K.P.S.SANDHU, J. - (1.) PRITAM Singh has come up in appeal against his conviction under Section 307 of the Indian Penal Code recorded by the Additional Sessions Judge, Amritsar, vide his order dated 8th October, 1982. He has been sentenced to rigorous imprisonment for three years and a fine of Rs. 500/- in default, further rigorous imprisonment for six months.
(2.) MILKHA Singh injured prosecution witness was posted as a Moharrir Head Constable at Police Post, Khasa. On 21st November, 1981, Milkha Singh aforesaid left the police post for Amritsar for completion of certain police record. However, he deputed Pritam Singh appellant in his place by making an entry in the roznamcha. It is further alleged that Milkha Singh came back at about 6 p.m. in a drunken condition and started giving filthy abuses to the appellant saying who he was to sit in the chair of the Moharrir Constable. There was grappling between the appellant and the injured prosecution witness. The appellant is stated to have gone to his barrack, brought chhura Exhibit 4 and stabbed Milkha Singh in the left flank. He was overpowered by Swinder Singh PW and other police officials and the dagger was snatched from him. The injured was removed to S.G.T.B. Hospital, Amritsar, where he was medically examined by Dr. Harwant Singh Gill PW 2 who found the following injury on his person :- 1. Incised stab wound 3.5 x 1.5 cm (depth not probed) on the left side of the lower part of the chest in its posterior maxillary line, 19 cm below the left axilla and 18 cm below and lateral to the left nipple at 8 O' clock position. The wound was obliquely placed and bleeding. The appellant was also got medically examined from Dr. Harwant Singh Gill PW 2 on 22nd November, 1981, at 9.15 p.m., who found the following injuries on his person :- 1. A reddish contusion 3 cm x 2 cm on the middle of lower lip and there was an abrasion corresponding to contusion on the inner aspect of mucous membrane. The lower left central incisor and the lateral incisor tech were shaky. The lower right central incisor was also shaky. Coagulated blood was present in the gum of the lower lateral incisor. There was 13 teeth present in the lower jaw and 16 teeth present in the upper axilla. 2. A faint reddish contusion 4.5 cm x 2.5 cm on back of left shoulder. 3. Complaint of pain in both the testicles. There was sight swelling of the scrotum but there was not any visible mark of injury externally. Dr. Vidur Joti PW 7 also opined about the unfitness of Milkha Singh to make a statement. Swinder Singh head Constable PW 3 then made statement before Assistant Sub-Inspector Ram Kishan, Exhibit PF. On the basis of the same formal first information report was recorded. The Head Constable handed over jersey Exhibit P-1, banian Exhibit P-2 and bush shirt Exhibit P-3 belonging to the injured and bearing the cut marks to the Assistant Sub-Inspector. He also produced bloodstained dagger Exhibit P-4 before the Assistant Sub-Inspector. When examined under Section 313 of the Code of Criminal Procedure, the appellant came out with the following version :- "As a matter of fact Swinder Singh, HC was not present at the time of the incident. I was writing the entries in the roznamcha when after 6 p.m. Milkha Singh PW arrived there armed with danda and in drunken condition. He started abusing me filthily and snatched the roznamcha. I requested him to get his arrival recorded in the roznancha but instead he assaulted with dang giving me blows on my face and back. He also grappled with near squeezed my testicles. Finding no way out to save my self I gave him injuries in self-defence. Chhura Exhibit P-4 has been planted upon me to boost up the story and was never snatched by the witnesses as alleged. Milkha Singh has given absolutely a wrong version. I had made my statement to ASI Ram Kishan giving my version and had also narrated the whole incident to HC Swinder Singh who for the reasons best known to him did not record that but on the following day HC Swinder Singh got me medically examined from S.G.T.B. Hospital, Amritsar, and consequently, I was falsely involved in this case. Because no heed was paid to my complaint, I filed a complaint against Milkha Singh PW under Sections 332/352/506 IPC and also 323 IPC and he has been summoned in that complaint by the Ilaqa Magistrate which is pending in the Court of Shri J.K. Uppal, J.M.I.C., and the next date is 27-10-82. I am absolutely innocent. He examined DW 1 Shri Pawan Kumar Ahalmed who proved a counter-complaint filed by the appellant against the injured prosecution witness.
(3.) APART from the medical evidence, the prosecution evidence mainly consists of the statement of PW 3 Head Constable Swinder Singh, an eye-witness; PW 5 Milkha Singh, the injured prosecution witness; and PW 6 Assistant Sub-Inspector Ram Kishan.;