Punjab-Haryana High Court
Jagdish Lal Alias Jaggi And Others vs State Of Punjab on 22 August, 2013
Author: Inderjit Singh
Bench: Inderjit Singh
In the High Court of Punjab and Haryana at Chandigarh
......
Criminal Misc. Nos.64242 of 2011
and
Criminal Appeal No.S-622-SB of 2001
.....
Date of decision:22.8.2013
Jagdish Lal alias Jaggi and others
...Appellants
v.
State of Punjab
...Respondent
....
Coram: Hon'ble Mr. Justice Inderjit Singh
.....
Present: Mr. Jaideep Verma, Advocate for the appellants.
Mr. Yogesh Gupta, Assistant Advocate General, Punjab
for the respondent-State.
......
Inderjit Singh, J.
Cr. Misc. No.64242 of 2011:
The criminal miscellaneous application is allowed as prayed for subject to just exceptions.
Copy of death certificate (Annexure-A.1) of appellant No.1 Late Shri Jagdish Lal, attached with the criminal miscellaneous application, is taken on record.
Cr. Appeal No.S-622-SB of 2001:
Jagdish Lal alias Jaggi, Paramjit alias Manga, Harish Kumar alias Billa and Inder Dev Yadav-appellants have filed this appeal against the judgment of conviction and order of sentence dated 5.5.2001 passed by Additional Sessions Judge, Ludhiana, whereby accused-appellant Parmar Harpal Singh 2013.09.16 17:09 I attest to the accuracy and integrity of this document Chandigarh Cr. Appeal No.S-622-SB of 2001 [2] Paramjit alias Manga has been held guilty and convicted for the offence under Section 324 of the Indian Penal Code (hereinafter referred to as `IPC'), whereas accused-appellants Jagdish Lal alias Jaggi, Harish Kumar alias Billa and Inder Dev Yadav have been held guilty and convicted for the offence under Section 324 read with Section 149 IPC in respect of injury No.13. Accused-appellants Harish Kumar alias Billa, Ramu Bhayia (P.O.) and Inder Dev Yadav have also been held guilty and convicted for the offence under Section 325 IPC, whereas accused-appellants Jagdish Lal alias Jaggi and Paramjit alias Manga have been held guilty and convicted for the offence under Section 325 read with Section 149 IPC in respect of injury No.6. Accused-appellant Jagdish Lal alias Jaggi has also been held guilty and convicted for the offence under Section 325 IPC, whereas the remaining three accused have also been convicted for the offence under Section 325 read with Section 149 IPC in respect of injury No.12. For the other injuries on the person of the injured, accused- appellants Harish Kumar alias Billa and Inder Dev Yadav have also been held guilty and convicted for the offence under Section 323 IPC, whereas the remaining accused-appellants have been held guilty and convicted for the offence under Section 323 read with Section 149 IPC. All the accused have also been held guilty and convicted for the offences under Sections 342 IPC and 148 IPC. However, they have been acquitted of the charge framed under Section 307 IPC. Accused-appellants Paramjit alias Manga, Harish Kumar alias Billa and Inder Dev Yadav have been released on probation for good conduct subject to their furnishing a personal bond in Parmar Harpal Singh 2013.09.16 17:09 I attest to the accuracy and integrity of this document Chandigarh Cr. Appeal No.S-622-SB of 2001 [3] the sum of `5,000/- with one surety in the like amount each to appear and receive sentence whenever called upon during the period of two years.
They have been ordered to keep peace and be of good behaviour and during the period of probation they have been ordered to remain under the supervision of the District Probation Officer, Ludhiana. However, accused-appellant Jagdish Lal has been sentenced to undergo rigorous imprisonment for two years and to pay a fine of `1,000/- and in default of payment of fine to further undergo rigorous imprisonment for six months for the offence under Section 324 read with Section 149 IPC in respect of injury No.13 on the person of injured. He has also been sentenced to undergo rigorous imprisonment for three years and to pay a fine of `2,000/- and in default of payment of fine to further undergo rigorous imprisonment for nine months for the offence under Section 325 read with Section 149 IPC in respect of injury No.6. He has also been sentenced to undergo rigorous imprisonment for three years and to pay a fine of `2,000/- and in default of payment of fine to further undergo rigorous imprisonment for nine months for the offence under Section 325 IPC in respect of injury No.12. He has also been sentenced to undergo rigorous imprisonment for six months and to pay a fine of `500/- and in default of payment of fine to further undergo rigorous imprisonment for three months for the offence under Section 323 read with Section 149 IPC. He has also been sentenced to undergo rigorous imprisonment for six months and to pay a fine of `500/- and in default of payment of fine to further undergo rigorous imprisonment for three months for the offence under Parmar Harpal Singh 2013.09.16 17:09 I attest to the accuracy and integrity of this document Chandigarh Cr. Appeal No.S-622-SB of 2001 [4] Section 342 IPC. He has also been sentenced to undergo rigorous imprisonment for two years and to pay a fine of `1,000/- and in default of payment of fine to further undergo rigorous imprisonment for six months for the offence under Section 148 IPC. All the substantive sentences have been ordered to run concurrently. A sum of `5,000/- out of the amount of fine, if realized, has been ordered to be paid as compensation to the injured.
During the course of arguments, learned Assistant Advocate General, Punjab on verification states that appellant No.1 Jagdish Lal alias Jaggi has died, therefore, proceedings against him are liable to be abated. Ordered accordingly.
The brief facts of the prosecution case are that the FIR in the present case has been recorded on the statement Ex.PC of complainant Tarlok Singh. He stated that he retired as Inspector from Punjab Police in the year 1981. On 28.7.1997 at about 10.00 p.m. he was sitting in the lawn of his house on a cot and was waiting for his son Harkanwaljeet Singh, who was working as Courier in Bharat Nagar Chowk, Ludhiana and who had not returned till that time. Mohinder Singh his elder son was also sitting with him. When Harkanwaljeet Singh reached near the house of accused Jagdish Lal alias Jaggi Namberdar, who is neighbour of the complainant, just opposite the main gate of house of Jagdish Lal, then accused Jagdish Lal armed with a `Gandasi', accused Paramjit alias Manga armed with a `Kirpan, their servant accused Inder Dev Yadav, Ramu Bhayia (P.O.) and accused Harish Kumar alias Billa armed with dangs Parmar Harpal Singh 2013.09.16 17:09 I attest to the accuracy and integrity of this document Chandigarh Cr. Appeal No.S-622-SB of 2001 [5] immediately came out of the house of accused Jagdish Lal. They encircled Harkanwaljeet Singh. Accused Paramjit Singh gave a `Kirpan' blow which hit on the head of Harkanwaljeet Singh-injured. The injured fell down. Then accused Jagdish Lal gave a `Gandasi' blow from its reverse side on the face of the victim. The other accused also caused injuries to the injured with their respective weapons. Then they dragged Harkanwaljeet Singh within their house with an intention to kill him. They also took the scooter of the injured inside their house. The complainant and his son Mohinder Singh raised alarm. In the meantime, Jagdish Lal came out side with his licensed gun and aimed the same at the complainant and his son and threatened that he would teach them also a lesson. Upon this, the complainant and his son Mohinder Singh came back out of fear. Ajmer Singh and Dilbagh Singh relatives of the complainant were called on telephone and on their intervention the injured was managed to be taken out of the house of the accused. He was taken to Civil Hospital, Ludhiana. Inside the house of accused, Jagdish Lal also gave a blow with the butt of his gun on the ankle of the injured victim. Injured was medico-legally examined. `Ruqa' was sent to the Police Station on the basis of which formal FIR was registered. Injured was medico-legally examined. After necessary investigation, challan was presented.
On presentation of challan, the trial Court finding prima facie case against the accused framed charges for the offences under Sections 148, 307, 324, 325, 342 read with Section 149 IPC, to which the accused Parmar Harpal Singh 2013.09.16 17:09 I attest to the accuracy and integrity of this document Chandigarh Cr. Appeal No.S-622-SB of 2001 [6] pleaded not guilty and claimed trial.
In support of its case, the prosecution examined PW-1 Dr. Daljit Singh Kochhar, who mainly deposed regarding conducting medico- legal examination of Harkanwaljeet Singh on 28.7.1997 at 11.55 p.m. and found the following injuries:-
"1) Diffused swelling all over middle of nose. Fresh bleeding was present from both the nostrils and X-ray was advised.
2) Lacerated wound 3/4 x 1/3" on right upper lip near angle of mouth and fresh bleeding was present.
3) Lower part of upper right lateral incisor tooth broken and gum margins were contused and was referred to Dental Surgeon for opinion regarding nature and duration of dental injury.
4) Abrasion 1 x 1 cm just below right lower lip near angle of mouth.
5) Complained of pain on left side of cheek and left side of palate contused and was referred to Dental Surgeon and for X-ray.
6) Red contused swelling 4½" x 1/2" on back of chest left side in middle and coming to lateral wall of chest and X-
ray was advised.
7) Red contusion 6" x 1" diagonally placed on back of chest right side in scapular region.
Parmar Harpal Singh 2013.09.16 17:09 I attest to the accuracy and integrity of this document Chandigarh
Cr. Appeal No.S-622-SB of 2001 [7]
8) Red contusion 4½" x 1" in mid line in the vertebral column.
9) Red contusion 6" x 1" just parallel to injury No.8.
10) Red contusion 2½" x 1½" on right lateral wall of chest and X-ray was advised.
11) Red contusion 1½ " x 1/2" in the right calf in middle.
12) Diffused swelling all around right lateral ankle joint. X-
ray was advised.
12A) Red contusion 1" x 1/4" on lateral part of right thigh in middle.
13) An incised wound 1" x 1/4" deep in the left parietal region and fresh bleeding was present and X-ray was advised."
He also declared injuries No.6 and 10 as grievous in nature.
PW-2 Dr. Ashok Raswant, Radiologist mainly deposed that he conducted X-ray of injuries of Harkanwaljeet Singh on 29.7.1997 and found fracture lower end of right tibia and fibula. No fracture was found in nasal bone skull. Fracture of the 10th rib on left side was also found. PW-3 Tarlok Singh complainant and eye witness to the prosecution version also mainly deposed as per prosecution version. PW-4 ASI Bhagwant Singh is the Investigating Officer. He deposed regarding conducting the investigation of this case. He also deposed regarding preparing of site plan and also taking into possession scooter No.PB-10U- 1797 from the courtyard of house of accused Jagdish Lal alias Jaggi. PW- Parmar Harpal Singh 2013.09.16 17:09 I attest to the accuracy and integrity of this document Chandigarh
Cr. Appeal No.S-622-SB of 2001 [8] 5 Harkanwaljeet Singh injured also mainly deposed the same facts as per prosecution version. PW-6 ASI Jagroop Singh also conducted partly investigation in this case and deposed regarding the same.
At the close of prosecution evidence, the accused were examined under Section 313 Cr.P.C. and were confronted with the evidence of the prosecution but they denied the correctness of the evidence and pleaded themselves as innocent. Accused-Jagdish Lal alias Jaggi deposed that he had been falsely implicated in this case. Tarlok Singh is a retired Police Inspector and has influence with local Police. He had two daughters. At that time those were of marriageable age. Harkanwaljeet Singh PW was not doing any service. His house is situated in the fields. On the alleged date of incident, he and his son had gone to water his fields. At about 10 or 10.30 p.m. he heard shrieks from his house. He went to his house and found Harkanwaljeet Singh in his house. His daughters told him that he had entered the house and started teasing them in order to rape his daughter Neelam and his daughters Seema and Neelam further told him that in order to save their honour they had given him beatings. Then he went to the Police and informed the incident but instead of taking any action against Harkanwaljeet Singh, he and his son had been implicated falsely in this case. Harkanwaljeet Singh due to his muscle power, used to threaten them and he along with other boys had given beatings to his son Suresh Kumar, who was studying in 8th class at that time for which he had lodged report with the Police. Other accused deposed that they had been falsely implicated. Accused Paramjit alias Parmar Harpal Singh 2013.09.16 17:09 I attest to the accuracy and integrity of this document Chandigarh Cr. Appeal No.S-622-SB of 2001 [9] Manga deposed that he had been falsely implicated being the son of accused Jagdish Lal.
In defence the accused-appellants examined DW-1 Neelam, daughter of Jagdish Lal, who deposed as per defence version. She stated that Harkanwaljeet Singh's house is opposite to her house. He used to cut jokes with her and her sister whenever he came out of his house. Harkanwaljeet Singh had beaten her brother on the same day in order to overawe them. Harkanwaljeet Singh injured came on scooter along with two other persons. Her father and mother had gone to Civil Hospital, Ludhiana and her brother and Siris had gone to irrigate their fields. Harkanwaljeet Singh and his companions tried to cut jokes with her and her sister and Harkanwaljeet Singh began to molest her and her sister. Harkanwaljeet Singh had entered in the house when they were cooking the meals. When they were molested by Harkanwaljeet Singh injured, they took out `Bhukna' and `Belna' and caused injuries to Harkanwaljeet Singh. Thereafter, he took the scooter and ran away along with his companions to his house. He informed the Police and the Police came to their house where `Bhukna' and `Belna' were taken into possession by the Police. DW-2 Dr. U.S. Sooch, Medical Officer, Civil Hospital, Ludhiana medically examined Suresh son of Jagdish Lal and found nine injuries, abrasions and contusion injuries.
After going through the evidence and material on record, the learned trial Court vide impugned judgment and order convicted and sentenced the accused-appellants as stated above. All the accused- Parmar Harpal Singh 2013.09.16 17:09 I attest to the accuracy and integrity of this document Chandigarh
Cr. Appeal No.S-622-SB of 2001 [10] appellants except appellant No.1 Jagdish Lal alias Jaggi, have been released on probation as mentioned above.
At the time of arguments, learned counsel for the appellants argued that the appellants have been falsely implicated in the present case. Learned counsel for the appellants further argued that defence version is more probable and is supported by the medical evidence of DW-2. Learned counsel for the appellants further argued that Ajmer Singh and Dilbagh Singh were not examined in the present case which also creates reasonable doubt. Learned counsel for the appellants further argued that there is delay in recording the FIR. The occurrence took place at night time and the FIR was registered in the morning which creates doubt in the prosecution version. He argued that there being merit in the appeal, the same should be allowed.
On the other hand, learned Assistant Advocate General, Punjab appearing for the respondent-State argued that case of the prosecution has been duly proved by leading cogent evidence. The oral statements of the injured and the complainant are duly supported and corroborated by medical evidence and investigation of this case. Defence version is not believable. The delay in the present case has been explained as Harkanwaljeet Singh was to give medical treatment first. He further argued that Ajmer Singh and Dilbagh Singh were not eye witnesses. Therefore, their non-examination will not create any doubt in the prosecution version. He argued that there is no merit in this appeal and it should be dismissed.
Parmar Harpal Singh 2013.09.16 17:09 I attest to the accuracy and integrity of this document Chandigarh
Cr. Appeal No.S-622-SB of 2001 [11] I have gone through the evidence on record minutely and carefully and have heard learned counsel for the appellants and learned Assistant Advocate General, Punjab appearing for the respondent-State.
From the evidence on record, I find that first of all as regards the delay the occurrence took place at night time and injured Harkanwaljeet Singh received 13 injuries on his person. He was firstly to give medical treatment. He was taken to Civil Hospital. Therefore, the delay whatever has been explained in the present case.
As regards the defence version, it cannot be believed in the present case. As per PW-1 Dr. Daljit Singh Kochhar, there were 13 injuries on the person of Harkanwaljeet Singh, some of which were lacerated wounds, abrasions, contusions and injury No.13 was incised wound deep in the left parietal region and fresh bleeding was present. As per DW-1 Neelam, the injuries were given with `Bhukna' and `Belna'. She had no where stated that any injury was caused with sharp-edged weapon. Therefore, the version given by DW-1 cannot be believed. Otherwise also, if the version of DW-1 is to be believed, then Harkanwaljeet Singh, who is a young boy, would have also given some injuries to Neelam or her sister, but this is not the case that the complainant side received any injury on their person. Further, the defence version also cannot be believed as DW-1 states that Harkanwaljeet Singh injured took the scooter and ran away along with his companions to his house, but as per the Investigating Officer scooter was recovered from the house of Jagdish Lal Namberdar. Further more, if the companions of Harkanwaljeet Singh were also there, Parmar Harpal Singh 2013.09.16 17:09 I attest to the accuracy and integrity of this document Chandigarh Cr. Appeal No.S-622-SB of 2001 [12] then it was not possible for the young girls to give so many injuries on the person of Harkanwaljeet Singh and without receiving even an abrasion on their person. So, defence version cannot be believed.
As regards the injuries on the person of Suresh son of Jagdish Lal on 28.7.1997 at about 6.30 p.m., rather, will show the motive for causing injuries to Harkanwaljeet Singh as DW-1 has stated that Harkanwaljeet Singh had given injuries on that day to her brother.
So, in view of the facts and circumstances of the present case, I find that the defence version is not believable. There is also no complaint made to the higher Police Officers by DW-1 regarding false implication of her father and other accused. A perusal of the evidence on record no where shows that the appellants are innocent and have been falsely implicated in the present case. Non-examination of Ajmer Singh and Dilbagh Singh will not create any doubt in the prosecution version as the injuries were given earlier to their arrival. Therefore, their non- examination will not create any doubt in the prosecution version.
As regards the delay in recording the FIR, it is settled law that the delay in itself is not fatal to the prosecution version. The only precaution in such a case is to scrutinize the evidence more cautiously and carefully by the Court. I have gone through the evidence more cautiously and carefully and find that the statements of PW-3 complainant-Tarlok Singh and PW-5 Harkanwaljeet Singh are consistent on material points and there are no material contradictions or material improvements in their statements which may go to the root of the case. Parmar Harpal Singh 2013.09.16 17:09 I attest to the accuracy and integrity of this document Chandigarh
Cr. Appeal No.S-622-SB of 2001 [13] The PWs are trustworthy and reliable witnesses. The oral statements of the PWs are duly supported by medical evidence and investigation of the case. Learned trial Court has correctly convicted the appellants Paramjit alias Manga, Harish Kumar alias Billa and Inder Dev Yadav and the judgment of conviction and order of releasing them on probation are upheld.
Therefore, finding no merit in this appeal, the same is dismissed.
As Jagdish Lal alias Jaggi-appellant No.1 has died during the pendency of this appeal, the appeal qua him is abated. August 22, 2013. (Inderjit Singh) Judge *hsp* Parmar Harpal Singh 2013.09.16 17:09 I attest to the accuracy and integrity of this document Chandigarh