- (1.) This appeal has been filed against the judgment/order dated 21.11.2000, whereby the learned Additional Sessions Judge, Nawanshahar (SBS Nagar), convicted the appellant under Section 325 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 2000/- and in default of payment of fine to further undergo RI for six months.
(2.) The facts necessary for adjudication of the matter as reflected in para no. 1 of the impugned judgment are as under:- " As set up by the prosecution, on 18.8.1998, Palwinder Singh sonof Avtar Singh, Jat, resident of Mohalla Rajputan, Rahon, made statement Ex. PG before Kashmira Singh, ASI P. S. Rahon, in the terms that he is residing at the above given address and is working as a private compounder with Dr. RK. Sharma on Kothi Road, Nawanshahar. His father Avtar Singh is doing agriculture. On 16.8.1998, around 2.15 PM, Palwinder and his father Avtar Singh and paternal uncle, Kulwant Singh, were going about their work in their Haveli. Dilbagh Singh alias Bagha son of Banta Singh (accused) was throwing manure from his own Haveli into their (Palwinder Singh and others) land meant for moulding dung cakes from a height of about 10-12 feet. They all went and prohibited him (Dilbagh Singh) from doing so, but he did not desist from doing so, despite repeated requests made by his (Palwinder Singh's) father. Ultimately, Dilbagh Singh, while at a height of about 10-12 feet lifted a brick and inflicted the same in the head of his father in huff and as its consequence, his father sustained a serious injuries in his head and he became unconscious. They raised alarm of Bachao, Bachao (Save- Save). Then Dilbagh Singh ran away while raising Lalkaras. The motive behind this occurrence is that Dilbagh Singh wanted to take forcible possession of their above-said land to which they were objecting and keeping in view that rancour, Dilbagh Singh gave brick blow in the head of his father. They removed their father to Civil Hospital, Nawanshahar after arranging conveyance and from there he was referred to DMC, Ludhiana where he was admitted and his treatment was started. Now his father is under treatment at New DMC, Ludhiana and is still in a state of unconscious and that he has come to inform about this occurrence and action be initiated. That this occurrence was also witnessed by his paternal uncle, Kulwant Singh. The said ASI after having made his endorsement Ex. PG/2, thereunder, sent the statement to the Police Station, where on its basis formal FIR Ex. PG/2 came into being. "
(3.) After completing the investigation, the challan was filed in the Court and the accused appellant was charged under Section 307 of IPC, to which, he did not plead guilty and claimed trial.;