- (1.) The present Criminal Revision petition has been filed challenging the judgment, dated 28.5.2012, passed by the learned Additional Sessions Judge, Amritsar, whereby the appeal filed by the petitioners against the judgment of conviction and the order of sentence, dated 29.4.2011, passed by the learned Sub Divisional Judicial Magistrate, Ajnala, was dismissed.
(2.) The brief facts of the case are that Santa Singh (injured) stated to the police that he was resident of village Chartewali and was a farmer. The house of petitioner No. 2, Bhola, was at a distance of 4 Killas from the house of Santa Singh (injured), who was habitual of liquor and used to make shrieks in the loud voice after consumption of liquor. The objection raised by Santa Singh (injured) was not adhered to by Dalbir Singh (since deceased), who was father of petitioners Nos. 1 and 2, namely, Satnam Singh @ Billa and Bhola. Santa Singh (injured) further stated to the police that on 15.10.2001, at about 7.00 a.m., Dalbir Singh (since deceased), armed with a Dang; his sons, Satnam Singh @ Billa (petitioner No. 1), armed with a Dang; and Bhola (petitioner No. 2), armed with a Dang, came near his house. Petitioner No. 2, Bhola, inflicted a Dang blow on his left arm and another blow near wrist of left arm. Petitioner No. 1, Satnam Singh @ Billa, gave a Dang blow on the forehead above nose and Dalbir Singh (since deceased) inflicted injury on the right side of the chest with Dang. On the noise raised by Santa Singh (injured), his wife, Puro, also started raising noise, then the three assailants ran away from the spot. Santa Singh (injured) was shifted to the hospital where he was medico-legally examined and after receipt of the X-ray Report, the FIR under Sections 323 and 325 read with Section 34, IPC, was registered.
(3.) After completion of the investigation, the charge-sheet for the offences punishable under Sections 323 and 325 read with Section 34, IPC, was presented for prosecution of the three accused persons. The learned Trial Court finding a prima facie case framed the charges against the three accused for the offences punishable under Sections 323 and 325 read with Section 34, IPC, to which they pleaded not guilty and claimed trial.;