GURNAM SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-2013-10-437
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 24,2013

GURNAM SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

Jitendra Chauhan, J. - (1.)THE present revision petition has been filed against the judgment dated 3.5.2003, passed by the learned Additional Sessions Judge, Patiala, vide which, the appeal filed against the judgment and order dated 10.10.2001, passed by learned Judicial Magistrate, 1st Class, Rajpura, convicting and sentencing the petitioners to undergo RI for one year each and to pay fine of Rs. 1500/ - each; in default of payment of fine, the defaulter to further undergo RI for three months under Section 326/34 of Indian Penal Code and to undergo RI for six months and to pay fine of Rs. 500/ - each; in default of payment of fine, the defaulter to further undergo RI for one month under section 324/34 of IPC. The sentences were ordered to run concurrently. The facts necessary for adjudication of the matter as narrated in para No. 1 of the impugned judgment are as under: - -
On 23.11.1993, Ajmer Singh son of Budh Ram r/o Dera Jagadhari came to the police station and got D.D.R. No. 32 dated 23.11.93 recorded, that he is resident of village Dera Jagadhari. They are four brothers. The eldest is Kaka Singh, younger to him is Joginder Singh, then next younger to him is Prem Singh and he is the youngest. They are residing separately. On 23.11.1993, he and Kashmira Singh son of Mukhtiar Singh were sitting with the brother Prem Singh. In the meantime, Gurnam Singh son of Ram Sukh, his brother Karam Singh and Bant Singh son of Kishori Lal reached there. Gurnam Singh was armed with his Gandasi. Karam Singh was empty handed. Bant was armed -with Lathi. On reaching there they told Ajmer Singh that he is helping Sarpanch Gurnam Singh, who has got him transferred to Faridkot. He will be taught a lesson for it. On this Gurnam Singh gave Gandasi blow on his brother Prem Singh. It hit on his right leg below the knee. Bant Singh gave lathi blow which hit on the side of right eye of his brother. He and Kashmira Singh tried to separate Prem Singh. In the scuffle Karam Singh also received minor injuries. His brother Prem Singh became unconscious. In the meantime, Karam Singh also reached the police station. Both the injured were sent to Civil Hospital, Dera Bassi with constable Balwinder Singh 3164, after filling the relevant forms, Prem Singh was subjected to medical examination and the doctor entered the medico legal report No. 55. Injury No. 1 on the person of Prem Singh was declared grievous with sharp edged weapon and injury No. 2 was declared simple. Karam Singh was also subjected to medico legal examination and doctor entered medico legal report No. 56. There were two injuries on the person of Karam Singh. Both the injuries were caused with blunt weapon and were declared simple. Investigation was started. After completion of the investigation, the accused were challaned and report under Section 173 was prepared.

(2.)THE accused were charged under 326/324 read with Section 34 of IPC, to which they did not plead guilty and claimed trial.
In order to substantiate the charge, the prosecution has examined as many as seven witnesses, which are as under: - -

P.W.1 A.S.I. Megh Raj, deposed that on 4.12.1993, he sought police remand of Karam Singh accused.

P.W.2 Dr. Swaranjit Singh, who medico legally examined Prem Singh injured and found two injuries, and opined that one is grievous in nature and other is simple.

P.W.3 Prem Singh, the injured and eye witness.

P.W.4 Ajmer Singh, the complainant, who lodged the F.I.R. He was also an eye witness.

P.W.5 Karnail Singh, Naib Court, formal witness, proved Ex. P.W.5/A, copy of D.D.R.

(3.)WHEN examined under Section 313 of the Code of Criminal Procedure, the accused -petitioners denied all the incriminating circumstances appearing in the prosecution evidence against them and pleaded false implication. They examined Gurnam Singh D.W.1, Sultan Mohd. as D.W.2 and Mam Raj as D.W.3 and closed their evidence.


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