ARUN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ARUN Kumar appellant was convicted by Shri A.S. Sodhi, Additional Sessions Judge, Faridkot, under Section 307 of the Indian Penal Code and sentenced to rigorous imprisonment for 3-1/2 years and a fine of Rs. 500/- and in default of payment of fine further rigorous imprisonment for six months. He was also convicted under Section 324 of the Indian Penal Code and ordered to undergo rigorous imprisonment for one year. Both the sentences were ordered to run concurrently. Feeling aggrieved he has filed this appeal.

(2.) THE prosecution story in brief is that on 4.9.1985, Moti Ram made a complaint to Assistant Sub Inspector Gurdit Singh that he was residing in Soodanwali Gali, near Civil Hospital, Moga and Arun Kumar appellant was his neighbour. Arun Kumar was in the habit of taking liquor and raising catcalls. On 3.9.1985, at about 9 or 10.00 p.m. Arun Kumar came in front of the house of Moti Ram and raised catcalls. Moti Ram protested and complained to Arun Kumar's father. The appellant felt offended.

(3.) PROSECUTION in support of its case has examined Dr. S.P. Bansal, PW-1, who had conducted X-ray examination of Kanwar Bhan and had found air in subcutaneous tissues on the right side of the chest. His report is Ex. P.1. PW-2 Moti Ram, PW-3 Kanwar Bhan and PW-4 Subhash Chander are the eye-witnesses. They have supported the case of the prosecution and given details of the occurrence. PW-5 Romesh Kumar Medical Officer, Civil Hospital, Moga, had medico-legally examined Moti Ram on 4.9.1985 and found one incised wound on the left side of the back. Dr. Romesh Kumar examined Subhash Chander at 4.55 p.m. the same day and found two incised injuries on his person. He also examined Kanwar Bhan same day at 5.10 p.m. and found one incised injury on his person. PW-6 Kulwant Singh Draftsman had prepared the site plan Ex. P.9 PW-7 Kartar Singh stated that on hearing the alarm raised he was attracted to the spot and he saw injuries being caused to Kanwar Bhan, Subhash Chander and Moti Ram by the accused-appellant. PW-8 ASI Gurdit Singh is the Investigating Officer.