Criminal Revision No. 755 of 2009

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

Criminal Revision No. 755 of 2009

Date of Decision: 18.4.2009

Teja Singh and Another

…Petitioners

Versus

State of Punjab

…Respondent

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

Present: Mr. Hem Raj Kapil, Advocate

for the petitioners.

Mr. Anter Singh Brar, Deputy Advocate

General, Punjab, for the State.

Kanwaljit Singh Ahluwalia, J. (Oral)

The present revision petition has been filed by Teja Singh and

Balbir Singh, both sons of Sukhdev Singh. They were tried in case FIR

No. 117 dated 21.9.2003 registered at Police Station Bhadaur, under

Sections 325, 323 & 34 IPC. Petitioners were tried along with Pappu

Singh and Sukhdev Singh.

In the present case, FIR was recovered on the basis of

statement made by Gian Kaur, exhibited as Ex.PD. She stated that she

is a resident of village Badni Kalan and do agricultural work and his

father Darshan Singh , resident of village Tallewal, had expired about

six years ago. Her three brothers are running a Dhaba at Jaipur and

Criminal Revision No. 755 of 2009

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they had left their house under the care of her grand father Karnail

Singh and uncle Sukhdev Singh. It is stated that when marriage of the

sister of complainant was to be performed, Gian Kaur along with her

brother came to her native house. She was restrained by her uncle

Sukhdev Singh from entering the house. Therefore, the marriage was

performed from the house of Nambardar Chand Singh. Ajmer Kaur,

mother of the complainant, had filed a civil suit regarding the property at

Barnala. It was stated that Ajmer Kaur, her mother and two younger

sisters reside with complainant Gian Kaur in the house of her husband

Nirbhai Singh. It is stated that on the day of occurrence, she came to

village to persuade grand father Karnail Singh to return the property.

While they were talking, at 5.00 P.M. on 20.9.2003, Sukhdev Singh, his

sons, Pappu, Balbir and Teja Singh came there. They raised a lalkara

that the complainant should be taught lesson for demanding share in the

property. Balbir Sing gave fist blow to Gian Kaur due to which her tooth

fell down. Teja Singh gave another fist blow which hit on her left eye.

Balbir Singh gave kick blows in her abdomen, whereas Teja Singh gave

a kick blow on her back. When her husband Nirbhai Singh came forward

to rescue her, all the four petitioners gave three injuries to him. They

raised noise which attracted Sukhdev Singh, former Member Panchayat,

Nachhatar Singh, former Sarpanch of the village. She and her husband

Nirbhai Singh were got admitted in the hospital. During the fight, she

also lost her ear ring.

The matter was investigated. Report under Section 173

Cr.P.C. (Challan) was submitted.

Balbir Singh was substantively charged for the offence under

Criminal Revision No. 755 of 2009

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Section 325 IPC for causing grievous injury to Gian Kaur, whereas other

co-accused were charged with the aid of Section 34 IPC.

Teja Singh, Balbir Singh and Pappu Singh were substantively

charged under Section 323 IPC for causing grievous injuries to Gian

Kaur and Nirbhai Singh.

Gian Kaur was medicolegally examined by PW.2 Dr. Neera

Chopra on 20.9.2003. The following injuries were found on her person:-

“1.

Whole face was swollen with an inflamed

and injured area about 1X1 inch in size

under the left eye;

2.

Blunt injuries on back with inflamed area

about 10X10 inch in size X lower lumber

region;

3.

Blunt injuries on front of lower abdomen

which is tendered to touch; And

4.

One tooth is missing from right lower

mandible with fresh bleeding oozing out

from socket. An injured area opposite to

the tooth on lower lip is present about 1

cm X 0.5 cm in size. Tooth was not

traceable because of fighting”.

Injury No.4 was declared grievous.

Nirbhai Singh had also suffered three blunt injuries. According

to counsel for the petitioner, all