SUKHCHAIN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dtd. 7/1/2017 rendered by the learned Sessions Judge, Ferozepur, in Sessions Trial no.1 of 2017 whereby the appellant along with co-accused Gurdial Singh was charged with and tried for offences punishable under Ss. 308, 302 read with Sec. 34 of the Indian Penal Code (in short 'IPC'). They have been convicted and sentenced as under:-

(2.) The case of the prosecution, in a nutshell, is that Jarmal Singh complainant was present with his father Sukhdev Singh in their fields on 31/8/2015 at about 10.00 A.M. They noticed Sukhchain Singh and his father Dayal Singh damaging the watt in their fields. Sukhdev Singh father of the complainant objected to it and tried to refrain them from doing so. Sukhchain Singh accused with an intention to kill him, inflicted spade blow on his head. Sukhdev Singh fell on the ground. He became unconscious. Dayal Singh also gave fist blows on the eyes of Sukhdev Singh. The complainant got admitted his father in Baghi Hospital, Ferozepur. Police reached the spot. Investigating Officer moved an application Ex.PS seeking opinion of the doctor whether the injured was fit to make statement. The doctor made endorsement Ex.PS/1 declaring the injured unfit to make statement. Jarmal Singh son of the injured met the police party and got his statement Ex.PM recorded. FIR Ex. PU was registered. The Investigating Officer prepared the site plan Ex.PV. Blood stained soil and simple soil were lifted. Mukhtiar Kaur wife of the injured also produced blood stained clothes of the injured. Sukhchain Singh accused was arrested on 11/9/2015. Investigation was completed. Challan was put up after completing all the codal formalities.

(3.) The prosecution examined a number of witnesses. Statements of accused were recorded under Sec. 313 Cr.P.C. They denied the case of prosecution. The appellant along with co-accused was convicted and sentenced, as noticed hereinabove.