AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
16 paragraphs · 483 wordsMehtab S. Gill, J.
This order is directed against the judgment/order dated 17.11.1987 passed by the Additional Sessions Judge, Ferozepur convicting the appellants under various Sections of the Indian Penal Code and sentencing them under as under :
Bohar Singh Under Section To undergo rigorous imprisonment
326 IPC for two years and to pay fine of Rs. 500/ and in default of payment fine to undergo further rigorous imprisonment for three months.
Under Section 324 IPC To undergo rigorous imprisonment for nine months.
Under Section 324/34 IPC To undergo rigorous imprisonment for nine months.
Lakhwinder Singh Under Section 326/34 IPC To undergo rigorous imprisonment for 11/2 years and to pay a fine of Rs. 500/ and in default of payment of fine, to undergo further rigorous imprisonment for three months.
Under Section 342/34 IPC To undergo rigorous imprisonment for nine months.
Under Section 324 IPC To undergo rigorous imprisonment for nine months.
All the substantive sentences of imprisonment have been ordered to run concurrently.
The prosecution story, in brief, is that on 18.6.1987 appellant Bohar Singh armed with gandasi and Lakhwinder Singh armed with a barachi attacked Gurcharan Singh. Bohar Singh gave a gandasi blow to Gurcharan Singh. The latter raised his hands in order to ward off the blow. The blow hit near wrist joint of his hand. Bohar Singh gave another gandasi blow to Gurcharan Singh on his left arm. Gurcharan Singh fell down. Lakhwinder Singh gave a barchhi blow on the back of the right side of chest of Gurcharan Singh. Gopal Singh and Gurbachan Singh witnessed the entire occurrence.
Gurcharan Singh was medicolegally examined. Case was registered against the appellants. Investigation was conducted. After the completion of investigation, the appellants were challanged and sent up for trial.
The trial Judge found the evidence of injured Gurcharan Singh, P.W.4 and eye witness Gurbachan Singh P.W.5 as reliable and inspiring and placed implicit reliance on the same. Their evidence finds ample support from the medical evidence. The counsel for the appellant could not successfully assail the findings of the trial Court so far as the conviction of the appellants is concerned. The trial Court has discussed all the points now raised before me and I do not find any infirmity in the same. Therefore, the conviction of the appellants is confirmed.
The occurrence in this case has taken place in the year 1987 and since then the appellants are undergoing the agony of trial. Moreover, they have already remained in the jail for about 61 days. In these circumstances, I am of the considered view that the ends of justice would be fully met if the sentence of the appellants is reduced to one already undergone by them. JUDGMENTed accordingly. The bail bonds and surety bonds of the appellants, if any, shall stand discharged.
The appeal stands disposed of as indicated above.
JUDGMENT accordingly.