SUKHDIP SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard.

(2.) On 13.10.1998, according to the prosecution, Lachhman Singh had come to the Government College, Tanda, where he was a student of B.A. Part II, to study. At about 11.00 A.M. he was standing in front of the Canteen of the college. Sukhdip Singh alias Deep armed with Datar, Sukhjit Lal alias Saini armed with Datar, Tejinder Singh alias Happy armed with Kirpan and Deepak Vashisht alias Danny, who is the maternal son of Mahesh Saini village Jaja, empty handed, came to him (Lachhman Singh, PW) are students of Government College, Tanda. Danny raised a 'Lalkara' that Lachhman Singh be taught a lesson for picking up quarrel with Kamal Singh. Danny took Lachhman Singh in his grip. Sukhdip Singh @ Deep weilded datar blow towards Lachhman Singh and to ward off the blow, Lachhman Singh raised his right hand and datar blow fell on his right thumb. Sukhjit Lal alias Saini dealt a datar blow hitting Lachhman Singh on his head. Tejinder Singh alias Happy dealt a kirpan blow hitting Lachhman Singh on his left upper ann. Doctor found three injuries on the person of Lachhman Singh on his medical examination. Injury No.1 which is an incised wound 3 cm x 1-1/2cm into bone deep present over the dorsal surface of thumb of the right hand of Lachhman Singh, was declared as grievous by the doctor after he had gone through x-ray report. Remaining two injuries were declared simple.

(3.) Learned counsel for the petitioners submits that so far as Deepak Vashishth alias Danny is concerned, to him, no injury has been attributed. Only a 'lalkara' has been attributed. Suffice it to say, to him, the attribution is that he took Lachhman Singh in his grip. To Tejinder Singh alias Happy, the attribution is that he dealt a kirpan blow on the left upper arm of Lachhman Singh. Tolukhjit Lal alias Saini, the attribution is that he dealt datar blow on the head of Lachhman Singh. Doctor found contusion on the fore-head of Lachhman Singh. Learned counsel submits that datar is a sharp edged weapon and contusion cannot be the result of sharp edged weapon.