Gurcharan Singh alias Bola vs State of Punjab

T.H.B. Chalapathi, J.

This appeal is filed against the conviction and sentence imposed by the learned Sessions Judge, Hoshiarpur on the accused for an offence under Section 307 I.P.C.

According to the prosecution, the accused aged about 20 years at the time of the occurrence went alongwith the complainant injured Piara Singh and another to village Kotla for taking liquor and while drinking liquor, accused quarrelled with Piara Singh and thereafter Piara Singh left the place for his village. When Piara Singh was in the fields of village Kotla, Shisha Singh and Gurcharan Singh went behind him. Shisha Singh caught hold of Piara Singh and the accused Gurcharan Singh gave a blow with a Datar on the face and right shoulder of Piara Singh. Thereafter the accused and his companion ran away. Thereafter, on the next day, a complaint was given to the police and the investigation was taken up and the injured person was sent to Civil Hospital, Tanda for treatment of the injuries sustained by him. On the basis of the report filed by the police, the committal Magistrate committed the case to the Court of Sessions who framed charge against the accused under Section 307 I.P.C. On a consideration of the evidence on record, the learned Sessions Judge convicted the accused for the said offence and sentenced him to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 1000/.

Aggrieved by the said conviction and sentence, the accused preferred this appeal.

The evidence of Doctor Kaushal Singh PW2 clearly shows that the victim PW1 sustained injuries. PW1 deposed about the incident. According to his evidence, he alongwith the accused and another person namely Shisha Singh had gone to the village Kotla for taking liquor and while drinking, the accused quarelled with him and when he (Piara Singh) started going back to his village, the accused came behind him and caused injuries to him. The evidence of PW2 and PW3 who are Doctors, who have examined PW1 inter alia shows that PW1 sustained the injuries. PW4 who is the Investigating Officer. (sic) Except the evidence of injured, there is no other evidence. Reading of evidence of PW1 clearly shows that he and the accused were friends and they went to have a drink and while drinking there started a quarrel and there was no previous enmity.

From the evidence on record, I am of the opinion that it is true that the accused had no intention to kill the victim. So the causing of the injuries on PW1 does not amount to an offence under Section 307 I.P.C. Therefore, the conviction of the accused under Section 307 I.P.C. is liable to be set aside. At the same time, I do not find any reason to disbelieve the evidence of PW1, PW2 and PW3. The injuries found on the person of victim were grievous in nature. Thus, it is clear that the accused inflicted grievous injuries to the victim though not with an intention to kill him.

I, therefore, set aside the conviction of the accused under Section 307 I.P.C. and convert the same under Section 326 I.P.C. The appeal is pending in this Court for over 12 years.

In the circumstances of the case, I am of the opinion that it is in the interest of justice to impose sentence on the accusedappellant for the offence under Section 326 I.P.C. for the period already undergone. The bail bonds of the accused shall stand cancelled.

With the above modification in convocation and sentence, the appeal is disposed of.