ROSHAN Vs. BABU KHAN

JUDGEMENT

(1.) THIS judgment shall dispose of Criminal Revision No. 568 of 1988 Babu Khan and others v. State of Punjab and Criminal Revision No. 741 of 1988 Roshan v. Babu Khan and others both filed against the same judgment and order dated 19.1.1988 passed by the Judicial Magistrate Ist Class, Rajpura and judgment dated 7.6.1988 passed by the Additional Sessions Judge, Patiala. Criminal Revision No. 568 of 1988 has been filed by the accused against the conviction of accused petitioners under Sections 326, 324/149 and 148 of accused petitioners Balbir, Babu and Amarjit and under Sections 324, 326/149, 324/149 and 148 IPC of accused petitioners Sant and Saber and sentencing them to undergo various imprisonments vide judgment and order dated 19.1.1988 passed by the JMIC, Rajpura and the judgment dated 7.6.1988 passed by the Additional Sessions Judge, Patiala vide which the conviction and sentence awarded to the accused petitioners were upheld and their appeal was dismissed. Criminal Revision No. 741 of 1988 has been filed by Roshan Khan, complainant for the enhancement of the sentence awarded to the various accused in this case.

(2.) THE facts in brief are that Roshan Khan, complainant made a complaint to the police that on 11.1.1985 at about 7.00 a.m. he was coming to his house from the house of his father, when accused petitioners Babu Khan and Amarjit came from behind and caught hold of him while accused Sant and Saber Khan armed with a gandasi each and accused Balbir Khan armed with Kirpan attacked him with their respective weapons and caused him various injuries. It was alleged that Sant gave him gandasi blow on his thumb while Saber Khan gave him two gandasi blows on his head while Balbir Khan gave a kirpan blow on his right hand. It was alleged that on hearing the alarm raised by him, Ujagar Singh and Didar Singh came to the spot and on seeing them all the accused ran away from the spot with their respective weapons after causing him injuries. It was alleged that the cause of incident was a pending civil litigation regarding some immovable property. The said statement of Roshan Khan complainant was recorded by the police in the daily diary register. Roshan Khan, complainant was medico-legally examined on 11.1.1985 itself and it was found that he had sustained as many as 4 injuries on his person which he had received within a duration of 24 hours with a sharp edged weapon and all these injuries were kept under observation. Injury No. 3 was declared as grievous due to limitation of movement of right thumb which was a permanent disability while other injuries were declared as simple. Thereafter the present FIR under Sections 326/148/149 IPC was registered in police station on 29.1.1985. Case was investigated by the police and the accused were arrested in this case and after the completion of the investigation the accused were challaned. The prosecution led its evidence. Thereafter the statements of the accused under Section 313 Cr.P.C. were recorded in which they denied the prosecution allegations against them and said that they were innocent and had been falsely implicated in this case. However, the accused did not lead any evidence in their defence.

(3.) I have heard the learned counsel for the parties and have gone through the record carefully.