Punjab-Haryana High Court
Raka And Others vs State Of Punjab on 21 April, 2010
Author: Mehtab S.Gill
Bench: Mehtab S.Gill
Criminal Appeal No.194-DB of 2009 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.
Raka and others APPELLANTS
VERSUS
State of Punjab RESPONDENT
CORAM : HON'BLE MR.JUSTICE MEHTAB S.GILL
HON'BLE MR.JUSTICE ARVIND KUMAR
Present:- Shri Mohinder Singh Joshi, Advocate for the appellant.
Mrs.Manjri Nehru Kaul, Additional A.G. Punjab.
MEHTAB S.GILL, J.
This is an appeal against the judgment/order dated 12.1.2009 of the learned Additional Sessions Judge, Patiala whereby he convicted Raka son of Sajjan Singh, Kishore son of Sajjan Singh, Bala son of Sajjan Singh, Lakhan son of Karan Singh and Banaras son of Isri under Sections 302/148/149/460/411 I.P.C. and sentenced them to undergo various terms of sentences.
The case of the prosecution is unfolded by the statement Ex.PD of Malik Singh given to ASI Amarjit Singh. Malik Singh stated that he is a resident of Village Chauhath. The house of Hazur Singh son of Inder Singh is adjoining Criminal Appeal No.194-DB of 2009 -2- his house. On 30.5.2003 at about 2 a.m. his wife Davinder Kaur told him that there were loud voices coming from the house of Hazur Singh. Malik Singh along with Santokh Singh son of Sardara Singh went to the house of Jagga Singh alias Jagjit Singh son of Hazur Singh. The door was locked. Jagjit Singh shouted that the door should be opened. Jaswinder Kaur sister-in-law of Jagjit Singh opened the door and Jaskaran Singh nephew of Jagjit Singh fell down when he opened the door, as he had received injuries on his head and forehead and blood was oozing out from his injuries. He became unconscious. On entering inside the house, complainant saw that Jaswinder Kaur had also received injuries and Paramjit Kaur daughter of Balbir Singh was lying on a cot in an unconscious condition and blood was oozing from her forehead. Hazur Singh was also lying on a cot in an unconscious condition. The doors of the kitchen and drawing room were found open. Household articles were lying scattered. They arranged for a vehicle and sent Hazur Singh, Jaswinder Kaur, Paramjit Kaur and Jaskaran to Rajindra Hospital, Patiala. Some unknown person had entered the house and caused injuries to Hazur Singh, Jaskaran Singh, Paramjit Kaur and Jaswinder Kaur. Some articles were stolen. Police was informed on telephone. On the basis of statement of Malik Singh F.I.R. Ex.PD/2 was registered on 30.5.2003 at 5.55 a.m. and the special report reached the J.M.I.C., Patiala on the same day at 11.10 a.m. The prosecution to prove its case, brought into the witness-box Dr.Rajinder Singh PW-1, Dr.Bharti Tanwar PW-2, Malik Singh PW-3, Angrej Singh PW-4, Jaskaran Singh PW-5, ASI Balbir Singh PW-6, Jaswinder Kaur PW-7, Paramjit Kaur PW-8, Constable Narinder Singh PW-9, Pardaman Bhalla PW-10, MHC Harminder Singh PW-11, HC Chajju Singh PW-12, Dr.S.S.Oberoi PW-13, Constable Bhagwant Singh PW-14, Dr.G.S.Sidhu PW-1, SI Amarjit Singh PW-16, Indresh Khanna Draftsman PW-17 and Dr.Navdeep Walia PW-18.
Learned counsel for the appellants has argued that the identity of the Criminal Appeal No.194-DB of 2009 -3- accused/appellants could not be established. As per F.I.R. Ex.PD/2, the description given is not enough to identify the appellants. The eye-witnesses are related to each other and they cannot be relied upon. There are discrepancies in the statements of the eye-witnesses.
Learned counsel for the State has argued that the eye-witnesses Malik Singh PW-3, Jaskaran Singh PW-5, Jaswinder Kaur PW-7 and Paramjit Kaur PW-8 have corroborated each other. There is no delay in lodging of the F.I.R. The medical evidence as propounded by Dr.Bharti Tanwar PW-2 corroborates the ocular account. Appellants came to the house of Hazur Singh in order to commit dacoity and robbery. They caused injuries to Jaskaran Singh PW-5 and Hazur Singh deceased. Eye-witnesses Jaskaran Singh PW-5, Jaswinder Kaur PW-7 and Paramjit Kaur PW-8 are stamped witnesses.
We have heard the learned counsel for the parties and perused the record with their assistance.
There are three injured eye-witnesses to the occurrence Jaskaran Singh PW-7, Jaswinder Kaur PW-8 and Paramjit Singh PW-8. All the witnesses have stated that appellants came to the house of Hazur Singh in the mid-night. Jaskaran Singh PW-5 has stated that he along with his mother Jaswinder Kaur PW-7 and sister Paramjit Kaur PW-8 were sleeping. Hazur Singh his grand-father was lying on a cot. They noticed that some persons were giving beating to Hazur Singh with rods and sticks and when they got up, they saw that his grand- father Hazur Singh was badly injured. When they went to save him, appellants gave injuries to them also. Accused were five in number who were wearing just underwear (Kachha and banian). They saw the accused/appellants as the electric bulb was on. The cupboards of the house were ransacked. Gold articles and cash was taken away. Appellants were identified in Court also.
Dr.S.S.Oberoi PW-13 who conducted the post-mortem on the body Criminal Appeal No.194-DB of 2009 -4- of Hazur Singh, found the following injuries on his person :-
"(1) Multiple contusions of various size and shape on the front of left side of chest including the left shoulder and the base of left side of neck. On exploration 2nd to 7th ribs of left side were fractured at multiple sides lacerating the corresponding part of left lung which was collapsed. The left pleural cavity was full of liquid blood.
(2) A lacerated wound 2 x 0.2 cm on the lobul of left ear. (3) Lacerated wound 2 x 0.3 cm on the dorsum of right index finger at the level of first interphalngeal joint."
The injuries inflicted on the person of Jaskaran Singh PW-5 were as follows :-
"(1) An incised injury on the left eye-brow 6 x 1 cm incise 3 cm above the left eye-brow. Advised X-ray skull A.P. views. (2) Huge swelling on the left side of face at the left angle of mandible. Advised X-ray mandible to rule out any fracture.
Second lower right incisor tooth is missing and adjacent i.e. first lower right incisor is moveable anteriorly and posteriorly. (3) Both the eyelids are swollen and dark in colour.
(4) Bridge of the nose is depressed and flattened. Advised X-ray to rule out any fracture and opinion of the ENT specialist." The injuries inflicted on the person of Jaswinder Kaur PW-7 were as follows :-
"(1) There are two incise injuries on the face on right side below right eye (i) 6 x 1.5 cm (ii) 2 x 1 cm in dimensions. Fresh Criminal Appeal No.194-DB of 2009 -5- blood is present over the injuries clothes and face of the patient. Injury No. (i) is in the transverse section whereas injury No. (ii) is a stab like. Advised X-ray of skull to rule out any fracture of maxilla (Rt.) injury No.(i) is just below the eye and (ii) is on the right cheek.
(2) Swelling of the right side of the face and neck. There are signs of strangulation on the neck. Advised X-Ray to rule out the fracture of mandible.
(3) There is bleeding through nose and right ear. Advised X-Ray to rule out fracture of the nasal wound. Advised opinion of ENT Specialist."
The injuries inflicted on the person of Paramjit Kaur PW-8 were as follows :-
"(1) There are two incise injuries on the forehead (i) 4 x 7 cm just above the left eyebrow. (ii) 5 x 8 cm about 3 cm above injury No.1. Both are transverse sections. Fresh blood is present over face and rest of the body (clothes etc.) Advised X-Ray skull A.P. and lateral views.
(2) Upper part of right pinna from its attachment to the head is separated. Only remaining 2/3 part of right ear is there. (3) Right hand is swollen from the dorsal aspect more towards the thumb and swelling more towards wrist also. Advised X-
ray right hand A.P. and lateral views.
(4) Both the eyelids are swollen and it is difficult to open the eyes. Advised X-ray skull as in injury No.1.
(5) Signs of strangulation are present on the neck. Neck is also Criminal Appeal No.194-DB of 2009 -6- swollen. Advised X-ray neck. A.P. and lateral views."
Taking these injuries into consideration, it comes out that these were inflicted with rods and sticks, i.e. the weapons which the appellants were carrying. The medical evidence corroborates the ocular account. Dr.Bharti Tanwar PW-2, Dr.Rajinder Singh, Dr.Navdeep Walia PW-18 who medico-legally examined the eye-witnesses and Dr.S.S.Oberoi PW-13 who prepared the post-mortem report of Hazur Singh, statements corroborate the version put forward by the eye-witnesses.
Occurrence took place within the house at mid-night and it was natural for these witnesses to be present there during night time. The argument of the learned counsel for the appellants that the eye-witnesses are related to each other, does not cut much ice, as only closely related persons would be sleeping in the same house during night. There are no material discrepancies in the statements of the eye-witnesses. There is no delay in lodging of the F.I.R. There is no motive for the eye-witnesses to falsely implicate the appellants.
We do not find any infirmity in the judgment of the learned trial Court.
Appeal is dismissed.
( MEHTAB S.GILL )
JUDGE
( ARVIND KUMAR )
April 21, 2010 JUDGE
GD
WHETHER TO BE REFERRED TO REPORTER? YES/NO