Criminal Revision No. 1982 of 2002

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In the High Court of Punjab and Haryana, at Chandigarh.

Criminal Revision No. 1982 of 2002

Date of Decision: 11.5.2010

Rajinder Pal

…Petitioner

Versus

State of Punjab

…Respondent

CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.

Present: Rajinder Pal, Petitioner, in person,

assisted by Mr. Deepak Garg, Advocate.

Mr. Mehardeep Singh, Deputy Advocate

General, Punjab, for the respondent.

Kanwaljit Singh Ahluwalia, J. (Oral)

The present revision petition has been preferred by Rajinder

Pal, who was nominated as an accused along with Mohan Lal and

Hukam Chand, in case FIR No. 113 dated 21.4.1999, registered at

Police Station Barnala, under Sections 323, 325 read with Section 34

IPC.

The Court of Judicial Magistrate Ist Class, Barnala, vide its

judgment dated 6.9.2001, held the petitioner and his co-accused namely

Mohan Lal and Hukam Chand guilty for the offence under Sections 323

and 325 IPC. Vide a separate order of even date, he along with his co-

accused were sentenced to undergo rigorous imprisonment for a period

of one year each, for the offence under Section 323 IPC. They were

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also sentenced to undergo rigorous imprisonment for a period of three

years and to pay a fine of Rs.100/- each, in default whereof, to further

undergo rigorous imprisonment for a period of two days, for the offence

under Section 325 IPC. Both the sentences were ordered to run

concurrently.

Aggrieved against the judgment of conviction and order of

sentence, the petitioner along with his co-accused have preferred an

appeal. The Appellate Court, vide its judgment dated 25.9.2002,

acquitted the petitioner for the offence under Section 323 IPC.

However, his conviction for the offence under Section 325 IPC was

upheld but the sentence, awarded thereunder, was reduced from three

years to 1½ years. Mohan Lal and Hukam Chand, co-accused of the

petitioner, were acquitted of the charges. Hence, he has filed the

present revision petition.

FIR, in the present case, was lodged on the basis of the

statement Ex.PE, made by PW.3 injured Jaswant Singh to PW.5 Sewa

Singh, Assistant Sub Inspector, wherein he stated that he was working

as Goldsmith and on 20.4.1999, he along with Gurdarshan Singh had

come to the Courts at Barnala. The sister of Gurdarshan Singh was

married with the petitioner and a dowry case was registered against

him. Jaswant Singh, complainant, was to be examined as a prosecution

witness on 20.4.1999 but his statement could not be recorded and the

next date fixed was 7.6.1999. It was further stated that on the same day

at about 1.00 P.M., on the raising of lalkara, Mohan Lal caught hold of

the arms of Jaswant Singh and the petitioner gave fist blows to Jaswant

Singh, due to which he lost his tooth. In the FIR, it was stated that the

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complainant received injuries on his lips and right shoulder.

The above said FIR was investigated and the report under

Section 173 Cr.P.C. was submitted.

On 21.4.1999, PW.3 Jaswant Singh was medicolegally

examined by PW.12 Dr. S.K. Singla, who found the following injuries:-

“1.

Right lower canine tooth was missing.,

There was fresh socket with clotted blood

present. The margins of the socket were

raw. There was swelling and laceration of

the mucosa of the lower lip. Injury was

referred to dental surgeon for opinion.

2.

There was reddish bruise 4 cm x 4 cm on

the left side of the face just below the left

eye. X-ray was advised.

3.

There was complaint of pain on the sides

of the lower chest”.

Injury No.3 was complaint of pain and injury No.1, as the tooth

was dislocated, was declared as grievous and the same falls within the

ambit of Section 325 IPC.

PW.3 Jaswant Singh reiterated as to what was stated in the

FIR. His testimony was duly corroborated by PW.4 Gurdarshan Singh.

PW.5 Sewa Sin