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2015 Supreme(SC) 38

M.Y.EQBAL, KURIAN JOSEPH
State of Punjab – Appellant
Versus
Bawa Singh – Respondent


JUDGMENT

M. Y. EQBAL, J.

Leave granted.

2. This appeal by special leave is directed against the judgment dated 11.11.2013 passed by the High Court of Punjab and Haryana in Crl. Rev. No. 1789 of 2013 whereby the High Court upheld the conviction of the respondent but reduced the period of sentence to the period already undergone.

3. The facts of the case in brief are that a FIR No. 151 dated 31.10.2004 was lodged against the respondent Bawa Singh and his wife Labh Kaur. The complainant Binder Singh alleged that on 30.10.2004 while he was going on his tractor to his fields he saw the respondent with a cycle and carrying a gandasa accompanied by his wife Labh Kaur whereupon he stopped his tractor. The respondent and his wife were alleged to have said that the complainant needed to be taught a lesson and allegedly hit the complainant with the gandasa. The cries of the complainant alerted his father Jangir Singh and his brother Hardev Singh who rushed to the spot whereupon the respondent and his wife fled abandoning the cycle. The complainant alleged that there was a property dispute between the parties. The complainant was admitted to a hospital and his statement was taken only on the n























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