Punjab-Haryana High Court
Kuldeep Singh And Others vs The State Of Haryana on 29 November, 2011
-1- Crl. Misc.No. 50455 of 2011 in
Crl. Appeal No.D-704-DB of 2009
Date of decision 29.11.2011
Kuldeep Singh and others versus The State of Haryana
Present: Mr. Vinod Ghai, Advocate
for the applicant/appellant No.4-Rohtash
Mr. H. S. Deol, Addl. AG, Haryana.
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Learned State counsel has filed affidavit of Shri Dinesh Yadav, Deputy Superintendent of Prison, Narnaul mentioning the period of imprisonment undergone by the applicant/appellant No.4-Rohtash. The same is taken on record.
Heard learned counsel for the parties.
The criminal miscellaneous application has been filed seeking suspension of sentence of imprisonment of the applicant/appellant No.4- Rohtash during the pendency of the appeal.
In the incident that occurred on 24.05.2006 at about 9.00 pm, the applicant/appellant No.4-Rohtash is attributed an axe blow from the reverse side on the hands of Karambir (deceased). In terms of the deposition of Dr. Ashok Kumar Ranga (PW-8) who medico legally examined Karambir (deceased), he found three injuries on the person of Karambir (deceased). Injuries No.1 and 2 are lacerated wounds with fracture on the frontal parietal bone palpated and frontal region of the skull respectively. Injury No.3 is a pink abrasion size 4 x 4 cm on the left arm. This according to learned counsel for the applicant/appellant No.4-Rohtash could be attributed to the said applicant/appellant No.4.
In terms of the deposition of Dr. Prem Kumar, CHO, Department of Forensic Medicine, Safdarjang Hospital, New Delhi (PW-13), it is stated that he conducted the post-mortem examination on the dead body of Karambir (deceased). There were five injuires on his person but there is no injury on the hand of Karambir. It is not disputed that Rajinder has been
-2- Crl. Misc.No. 50455 of 2011 in Crl. Appeal No.D-704-DB of 2009 attributed a farshi blow on the head of Karambir (deceased) and Ramesh also gave a farshi blow to Karambir (deceased). The applicant/appellant No.4 has not been attributed any injury on any vital parts of Karambir (deceased); besides, it is submitted that the entire family of the applicant/appellant has been implicated in this case. Therefore, it is submitted that the possibility of false implication cannot entirely be ruled out. This aspect would, however, require consideration at the time of final hearing.
In terms of the affidavit of Shri Dinesh Yadav, Deputy Superintendent of Prison, Narnaul that has been filed in Court today, the applicant/appellant No.4-Rohtash has undergone two years, eleven months and one day as on 13.11.2011.
Keeping in view the fact that no injury is attributed to the applicant/appellant No.4-Rohtash on any vital part of Karambir (deceased); besides, he has undergone imprisonment of almost three years, it would be just and expedient that the sentence of imprisonment of the applicant/appellant No.4-Rohtash during the pendency of the appeal is suspended.
Accordingly, criminal miscellaneous application is allowed and the sentence of imprisonment of the applicant/appellant No.4-Rohtash during the pendency of the appeal shall remain suspended subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Rewari.
( S.S. Saron ) Judge ( Rameshwar Singh Malik ) Judge 29.11.2011 A.kaundal
-3- Crl. Misc.No. 50455 of 2011 in Crl. Appeal No.D-704-DB of 2009