had convicted the respondents under Section 326/34 IPC and sentenced them to undergo rigorous imprisonment for a period of 3 years each and also to pay fine of Rs.5,000/- each. They were also convicted for the offence under Section 324 IPC. However, for the offence under Section 324 IPC, respondent-Manjit Kaur was sentenced to undergo rigorous imprisonment for a period of two years, whereas respondent-Pardeep Kaur was sentenced to undergo rigorous imprisonment for a period of one year. However, they were ordered to pay fine of Rs.1,000/- each.

(3.) Learned Additional Sessions Judge has found that initially the injured-petitioner was medically examined from Civil Hospital, Nakodar, where one lacerated wound on the anterior aspect of her left arm was found and the doctor opined that the injuries had been caused to her with blunt weapons. Thereafter the petitioner was admitted in Dang Hospital, Jalandhar, examined by Dr.J.S.Dang, who reported that Sarabjit Kaurpetitioner had an incised wound having been caused by sharp edged weapon. Learned Additional Sessions Judge had noticed that rapture of tendons, artery and nerves does not amount to grievous hurt. The Court also noticed that there is no evidence that injury upon her forearm had caused any permanent impairment of any of her joint or it had caused Sarabjit Kaur severe bodily pain for 21 days. In these circumstances, the learned court, after returning the finding, found that the offence under Section 326 IPC was not made out.