AVTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment dated 16.7.1987 and order dated 17.7.1987 passed by the court of Additional Sessions Judge, Kurukshetra, who convicted the appellant Avtar Singh son of Shri Chaman Singh, aged 33 years at the time of his conviction, and sentenced him to undergo RI for a period of five years under Section 307 IPC.

(2.) THE brief facts of the case are that Kundan Singh injured was working as Granthi in the Gurdwara of village Gajlana. The appellant was the resident of that village and he wanted to be a Granthi of that Gurdwara in place of Kundan Singh. The latter refused to vacate that seat unless he was so asked by the villagers. This is the only motive in this case.

(3.) AFTER the occurrence, the two witnesses brought Kundan Singh complainant to Gurdwara where he became unconscious. Then he was taken to civil hospital at Ladwa. The doctor of that hospital informed the police and referred the patient to civil hospital at Kurukshetra, where the injured was medico-legally examined. In the meanwhile, SI Satnam Dass of Police Station Radaur arrived in the hospital. Since the condition of Kundan Singh was described as serious, SI Satnam Dass requested Shri U.B. Khanduja, Judicial Magistrate Ist Class, Kurukshetra, who reached the hospital and recorded the statement of Kundan Singh after obtaining the opinion of the doctor.