Gurdev Singh, J. - (1.) GURCHARAN Singh, Jagsir Singh and Mukhtiar Singh were charged for the offences under Sections 323, 324 and 326 read with Section 34 IPC for having voluntarily caused hurt and grievous hurt with the help of instruments of cutting to Bikkar Singh complainant (PW -1), in furtherance of their common intention. On the basis of the evidence produced by the prosecution, in the form of ocular evidence, consisting of the statement of the said complainant, Resham Singh (PW -2); medical evidence, furnished by Dr. H.S. Gill (PW -3) and the corroborative evidence furnished by Surjit Singh ASI (PW -4) Investigating Officer, the Judicial Magistrate Ist Class, Moga, convicted the accused for the aforesaid offences and sentenced them as under: JUDGEMENT_247_LAWS(P&H)2_2011.htm (i) to undergo rigorous imprisonment for a period of two years under Section 326/34 IPC and to pay fine of Rs. 500/ -, in default thereof to further undergo imprisonment for a period of one month; (ii) to undergo rigorous imprisonment for a period of six months under Section 324/34 IPC; and (iii) to undergo rigorous imprisonment for a period of three months under Section 323/34 IPC.
(2.) FEELING aggrieved against that conviction and sentence, they preferred an appeal, which was dismissed by the Additional Sessions Judge, Moga, vide judgment dated 13.7.2005. Now they have preferred the present revision petition against that conviction and sentence. The accused were nursing a grudge against Bikkar Singh -complainant on account of irrigation of his land with the help of canal water. On 3.7.1999 at about 10 p.m. he was going to his fields on a bicycle and was being followed by his brother Resham Singh, on the other bicycle. When they reached near the fields of Kaka Ram Pandit, the accused met them. At that time Gurcharan Singh was armed with a gandasa, Jagsir Singh armed with a dah and Malkiat Singh was armed with a kassauli. Jangir Singh remarked that they were just waiting for him and when he replied that he has not caused any loss to them, Gurcharan Singh gave blow with his gandasa from the sharp side on his head, as a result of which, he fell down. While he was lying on the ground Jagsir Singh gave a dah blow on the finger of his left hand and Mukhtiar Singh gave a blow with his kassauli on his left arm. The complainant raised an alarm and his brother challenged the accused, upon which they ran away from the spot with their respective weapons. From the spot he was lifted by his brother and was taken to his house and the occurrence was disclosed by his brother to their third brother Makhan Singh. Thereafter, he was removed to Civil Hospital Baghapurana and was admitted at that place. He was medically examined by Dr. H.S. Gill, who found five injuries on his person, which were detailed in the medico legal report Ex. PW3/A. Copy of the MLR was sent to the Police Station and on receipt thereof, Surjit Singh ASI (PW -4) came to the hospital and made an application Ex. PB to inquire about the fitness of the complainant to make statement, who was declared fit by the doctor. Thereafter, ASI recorded his statement Ex. PA. After recording the police proceedings Ex. PA/1, he sent the same to the police station, on the basis of which formal FIR Ex. PC was registered against the accused under Sections 323 and 324 read with Section 34 IPC. He went to the place of occurrence and after inspecting the same prepared the rough site plan Ex. PD with correct marginal notes. The injuries on the person of the complainant were subjected to radiological examination. On the basis of the x -ray report Ex. PW3/C and the skigrams Exs. PW3/E to Ex. PW3/G, Dr. H.S. Gill declared injury No. 3 on the person of the complainant as grievous, vide his opinion Ex. PW3/J. After that opinion, offence under Section 326 IPC was added against the accused. On 11.7.1999, Gurcharan Singh and Jagsir Singh were arrested by the ASI. On interrogation, Gurcharan Singh made a disclosure statement Ex. PE that he has kept concealed the gandasa in the hay stack lying in his house about which only he had the knowledge and could get the same recovered from that place. In pursuance of that disclosure statement, he got recovered the gandasa from the said place. The ASI prepared a rough sketch Ex. PG of that gandasa and took the same into possession, vide memo recovery Ex. PH. Similarly, Jagsir Singh suffered a disclosure statement Ex. PF that he had kept concealed the dah on the back side of iron box lying in his residence, about which only he had the knowledge and could get the same recovered from that place. In pursuance of that disclosure statement, he got recovered the dah. The ASI prepared rough sketch Ex. PJ of that dah and took the same into possession, vide recovery memo Ex. PK. On 20.7.1999, Mukhtiar Sigh accused was arrested. On interrogation, he disclosed that he had kept concealed one kassauli in the heap of rice straw lying on the back side of his house about which only he had the knowledge and could get the same recovered from that place. In pursuance of that disclosure statement Ex. PL, he got recovered the kasauli from the said place. The ASI prepared rough sketch Ex. PM thereof and took that into possession, vide recovery memo Ex. PN. All these weapons were deposited by the ASI with MHC. After completion of the investigation, challan was put in before the Judicial Magistrate Ist Class, Moga. The JMIC charged the accused for the aforesaid offences, to which they pleaded not guilty and claimed trial.
(3.) I have heard learned Counsel for both the sides.;