GURMIT SINGH Vs. UNION TERRITORY OF CHANDIGARH

JUDGEMENT

(1.) TWO petitioners, namely Gurmit Singh and Harjit Singh along with their father Jaswant Singh were tried and convicted by the learned Chief Judicial Magistrate, Chandigarh vide his order dated 12.1.1983. Vide order dated 15.1.1983 the learned Chief Judicial Magistrate sentenced them as under :-

(2.) AMARJIT Singh injured PW 2 and Kirpal Singh PW1 were jointly running a transport known as M/s Dasmesh Transport Co. Transport Area, Chandigarh. On 13.5.1981 Gurmit Singh brought his truck No. PUR 3461 to Chandigarh Transport Area. There was some dispute about the commission to be paid by Gurmit Singh petitioner. There was exchange of hot words between Gurmit Singh and Amarjit Singh. Kirpal Singh PW 1 and Supinder Singh were also present there. At about 6.30 PM, the same evening Gurmit Singh and Harjit Singh petitioners and their co-accused Jaswant Singh came there armed. Gurmit Singh and Harjit Singh petitioners held Kirpal while their father was armed with a Lathi. They are alleged to have caused 'injuries to Amarjit Singh PW2. Amarjit Singh PW was medically examined on the same day at 6.50 P.M. by Dr. Ashok Gupta PW 4 and three incised wounds and one linear abrasion were found on his person. Injury No. 3 was declared grievous. F.I.R. Exhibit PA/1 was recorded at Police Station East, Chandigarh the same evening at 9.05 P.M. on the basis of the statements of Kirpal Singh PW 1.

(3.) THE prosecution evidence consists of Kirpal Singh PW 1 and Amarjit Singh Pw 2, both the eye-witnesses of the occurrence, Amarjit Singh being the injured one, PW 3 A.S.I. Mani Ram investigated the case while Dr. Ashok Gupta PW 4 medically examined the injured.