GURCHARAN SINGH ALIAS BOLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is filed against the conviction and sentence imposed by the learned Sessions Judge, Hoshiarpur on the accused for an offence under Section 307 I.P.C.

(2.) ACCORDING to the prosecution, the accused aged about 20 years at the time of the occurrence went alongwith the complainant injured Piara Singh and another to village Kotla for taking liquor and while drinking liquor, accused quarrelled with Piara Singh and thereafter Piara Singh left the place for his village. When Piara Singh was in the fields of village Kotla, Shisha Singh and Gurcharan Singh went behind him. Shisha Singh caught hold of Piara Singh and the accused Gurcharan Singh gave a blow with a Datar on the face and right shoulder of Piara Singh. Thereafter the accused and his companion ran away. Thereafter, on the next day, a complaint was given to the police and the investigation was taken up and the injured person was sent to Civil Hospital, Tanda for treatment of the injuries sustained by him. On the basis of the report filed by the police, the committal Magistrate committed the case to the Court of Sessions who framed charge against the accused under Section 307 I.P.C. On a consideration of the evidence on record, the learned Sessions Judge convicted the accused for the said offence and sentenced him to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 1000/-.

(3.) THE evidence of Doctor Kaushal Singh PW-2 clearly shows that the victim PW-1 sustained injuries. PW-1 deposed about the incident. According to his evidence, he alongwith the accused and another person namely Shisha Singh had gone to the village Kotla for taking liquor and while drinking, the accused quarelled with him and when he (Piara Singh) started going back to his village, the accused came behind him and caused injuries to him. The evidence of PW-2 and PW-3 who are Doctors, who have examined PW-1 inter alia shows that PW-1 sustained the injuries. PW-4 who is the Investigating Officer. (sic) Except the evidence of injured, there is no other evidence. Reading of evidence of PW-1 clearly shows that he and the accused were friends and they went to have a drink and while drinking there started a quarrel and there was no previous enmity.