STATE OF PUNJAB Vs. BHOLA SINGH

JUDGEMENT

(1.) THIS appeal has been filed by the State of Punjab against acquittal of Bhola Singh and Amrik Singh, accused-respondent for an offence punishable under Section 326 IPC, by the Court of learned Judicial Magistrate Ist Class, Batala vide his judgment dated 23.9.1992. However, they were convicted under Section 324 IPC and released on probation for a period of one year. Their co-accused Arjan Singh was convicted under Section 323 IPC only whereas the remaining three accused namely Baj Singh, Jirmal Singh and Puran Singh were acquitted. An appeal was filed against the acquittal of all the accused but vide order dated 26.5.1993, leave to appeal was granted qua the aforesaid two respondents with regard to the offence under Section 326 IPC only.

(2.) THE brief facts of the prosecution case are that Bhola Singh and Amrik Singh, accused-respondents along with their companions had caused injuries to Iqbal Singh and Baljinder Singh on 5.10.1986 at about 8/9.00 A.M. with their respective weapons. Bhola Singh and Amrik Singh were armed with Gandasis. Iqbal Singh injured (PW-1) was medico-legally examined by Dr. Bikramjit Singh (PW-5) and nine injuries were found on his person. Out of these injuries, injury Nos. 1, 3, 7 and 9 were kept under observation for X-ray report. Injury No. 4 was declared as grievous. Injury Nos. 2, 5, 6 and 8 were declared to be simple in nature. Injury Nos. 4 and 6 were caused with sharp edged weapon while the remaining injuries were caused by blunt weapon. His medico-legally report was proved as Exhibit PW-5/A.

(3.) THE matter was reported to the police by Iqbal Singh injured when his statement was recorded on 6.10.1986 at about 8.00 P.M.