Punjab-Haryana High Court
Amrik Singhe Tc vs State Ofhy on 10 May, 2019
Author: Harinder Singh Sidhu
Bench: Harinder Singh Sidhu
CRA-D-456-DB of 2003 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(1) CRA-D-456-DB of 2003
Amrik Singh and others
.... APPELLANTS
Versus
State of Haryana
..... RESPONDENT
(2) CRR-1387 of 2003
Azad Pal
.... PETITIONER
Versus
State of Haryana and others
..... RESPONDENTS
Reserved on : 22.04.2019
Date of decision : 10.05.2019
CORAM :- HON'BLE MR. JUSTICE RAJIV SHARMA
HON'BLE MR. JUSTICE HARINDER SINGH SIDHU
Present: Mr. Vinod Ghai, Senior Advocate, with
Ms. Kanika Ahuja, Advocate,
for the appellants in CRA-456-DB of 2003 and
for respondents No.2 to 10 in CRR-1387 of 2003.
Mr. Sameer Rathore, Advocate,
for the petitioner in CRR-1387 of 2003.
Mr. Vishal Garg, Addl. A.G., Haryana.
***
RAJIV SHARMA, J.
1. Since common questions of law and facts are involved in CRA- For Subsequent orders see IOIN-CRA-D-456-DB-2003 Decided by HON'BLE MR. JUSTICE RAJIV SHARMA; HON'BLE MR. JUSTICE HARINDER SINGH SIDHU 1 of 17 ::: Downloaded on - 09-06-2019 14:24:57 ::: CRA-D-456-DB of 2003 -2- D-456-DB of 2003 and CRR-1387 of 2003, therefore, these are taken up together and being disposed of by a common judgment.
2. This appeal is instituted against judgment and order dated 13.05.2003, rendered by learned Additional Sessions Judge, Kaithal, in Sessions Trial No. 135 of 2002. Appellants Amrik Singh, Balwan, Nafe Singh, Kashmir, Pala Ram, Rati Ram, Major Singh and Balwinder, along with co-accused Kartara, Manoj Kumar and Beda were charged with and tried for the offences punishable under Section 148 IPC, Sections 302, 326, 324 and 323 read with Section 149 IPC. Co-accused Kartara died during the pendency of trial. The appellants along with co-accused Manoj Kumar were convicted under Section 148 IPC, Sections 302, 326, 324 and 323 read with Section 149 IPC. However, co-accused Beda was acquitted of the charges framed against him. The case of co-accused Manoj Kumar was referred to the Juvenile Justice Board for passing appropriate order regarding passing the order of sentence.
3. The appellants were sentenced to undergo rigorous imprisonment for a period of six months each for the commission of offence punishable under Section 148 IPC. They were also sentenced to undergo life imprisonment and to pay fine of ` 10,000/- each for the commission of offence punishable under Section 302 IPC. In default of payment of fine, the appellants were ordered to further undergo rigorous imprisonment for a period of six months. The appellants were also sentenced to undergo rigorous imprisonment for a period of five years and to pay fine of ` 2,000/- each for the commission of offence punishable under Section 326 IPC. In default of payment of fine, the appellants were ordered to further undergo For Subsequent orders see IOIN-CRA-D-456-DB-2003 Decided by HON'BLE MR. JUSTICE RAJIV SHARMA; HON'BLE MR. JUSTICE HARINDER SINGH SIDHU 2 of 17 ::: Downloaded on - 09-06-2019 14:24:57 ::: CRA-D-456-DB of 2003 -3- rigorous imprisonment for a period of two months. They were also sentenced to undergo rigorous imprisonment for a period of one year each for the commission of offence punishable under Section 324 IPC. The appellants were also sentenced to undergo rigorous imprisonment for a period of six months each for the commission of offence punishable under Section 323 IPC. All the substantive sentences were ordered to run concurrently. Hence, the appeal.
4. CRR-1387 of 2003 has been filed by complainant Azad Pal for grant of compensation to the legal heirs of deceased Mukhtiar Singh, and to the injured persons.
5. The case of the prosecution, in a nutshell, is that on 30.06.1999, a medical ruqa along with MLRs of Mukhtiar Singh, Ram Niwas, Rishi Pal, Amrit Lal, Azad Pal and Ishwar, was received in Police Station City Kaithal. Sub Inspector Surat Kant (PW.12) along with other police officials reached Civil Hospital, Kaithal, to record statements of the injured persons. He moved applications to know whether the injured were fit to make statement or not. The statement of Azad Pal, Ex.PA, was recorded by Sub Inspector Surat Kant. FIR, Ex.PA/1, was recorded at about 3.45 PM. Complainant Azad Pal, on 30.06.1999, at about 8 AM, along with his brother Amrit Lal had gone to their fields to irrigate the fields. They found their khal (water course) dismantled. They started repairing the khal. In the meantime, from the nearby fields, accused Kashmir, Major, Balinder, Pala and Nafe Singh came on the spot and restrained them from repairing the khal. Some verbal altercation took place. Nafe Singh gave a gandasi blow on his head. Pala gave a gandasi blow from the reverse side on his right For Subsequent orders see IOIN-CRA-D-456-DB-2003 Decided by HON'BLE MR. JUSTICE RAJIV SHARMA; HON'BLE MR. JUSTICE HARINDER SINGH SIDHU 3 of 17 ::: Downloaded on - 09-06-2019 14:24:57 ::: CRA-D-456-DB of 2003 -4- arm. He collapsed. In order to rescue him, his father Mukhtiar Singh came from nearby place. Accused Amrik Singh gave a gandasi blow on the head of Mukhtiar Singh. Kartara and Nafe caught hold of him. They raised alarm. Ram Niwas, Ishwar and Rishi came. From the other side, Ratiya and Balwan son of Kartara also came. Accused Balwan gave a gandasi blow on the head of Ram Niwas. Ratiya gave a gandasi blow on his left hand and right hand. Ishwar, when tried to rescue, was given a gandasi blow from reverse side by Nafe Singh on his fore-head. He and his brother Amrit Lal were given gandasi blows by Pala. Amrik Singh and Manoj caught hold of him. Rishi was given a gandasi blow by Kashmir Singh. Major Singh gave a gandasi blow on his left hand. Balwinder gave a gandasi blow on the head of Mukhtiar Singh. The complainant also disclosed that in their self defence, they also caused injuries to the accused party. The complainant and other injured were taken to the hospital. Mukhtiar Singh injured was referred to PGI, Chandigarh. The matter was investigated and challan was put up after completing all the codal formalities.
6. The prosecution has examined a number of witnesses. The accused were also examined under Section 313 Cr.P.C. They denied the case of the prosecution. They also examined DW.1 Shamsher Singh, Lecturer in English.
7. The appellants were convicted and sentenced, as noticed above.
8. Learned counsel appearing on behalf of the appellants has vehemently argued that the prosecution has failed to prove its case. Learned counsel appearing for the State has supported the judgment and order of the learned Court below. Learned counsel appearing on behalf of the For Subsequent orders see IOIN-CRA-D-456-DB-2003 Decided by HON'BLE MR. JUSTICE RAJIV SHARMA; HON'BLE MR. JUSTICE HARINDER SINGH SIDHU 4 of 17 ::: Downloaded on - 09-06-2019 14:24:57 ::: CRA-D-456-DB of 2003 -5- complainant has argued that family of deceased Mukhtiar Singh be awarded adequate compensation. He has further argued that the complainant and other persons from his side, who suffered injuries at the hands of the appellants, be also awarded compensation.
9. We have heard learned counsel for the parties and gone through the judgment and record very carefully.
10. PW.1 Dr. Ghanshyam Goel deposed that he medico legally examined Mukhtiar Singh son of Nikkal, on 30.06.1999 at 9.00 AM. He noticed following injuries on his person :-
(1) An incised wound on the left side of skull starting close to left eye and going backward of about 20 cm. X 1.5 cm x brain deep.
He deposed that there was a gap in the bone and brain matter was visible. Underlying bone was fractured. Injury was declared dangerous to life. It was caused by sharp edged weapon, within the duration of six hours. On the same day, at 10.00 AM, he medico legally examined Ram Niwas son of Thakar Ram. He found the following injuries on his person :-
(1) An incised wound on right side of face, placed obliquely of about 10 cm x 1 cm x bone deep. Underlying bone was cut and wound was bleeding.
(2) An incised wound on left parietal region of skull of about 20 cm x .2 cm x .2 cm. Bleeding was present.
(3) An incised wound on left side of forehead of about 4.5 cm x .25 cm x .25 cm. Bleeding was present and X-ray was advised.
(4) An incised wound on palm of right hand of about 5 cm x 2 cm x 2 cm. Bleeding was present and X-ray was advised.
For Subsequent orders see IOIN-CRA-D-456-DB-2003 Decided by HON'BLE MR. JUSTICE RAJIV SHARMA; HON'BLE MR. JUSTICE HARINDER SINGH SIDHU 5 of 17 ::: Downloaded on - 09-06-2019 14:24:57 ::: CRA-D-456-DB of 2003 -6- (5) An incised wound on dorsum of right thumb of about 2.5 cm x 1 cm x .5 cm. Bleeding was present and X-ray was advised.
Injury No.1 was declared grievous. Injuries No.3 to 5 were kept under observation. Injury No.2 was declared simple. All the injuries were caused with sharp edged weapon, within six hours duration. He also medico legally examined Rishi Ram son of Sahab Ram and found following injuries on his person :-
(1) A lacerated wound on the top of skull, just right to the midline of about 3 cm x .5 cm x bone deep and bleeding was present. X-ray was advised.
(2) A lacerated wound of about 2 cm x .25 cm x .25 cm, placed on top of skull about 2 cm to the left of midline. Bleeding was present.
(3) An incised wound on left hand at the base of thumb of about 10 cm x 2 cm x 2 cm. Bleeding was present. X-ray was advised.
Injuries No.1 and 3 were kept under observation. Injury No.2 was declared simple. Injury No.3 was caused by sharp edged weapon, while the other two were caused with blunt weapon. All the three injuries were caused within six hours duration. He also medico legally examined Amrit Lal son of Mukhtiar Singh, and found the following injuries on his person :-
(1) A lacerated wound on palm of right hand of about 2 cm x 2 cm x .2 cm and bleeding was present.
(2) A lacerated wound on the palm of right hand of about 2 cm x .25 cm x .25 cm. Bleeding was present.
(3) An incised wound on wrist of left hand of about 4 cm x .
5 cm x .5 cm. Bleeding was present and X-ray was advised.
For Subsequent orders see IOIN-CRA-D-456-DB-2003 Decided by HON'BLE MR. JUSTICE RAJIV SHARMA; HON'BLE MR. JUSTICE HARINDER SINGH SIDHU 6 of 17 ::: Downloaded on - 09-06-2019 14:24:57 ::: CRA-D-456-DB of 2003 -7- (4) An incised wound on terminal phalanx of right ring finger of about 2 cm x 1 cm x bone deep. Advised X-ray. Injuries No.1 and 2 were declared simple, while injuries No.3 and 4 were kept under observation. Injuries No.1 and 2 were caused by blunt weapon and the others were by sharp edged weapon. All the four injuries were caused within six hours duration. He also examined Azad Pal son of Mukhtiara and found the following injuries on his person :-
(1) A lacerated wound on the top of skull of about 2.5 x .25 cm x bone deep. Bleeding was present.
(2) An incised wound on left parieto occipital region of skull of about 3 cm x .25 cm x bone deep, placed about 6 cm from midline and 10 cm from pinna. X-ray was advised. (3) An abraded area on top of left shoulder of about 5 cm x 3 cm.
(4) A reddish contusion on middle of back of about 10 cm x 3 cm.
(5) An incised wound of about 5 cm x 1 cm x bone deep on the outer aspect of right arm. Underlying bone was fractured.
Injuries No.1, 3 and 4 were declared simple. Injury No.2 was kept under observation. Injury No. 5 was declared grievous. Injuries No.2 and 5 were caused by sharp weapon and rest were by blunt weapon. All the five injuries were caused within six hours duration. On the same day, he also medico legally examined Ishwar son of Thakar Dass and found the following injuries on his person :-
(1) A lacerated wound on the right side of skull just above right end of forehead of about 2.5 cm x 1 cm x bone deep. Wound was bleeding and X-ray was advised.
Injury was kept under observation. It was caused by blunt weapon, within For Subsequent orders see IOIN-CRA-D-456-DB-2003 Decided by HON'BLE MR. JUSTICE RAJIV SHARMA; HON'BLE MR. JUSTICE HARINDER SINGH SIDHU 7 of 17 ::: Downloaded on - 09-06-2019 14:24:57 ::: CRA-D-456-DB of 2003 -8- six hours of duration. He sent ruqa, Ex.PH, to Police Station City Kaithal. On the same day, an application Ex.PJ was made. Azad Pal injured was declared fit to make statement. After X-ray examination of injured Amrit Lal on 01.07.2000, fracture was seen in the ring finger of Amrit Lal. On the same day, he conducted X-ray examination of injured Rishi Pal. Fracture was seen at arrow mark in left hand injury of the injured. He also gave his opinion Ex.PS/1 that injury No.3 on the person of Rishi Pal was grievous. Injury No.4 on the person of Amrit Lal was also grievous. In his cross- examination, he had seen gandasi Ex.P1. He deposed that possibility of injury on the person of Mukhtiar Singh by this weapon could not be ruled out. All the incised wounds on the persons of injured Ram Niwas, Rishi Pal, Azad Pal and Amrit Lal were possible by different gandasis. In cross- examination, he also deposed that on the same day, he medico legally examined accused Rati Ram. He found the following injuries on his person :-
(1) A lacerated wound on left parietal region of skull lower to midline of about 2.5 cm x .25 cm x .25 cm. Bleeding was present and X-ray was advised.
(2) An incised wound on the left forearm in medial surface of about 3 cm x .5 cm x bone deep. There was fracture of underlying both bones. Crepitus was felt and unnatural mobility was present.
(3) An incised wound on the dorsum of left hand of about 2 cm x .25 cm x .25 cm. X-ray was advised.
Injuries No.1 and 3 were kept under observation and injury No.2 was declared grievous. Injury No.1 was caused by blunt weapon and rest were caused by sharp edged weapon. All the injuries were caused within six For Subsequent orders see IOIN-CRA-D-456-DB-2003 Decided by HON'BLE MR. JUSTICE RAJIV SHARMA; HON'BLE MR. JUSTICE HARINDER SINGH SIDHU 8 of 17 ::: Downloaded on - 09-06-2019 14:24:57 ::: CRA-D-456-DB of 2003 -9- hours duration. He also medico legally examined Pala and found the following injuries on his person :-
(1) An incised wound on the palmer surface of right thumb, nearly half of the thumb was chopped off, cutting skin muscles in bones. Bleeding was present. (2) An incised wound on outer aspect of right arm in lower half of about 3 cm x 1 cm x 1 cm. X-ray was advised.
Injury No.1 was declared grievous and injury No.2 was kept under observation. Both the injuries were caused by sharp edged weapon within six hours duration. He also medico legally examined Balwan and found the following injuries on his person :-
(1) An incised wound on the top of skull in about middle of about 4 cm x .25 cm x bone deep. Bleeding was present and X-ray was advised.
(2) An incised wound on outer aspect of left arm, upper 1/3 rd part of about 2 cm x .5 cm x 1 cm. X-ray was advised. (3) A lacerated wound on the upper lip of about 1 cm x .5 c, x .5 cm. Bleeding was present.
(4) There was complaint of pain on the upper lateral left incisor tooth. The tooth was shaky and bleeding was present. Dental Surgeon's opinion was advised.
Injuries No.1 and 4 were kept under observation. Injury No.2 was also kept under observation. Injury No.3 was declared simple. Injuries No.1 and 2 were caused by sharp edged weapon. Injuries No.3 and 4 were caused by blunt weapon. The injuries were caused within six hours duration. He medico legally examined Kartara and noticed following injuries on his person :-
(1) A lacerated wound of about 2 cm x .25 cm x bone deep on left upper end of forehead. Bleeding was present and For Subsequent orders see IOIN-CRA-D-456-DB-2003 Decided by HON'BLE MR. JUSTICE RAJIV SHARMA; HON'BLE MR. JUSTICE HARINDER SINGH SIDHU
9 of 17 ::: Downloaded on - 09-06-2019 14:24:57 ::: CRA-D-456-DB of 2003 -10- X-ray was advised.
(2) A superficial lacerated wound on palmer surface of left thumb of about 2 cm x 1 cmx .25 cm. X-ray was advised.
(3) An abraded area on dorsum of right forearm of about 3 cm x 1 cm.
(4) An incised wound on front of left leg upper half of about 2.5 cm x .25 cm x bone deep. X-ray was advised.
Injuries No.1, 2 and 4 were kept under observation. Injury No.3 was declared simple. Injury No.4 was caused by sharp edged weapon and rest by blunt weapon. All the injuries were caused within six hours duration. He also medico legally examined Nafe Singh and noticed the following injuries on his person :-
(1) A lacerated wound on top of skull of about 4 cm x .25 cm x bone deep. Bleeding was present. X-ray was advised.
(2) Reddish contusion mark on back on left shoulder of about 6 cm x 2 cm.
(3) There was complaint of pain in the back.
Injury No.1 was kept under observation. All the injuries were caused by blunt weapon within six hours duration. After X-ray examination of injured Kartara, on 01.07.1999, fracture in the left thumb was seen at arrow mark.
In his cross-examination, he also admitted that if a lathi blow is given on such an intense area, incised looking wound may be produced and to differentiate the nature of injury, there are certain other measures which the doctors follow. He also admitted that if an injury is caused by blunt weapon, in that case, the hair bulbs would be crushed. Hair were found cut in this case, but he had not mentioned this fact in the MLR. He did not hand over the said hair to the police.
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11. PW.13 Dr. D.K. Pathak, Medical Officer, had conducted post- mortem examination on the body of Mukhtiar Singh, on 06.07.1999. According to him, the cause of death was shock and haemorrhage due to vital organs (brain) and other injuries described by him leading to septicemia. The injuries were ante-mortem in nature and sufficient to cause death in ordinary course of event. He proved post mortem report Ex.PB.
12. PW.5 Khazan Singh Patwari had prepared scaled site plan/Aks Sajra Ex.PU. The site plan was prepared on the pointing of Azad Pal. In cross-examination, he admitted that Chakbandi of Patti Afgan was held in the year 1957-58. Drain shown at point A in Ex.PU was constructed afterward. He admitted that red colour path shown in Ex.PU was a part of khasra No. 320, Rasta Share-am. Rasta Share-am with khasra No. 320 started from village Patti Afgan abadi and it ended on the corner of killa No. 14 of Rectangle No. 117. killa No. 13 was also adjacent to the said path but that path was meant for killa No. 14 and not for killa No. 13. He also admitted that Rasta (passage) shown in Ex.PU was Share-am. In their revenue record, there was no mention that this Rasta (passage) was only for killa No. 14. In his cross-examination, he categorically admitted that report regarding possession of the Rasta was prepared on 14.06.1999.
13. PW.6 Azad Pal testified that on 30.06.1999 at about 8.00 AM, he along with his brother Amrit Lal had gone to their fields. They found that their khal (watercourse) was lying demolished. They started repairing the same. In the meantime, accused Kashmir, Balwinder, Major, Nafe, Pala and Kartara came from their fields adjoining their fields. They tried to stop them from repairing khal. Altercation took place. In the meantime, Balwan, For Subsequent orders see IOIN-CRA-D-456-DB-2003 Decided by HON'BLE MR. JUSTICE RAJIV SHARMA; HON'BLE MR. JUSTICE HARINDER SINGH SIDHU 11 of 17 ::: Downloaded on - 09-06-2019 14:24:57 ::: CRA-D-456-DB of 2003 -12- Manoj, Amrik Singh and Beda also came on the spot. His father Mukhtiar Singh, Ram Niwas, Ishwar and Rishi Pal also came. Accused Kartara was armed with lathi. Accused Manoj and Beda were un-armed. Remaining accused were armed with one gandasi each. Nafe Singh accused gave a gandasi blow on his head. Pala accused gave gandasi blow from its reverse side on his right arm. He collapsed. Thereafter, his father tried to rescue him. He was caught hold by accused Kartara, Nafe and Manoj. Amrik Singh accused gave gandasi blow on his head. Balwan accused gave gandasi blow on the head of Ram Niwas. Ratia accused gave gandasi blow on both hands of Ram Niwas. Ishwar tried to rescue Ram Niwas. Nafe Singh gave gandasi blow from its reverse side on the fore-head of Ishwar. His brother Amrit was caught by accused Manoj. Accused Pala and Amrik caused gandasi blows on the hands of his brother Amrit. Kashmir gave gandasi blow from its reverse side on the head of Rishi Pal. Major accused gave a gandasi blow on the hand of Rishi Pal. Balinder gave gandasi blow on the head of Rishi Pal from its reverse side. Thereafter, all the accused caused injuries to him, his brother Amrit and his father, Ishwar, Rishi Pal and Ram Niwas with their respective weapons. In their self defence, they also caused injuries to the accused. They were removed to General Hospital, Kaithal in a tractor trolley. His father was referred to PGI, Chandigarh. In his cross- examination, he admitted that Kartara had filed a petition against him, his brother and his father before AC Ist Grade, Kaithal. Volunteered that the petition was filed falsely. He admitted that they had appeared in the said petition. He denied that the said petition was decided against them on 05.04.1999. He did not know whether any warrant of possession was issued For Subsequent orders see IOIN-CRA-D-456-DB-2003 Decided by HON'BLE MR. JUSTICE RAJIV SHARMA; HON'BLE MR. JUSTICE HARINDER SINGH SIDHU 12 of 17 ::: Downloaded on - 09-06-2019 14:24:57 ::: CRA-D-456-DB of 2003 -13- by Tehsildar regarding this Rasta (passage) on 21.12.1998. He denied that on 14.06.1999, Patwari and Kanungo had visited the spot and had delivered possession of Rasta to Panchayat Officer.
14. PW.8 Amrit Lal corroborated the statement of PW.6 Azad Pal regarding the manner in which the injuries were inflicted on the persons of Mukhtiar Singh and other members of the complainant party. According to him also, Mukhtiar Singh when tried to rescue Azad Pal, accused Kartara, Manoj and Nafe Singh caught hold of his father. Amrik Singh gave a gandasi blow on the head of his father Mukhtiar Singh. In his cross- examination, he deposed that his father came after some time. He admitted that part of water channel was in the rasta and part was in the fields. The occurrence had taken place at the said place i.e. part in the fields and part in the rasta.
15. PW.9 Ram Niwas has also deposed how the complainant party, including Mukhtiar Singh, received injuries. According to him also, accused Amrik Singh gave a gandasi blow on the head of Mukhtiar Singh. In his cross-examination, he deposed that he had snatched one Danda from one of the accused and had caused injuries in his self defence.
16. PW.10 Moman Ram deposed that he was present at the gate of Civil Hospital, Kaithal, on 09.07.1999. Ranjit Singh, Member Panchayat, had also come there. They were talking with each other. In the meantime, Nafe Singh, Balwan, Amrik and Kashmir came there carrying gandasis. Inspector Dalbir Singh was already present. Kashmir Singh, Amrik Singh, Nafe Singh and Balwan produced one gandasi each before Inspector Dalbir Singh.
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17. PW.11 Inspector Dalbir Singh deposed that four accused, namely Nafe Singh, Balwan Singh, Amrik Singh and Kashmir Singh, had produced one gandasi each before him. These were taken into possession vide separate memos Ex.PB/1, Ex.PB/2, Ex.PB/3 and Ex.PB/4. He recorded statement of Khazan Singh Patwari on 10.08.1999. He took X-ray reports from the doctor. In his cross-examination, he deposed that he went to the spot. He admitted that there was dispute between the parties regarding Rasta, but the main dispute was with regard to khal (watercourse). He did not try to collect any revenue paper regarding Rasta. He did not verify any thing from the Irrigation department.
18. PW.12 SI Surat Kant had also carried out the initial investigation. He recorded the statement of Azad Pal, vide Ex.PA. Thereafter, FIR Ex.PA/1 was recorded. He also went to PGI, Chandigarh, on 02.07.1999. Mukhtiar Singh was declared unfit to make statement. In his cross-examination, he admitted that line A to A in Ex.PA was written after the words that 'legal proceedings be taken against them'. Volunteered, portion A to A was written at the spot. He also admitted that words of A to A were in small size than other words of Ex.PA.
19. DW.1 Shamsher Singh deposed that he was posted as Lecturer in Government Senior Secondary School, Patti Afgan. He was in-charge of Class 12th. According to him, Balwinder Singh son of Pala Ram was a student of 12th class. The first class used to commence at 6.30 AM. His subject was English. He used to take attendance of the students. On 30.06.1999, Balwinder Singh was present in the first period.
20. The date of incident is 30.06.1999. PW.6 Azad Pal and his For Subsequent orders see IOIN-CRA-D-456-DB-2003 Decided by HON'BLE MR. JUSTICE RAJIV SHARMA; HON'BLE MR. JUSTICE HARINDER SINGH SIDHU 14 of 17 ::: Downloaded on - 09-06-2019 14:24:58 ::: CRA-D-456-DB of 2003 -15- brother PW.8 Amrit Lal had gone to their fields to irrigate their fields. They noticed that watercourse was demolished. The appellants prevented them from repairing the watercourse. Altercation took place. Thereafter, members of the complainant party were attacked by the appellants. Injury inflicted on the head of Mukhtiar Singh proved fatal. He died in PGI, Chandigarh. The injured were examined by PW.1 Dr. Ghanshyam Goel. The post mortem was conducted by PW.13 Dr. D.K. Pathak. The cause of death was shock and haemorrhage due to vital organs (brain) and other injuries described by him leading to septicemia. PW.6 Azad Pal, PW.8 Amrit Lal and PW.9 Ram Niwas are eye witnesses to the incident. They have attributed the role to each of the appellants, who had inflicted injuries on the persons of the members of the complainant party. The appellants had also received injuries in the incident. They were also examined by PW.1 Dr. Ghanshyam Goel. The dispute was qua khal (watercourse). All the appellants were armed. They had constituted unlawful assembly. Amrik Singh had given a gandasi blow on the head of Mukhtiar Singh. Mukhtiar Singh was referred to PGI, Chandigarh. He succumbed to his injuries in PGI, Chandigarh. The appellants were members of an unlawful assembly and in furtherance of common object, they caused injuries to Mukhtiar Singh and other members of the complainant party. The khal was found dismantled.
21. The plea taken by the appellants that they were passing through the common passage, when they were attacked, is not acceptable. The passage bearing khasra No. 320/27 was not heading to the fields of the appellants. The appellants have also placed reliance upon document Ex.DQ/1. Mukhtiar Singh had received a blow on his head. Ram Niwas, For Subsequent orders see IOIN-CRA-D-456-DB-2003 Decided by HON'BLE MR. JUSTICE RAJIV SHARMA; HON'BLE MR. JUSTICE HARINDER SINGH SIDHU 15 of 17 ::: Downloaded on - 09-06-2019 14:24:58 ::: CRA-D-456-DB of 2003 -16- Rishi Pal, Amrit Lal, Azad Pal and Ishwar were caused injuries by sharp edged and blunt weapons. There were five injuries on the person of Ram Niwas, three injuries on the person of Rishi Pal, four injuries on the person of Amrit Lal, five injuries on the person of Azad Pal and one injury on the person of Ishwar.
22. The delay in lodging the FIR has been duly explained. The priority was to save the lives of the injured persons. The injuries caused to the appellants were in self defence by the complainant party. The plea of alibi has not been proved by the appellants. Though the eye witnesses are close relatives, but their statements inspire confidence. The appellants have caused simple and grievous injuries with sharp edged and blunt weapons on the persons of Azad Pal, Amrit Lal, Rishi Pal, Ram Niwas and Ishwar. These injuries were noticed by PW.1 Dr. Ghanshyam Goel. The plea of prive defence taken by the appellants is not substantiated.
23. Learned counsel appearing on behalf of the appellants has vehemently argued that it was a case of sudden fight in the heat of passion upon a sudden quarrel.
24. In the instant case, the fight had taken place on 30.06.1999. The bone of contention was the khal (watercourse) and Rasta (passage). After culmination of revenue proceedings, possession of Rasta (passage) was handed over to Gram Panchayat. Amrik Singh had given only single gandasi blow on the head of Mukhtiar Singh. According to PW.1 Dr. Ghanshyam Goel, the injury was caused with sharp edged weapon. The complainant party as well as the appellants had received injuries. However, the injury inflicted by Amrik Singh on the head of Mukhtiar Singh proved fatal. For Subsequent orders see IOIN-CRA-D-456-DB-2003 Decided by HON'BLE MR. JUSTICE RAJIV SHARMA; HON'BLE MR. JUSTICE HARINDER SINGH SIDHU 16 of 17 ::: Downloaded on - 09-06-2019 14:24:58 ::: CRA-D-456-DB of 2003 -17- Amrik Singh had the intention to cause the death of Mukhtiar Singh, since he had used sharp side of gandasi. Mukhtiar Singh had died after two days of his admission in PGI, Chandigarh.
25. In view of the above discussion, the appeal is partly allowed. Conviction of the appellants under Section 302 IPC is converted to Section 304 Part-I IPC. However, their conviction and sentence for commission of offences punishable under Sections 148, 326, 324 and 323 IPC are upheld.
26. The State is directed to produce the appellants in Court on 21.05.2019 to be heard on quantum of sentence under Section 304 Part-I IPC.
27. The prayer of the complainant in Criminal Revision No. 1387 of 2003 with regard to grant of compensation to the legal heirs of deceased Mukhtiar Singh as well as to the injured persons does not survive. The petitioner - complainant has not made out any case for grant of compensation either to the family of the deceased, or to the persons from the complainant side, who received injuries in the incident. Hence, there is no merit in the revision and the same is, accordingly, dismissed.
( RAJIV SHARMA )
JUDGE
May 10, 2019 ( HARINDER SINGH SIDHU )
ndj JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
For Subsequent orders see IOIN-CRA-D-456-DB-2003 Decided by HON'BLE MR. JUSTICE RAJIV SHARMA; HON'BLE MR. JUSTICE HARINDER SINGH SIDHU 17 of 17 ::: Downloaded on - 09-06-2019 14:24:58 :::