( 1 ) CRR Nos.3048 & 3060 of 2010

In the High Court of Punjab and Haryana at Chandigarh

(1)

CRR No.3048 of 2010

Date of Decision:-September 8, 2017

Puran Singh and others

......Petitioners

Versus

State of Punjab and another

......Respondents

***********

(2)

CRR No.3060 of 2010

Swaran Singh

......Petitioner

Versus

State of Punjab and another

......Respondent

CORAM:

Hon’ble Mr. Justice Gurvinder Singh Gill

Present :

Mr. R.S.Rai, Senior Advocate with

Mr. Anurag Arora, Advocate, for the petitioners.

Ms. Ruchika Sabbarwal, Additional Advocate, General, Punjab.

None for the complainant.

******

Gurvinder Singh Gill, J.

1.

This judgment shall dispose of the above mentioned two revision petitions,

one filed on behalf of accused Puran Singh, Dilbagh @ Bagga and Neeta and

another filed on behalf of accused Swaran Singh challenging judgment dated

12.11.2010 passed by learned Sessions Judge, Rupnagar whereby the

conviction of all the petitioners under Sections 323, 324 and 325 read with

Mohan Singh

2017.09.12 12:12

I attest to the accuracy and

authenticity of this document

Chandigarh

( 2 ) CRR Nos.3048 & 3060 of 2010

Section 34 of Indian Penal Code, 1860 (for short, IPC) as recorded by learned

Judicial Magistrate Ist Class, Rupnagar vide judgment dated 27.02.2009 has

been upheld.

2.

The case of complainant is that on 11.01.2002 the petitioners namely Puran

Singh, Dilbagh @ Bagga, Neeta and Swaran Singh along with other co-

accused (who have since been acquitted) formed an unlawful assembly and

petitioner Swaran Singh gave a fist blow on the mouth of complainant Amar

Kaur as a result of which her lower lip started bleeding. It is further alleged

that petitioner Neeta, thereafter, gave a blow with axe on her right arm and

right hand from the sharp side and petitioner Dilbagh @ Bagga gave blows

with lathi to Gurpreet Singh (son of complainant). Puran Singh, petitioner is

also alleged to have given kick blows in the abdomen of Baljit Kaur, daughter-

in-law of the complainant.

3.

Initially FIR No.9 dated 12.01.2002 was registered at Police Station Kurali on

the basis of statement of Amar Kaur but the police filed cancellation report

and the complainant was thus constrained to file the present complaint. The

cancellation report was however ordered to be tagged with the complaint filed

by Amar Kaur. The present petitioners along with Gurmail Kaur, Jasbir Kaur

and Shisho were summoned by the trial Court to face trial for offences under

Sections 323, 324, 325, 148, 149 and 120-B IPC. However, the trial Court

vide judgment dated 27.02.2009, while acquitting three of the accused namely

Gurmail Kaur, Jasbir Kaur and Shisho, convicted the present petitioners for

offences under Sections 323, 324 and 325 read with Section 34 IPC. The

appeal filed by the petitioners challenging the aforesaid judgment was also

dismissed by the learned Sessions Judge, Rupnagar vide impugned judgment

Mohan Singh

2017.09.12 12:12

I attest to the accuracy and

authenticity of this document

Chandigarh

( 3 ) CRR Nos.3048 & 3060 of 2010

dated 12.11.2010. Aggrieved with the same, the petitioners have filed the

present revision petition.

4.

The learned counsel for the petitioners, while assailing the impugned

judgement, has first of all submitted that Doctor who gave the opinion

regarding injury of Amar Kaur being 'grievous' has not been examined at all

and that CW-4 Dr. Pushpinder Singh has merely referred to the

opinion(Ex.CW-4/B) in the following manner:

“Injury No.1 after observation and dental

opinion is grievous in nature.”

5.

The learned counsel for the petitioners has submitted that in the absence of

examination of Doctor who gave the aforesaid opinion, the petitioners cannot

be held liable for having inflicted 'grievous hurt'. He has further submitted

that even the MLRs of injured can't be said to have