REKHA MITTAL, J. - (1.) THE present appeal lays challenge to judgment dated 08.01.2003 passed by the Additional Sessions Judge, Bathinda whereby Inderjit Singh @ Inder Singh -appellant has been convicted and sentenced for commission of offence punishable under Section 308 of the Indian Penal Code (in short "IPC") as detailed hereinbelow: - Fine(in ') Name of Under Section Sentence In Convict (R.I.) Default (R.I.) Inderjit Singh 308 IPC 4 years 2000/ - 1 year @ Inder Singh
(2.) THE facts, as noticed from the judgment of the trial court are that Sukhjant Singh son of Sohan Singh resident of Dhapali got recorded his statement Ex.PH that he and his two brothers are residing separately in their fields. Gurdev Singh Tamkotia has constructed a house after purchasing 1 kanal of land from them. Two days back, Inder Singh son of Gurdev Singh picked up quarrel with his mother and he was arrested by the police of Police Station Phool. In the last evening, he returned from the police station and at about 7 PM, he put the household articles on fire in the court yard of his house. When the complainant and his brother Bhola Singh saw smoke coming out, they came towards his (appellant's) house as their paddy crop was standing near his house and they feared that paddy crop may not catch fire. When they inquired from the accused "what has he done", Inder Singh gave a dang blow on his head and he fell down. He was saved by his brother Bhola Singh, otherwise the accused would have caused more injuries. His brother brought him to his house but when his condition started deteriorating, he was brought to the hospital at Phool but there was no doctor available and then brought to Rampura Hospital. On the basis of the statement of the injured victim and in view of the medico legal report stating the injuries to be simple in nature, an entry was made in daily diary register Ex.PJ. The injury was later declared grievous vide endst. Ex.PJ/1; FIR No.98 dated 21.10.2000 Ex.PM was registered for the aforesaid offence. During investigation, copy of calendera under Section 107/151 Code of Criminal Procedure (in short "the Code") was taken into possession through seizure memo Ex.PL. Burnt mattress lying in the court yard of the house of the accused, was taken into police possession through memo Ex.PN. Rough site plan of the place of occurrence Ex.PO was prepared. Dang Ex.P2 was recovered from the accused and taken into possession vide Ex.PQ. On completion of investigation, challan was presented in the Court of Illaqa Magistrate.
(3.) THE case was committed to the Court of Sessions as offence under Section 308 IPC is exclusively triable by the said Court. After considering the submissions made by counsel for the parties, charge under Section 308 IPC was framed against the accused to which he pleaded not guilty and claimed trial. To prove its case, the prosecution examined Dr.D.P.Bansal, Medical Officer, Civil Hospital, Rampura PW -1, Dr.Kamal Sharma from Omega Diagnostic Centre, Private Ltd. Goniana Road, Bathinda PW -2, Sukhjant Singh injured victim PW3, Bhola Singh, an eye witness to the occurrence PW4, SI Darshan Singh PW5, HC Sukhdev Chand PW6, ASI Swaran Singh PW7, HC Baljitpal PW8. ;