MAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) As a sequel to the conviction of the appellant under Sec. 326 of the Indian Penal Code by the Additional Sessions Judge, Patiala vide his judgment/order dated Jan. 8, 1988 and consequent imposition of sentence of three years rigorous imprisonment and a fine of Rs. 2,000.00 and in default of payment of fine, further six months rigorous imprisonment, he is before this court in the present appeal. The fine, if realised was ordered to be paid to the injured as compensation subject to the decision of the appeal, if any.

(2.) The prosecution story in brief is that on March 5, 1987, he had gone to Samana from his village and missed the last bus for going back to his village. On his request, Gurjant Singh who is his nephew gave him lift on the scooter from Samana to his village. They reached at village Dhaentha after sunset. The appellant was present outside the excise vend of his village and appeared to be drunk. On seeing him, the appellant raised Lalkara challenging to teach him a lesson for getting the land of his father sold. The scooter was slowed down by Gurjant Singh at the turning of the street in which his house is situated. At that time, the appellant gave him blow with the Kirpan on his back while he was sitting on the pillion seat of the scooter. He fell down from the scooter on receiving the blow with the Kirpan and became unconscious. One Bharpur Singh of his village was also present near the scene at the time of incident. He was taken to Samaria Hospital where he was medically examined and from there he was taken to Rajindra Hospital, Patiala and he remained admitted there for 21 days. He made his statement about the occurrence Exhibit PG in Rajindra Hospital which he thumb-marked in token of its correctness.

(3.) PW1 Dr. P.K. Singla, Senior Medical Officer, Samana conducted the medico legal examination of Teja Singh injured on March 5, 1987 at 8.50 P.M. and found the following injury on his person :