K.P.S.SANDHU, J. - (1.) PRITAM Singh appellant son of Mulla Singh, aged 35 years, resident of village Gumtala, District Amritsar, Stands convicted under Section 307 I.P.C. and sentenced to Rs.4 years' rigorous imprisonment and a fine of Rs. 500/-, in default further rigorous imprisonment for 6 months. He was further convicted under Section 324 I.P.C. and sentenced to one year's rigorous imprisonment and a fine of Rs. 200/-, in default further rigorous imprisonment for two months. However, both the substantive sentences of imprisonment were ordered to run concurrently by the Additional Sessions Judge, Amritsar. Pritam Singh convict, aggrieved by the order of conviction and sentence, of the trial Judge, has come up in appeal to this Court.
(2.) THE facts of the prosecution case, as brought out in the evidence are that both Chanan Singh injured and Pritam Singh accused belong to village Gumtala Five-six days prior to the occurrence, Pritam Singh accused asked Chanan Singh to keep some paddy saplings for him (Pritam Singh), which the latter plaughed. When Pritam Singh accused could not get paddy saplings from Chanan Singh, he felt offend and nursed grudge. On 25.7.1980 at about 7.30 p.m. when Chanan Singh injured and Balbir Singh PW3 were present at the tea-shop of Billa Mehtra in the Harijan Colony of village Gumtala, Pritam Singh accused armed with Gatra came there from the side of his tubewell and started abusing Chanan Singh. He gave two gatra (small kirpan) blows in the abdomen of Chanan Singh PW. On a noise raised by Chanan Singh injured and Balbir Singh PW, the accused made good his escape alongwith his small kirpan. The injured Chanan Singh was then taken to the hospital in Rehra, where was medically examined. The medico-legal report was handed over to Avtar Singh PW1 on the third day, who took the same to Police Station, Sadar Amritsar. He handed over the same to A.S.I. Raj Kishan who met him on the way. Case was registered on the statement of Avtar Singh PW1. According to him, the respectables of the village were trying to get a comprise effected between the parties. The prosecution, in order to prove its case against the appellant, examined Avtar Singh PW1 and Balbir Singh PW3 as eye-witnesses of the occurrence while Chanan Singh injured appeared as PW2. Dr. Amar Singh, who medically examined Chanan Singh injured, found the following injuries on his person :- 1. Incised stab wound 4 cmXcm, depth not probed, on left side of abdomen, at 50' clock position 5 cm below umbilicus. Wound was obliquely placed and bleeding. 2. Incised stab wound 3-1/2cm X 2cm, depth not probed, on left ilasic fossa, 10 cm from umbilicus. Wound was obliquely placed and bleeding.
(3.) WHEN examined under Section 313 of the Code of Criminal Procedure, the accused-appellant made a denial simpliciter.;