Punjab-Haryana High Court
Karnail Singh And Others vs State Of Haryana on 2 January, 2012
Crl. Appeal No. 458-SB of 2000 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Appeal No. 458-SB of 2000
Date of Decision: January 02, 2012
Karnail Singh and others ...... Appellants
Versus
State of Haryana ....... Respondent
Coram: Hon'ble Mr. Justice Ajay Tewari
Present: Mr. V.B.Aggarwal, Advocate,
Mr. Gourave Mohunta, Advocate
for the appellant(s).
Ms. Preeti Choudhary, AAG, Haryana.
****
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Judgment
Ajay Tewari, J.
This appeal has been filed against the judgment of conviction and order of sentence passed by learned Additional Sessions Judge, Kurukshetra dated 09.05.2000 vide which the appellants have been sentenced to undergo imprisonment as under:-
Name of the Under Sentence Fine
accused- Section
appellants
All the 148 IPC One year each
appellants
Crl. Appeal No. 458-SB of 2000 2
Name of the Under Sentence Fine
accused- Section
appellants
All the 323 read with 6 months each
appellants Section 149
IPC
All the 324 read with One year each
appellants Section 149
IPC
Appellant 307 IPC Seven years Rs. 1000/-, In default R.I.
Shish Pal For three months
All the other 307 read Seven years each Rs. 1000/- each., In default
appellants with Section R.I. for three months each
except Ronki 149 IPC
Appellant 307 read with Three years Rs. 1000/-, In default R.i.
Ronki Section 149 for three months
IPC
All the sentences were ordered to run concurrently.
The matrix of the prosecution case is that on 22.8.93 complainant Bishna Ram son of Santu gave a statement to SI/SHO Pardeep Singh alleging therein that he was a resident of village Kalyana and that there was a well of the Harijans in their village. They had closed that well about a year back by filling earth in it. There was some land near the well and the Panchayat, about 10 days back, had divided that land between the Harijans and the Balmikis. On the fateful day the Panchayat had got the foundation of the well dug from the Harijans and the Balmikis. The complainant stated that he along with Desraj, his son Resham, Roshan and Labh Singh, Gurdial, Ram Kishan and Faquiria collected bricks at the well and started constructing the foundation with bricks. Ronki gave a Lalkara to the other Balmikis to catch hold of all the Harijans and teach them a lesson for constructing the foundation. Ronki's son Nathu was armed with Gandasi. Ajmer son of Tirloka was armed with Lathi, Jaipal son of Ronki, Karnail son of Tirloka and Banta son of Ronki were armed with Lathies. Ronki's sons Charna and Gurdial were not armed with anything. Ajmer Crl. Appeal No. 458-SB of 2000 3 gave three lathi blows to Ram Kishan which hit him on his left eye, forehead and left shoulder. Nathu hit Ram Kishan with Gandasi on his stomach. Shish Pal alias Bittu hit Faquiria on his head with sword. Nathu caused injuries with Gandasti to Faquiria on his both legs. Banta Ram hit the complainant with lathi on his head, left hand and left leg. The complainant, Ram Kishan and Faquiria fell down. Charna and Gurdial hit Roshan, Banta, Balvinder, Ramesh, Labh Singh and others with bricks. Jai Pal. Karnail, Tirloka, Banta and Ballu hit Desraj and others with their lathies. Injuries were suffered by them. They were got admitted by the villagers in the hospital at Shahabad. Gurbachan Singh Lambardar and Karnail Singh member Panchayat had also seen the occurrence. They also saved them from the clutches of the accused. Nathu and others threatened the complainant party with dire consequences. Injuries were also caused by them to Balmikis in their self defence. A case under Sections 323, 324, 148,149 and 506 IPC was registered against the accused. All of them were arrested. After completion of investigation and other usual formalities challan was presented in Court.
Accused were chargesheeted under Sections 148/323/324/307 read with Section 149 IPC to which they did not plead guilty and claimed trial.
In order to prove its case, the prosecution examined as many as 12 witnesses out of which three are doctors viz. PW1 Dr. S.C.Grover, PW3 Dr.Bhaskar Guptwa and PW12 Dr. R.K.Kaushal. Nine witnesses were given up being unnecessary. PW1 Dr. S.C.Grover had conducted the X-ray examination on Ram Kishan son of Basant Ram on 22.8.1993 and found as under:-
Crl. Appeal No. 458-SB of 2000 4
X-ray skull for injury No.2 showed no bony injury. X-ray left shoulder for injury No.3 did not show any fracture.
X-ray abdomen for injury No.4 did not show any gas under domes of diaphragm. No dilated loops of gut were seen.
On 28.8.93 he radiologically examined Bishna Ram son of Santu Ram and found that the X-ray of left hand showed fracture of left terminal phalanx of thumb.
PW3 Dr. Bhaskar Gupta medico legally examined Mr. Faquiria on 22.8.1993 an found the following injuries on his person:-
1. There was a cut wound 10 cm x 1 cm on right side of scalp in parietal region, 2.5 cm lateral to mid line.
Anterior end of wound was 2.5 cm behind the hair line. Injury was directing backwards, parallel to mid line. Bone was exposed. There was fresh bleeding from the injury. Area was tender. Diffuse swelling was present. X-ray was advised. Patient had complained that he had numbness in left upper and lower limbs. Patient was conscious. B.P. was 110/80 mm of Hg. Pulse was 100 per minute. There was no vomiting. Pupils were of normal size, reacting to light. A cut was seen in bone of skull.
2. There was an abrasion 1.5 cm x 1.5 cm on anterior aspect of left knee joint. Area was reddish and tender.
3. There was a lacerated wound 1.5 cm x 0.3 cm on antero lateral aspect of right leg, 5 cm below the knee joint. Injury No. 1 was caused by sharp weapon whereas injuries No. 2 and 3 were caused by blunt weapon. Injury No. 1 was kept under observation whereas injuries No. 2 and 3 were declared simple. The duration of injuries was within six hours. Crl. Appeal No. 458-SB of 2000 5 On the same day he also examined Ram Kishan son of Basant Ram and found the following injuries:-
1. He was conscious, B.P. Was 90/70 mm of Hg, Pulse was 84 per minute, regular, good in volume.
2. There was lacerated wound, 3 cm x 2 cm on lateral end of left eye brow. Margins were irregular, underlying tissues and bone was exposed. Area was tender. Fresh bleeding was present along with diffuse swelling. X- ray was advised.
3. Patient had complained of pain in left shoulder. There was no external injury. Area was tender. Diffuse swelling was present. X-ray was advised.
4. There was a cut wound, 2 cm x ½ cm on right side of abdomen, 5 cm lateral to umblicus, at level of umblicus, fatty tissue was protruding out of injury.
Abdomen was distended. Intestinal sounds were present. Abdomen was mildly tender. Case was referred to Surgeon for expert opinion.
Injuries no.2 and 3 were caused by blunt weapon whereas injury no.4 was caused by sharp pointed weapon. All the injuries were kept under observation and were caused within the duration of six hours. On the same day he also examined Desraj son of Shri Nanak and found the following injuries:-
1. There was lacerated wound 1.5 cm x .2 cm on the left eye brow in middle, margins were irregular. Fresh bleeding was present. Both lids were swollen. Area was tender. X-ray was advised.
2. Another lacerated wound was present on left lower lid, close to orbital margins, 1.5 cm x 3 cm in size curved in shape. Area was tender. Margins were irregular.
3. Lacerated wound 1.5 cm x .3 cm with irregular margins was present between medial canthus of left Crl. Appeal No. 458-SB of 2000 6 eye and injury no.2. Area was tender. Fresh bleeding was present. Conjuctiva was swollen. Cornea was not visible. Injury was kept under observsation.
He also examined Banta son of Sunder Lal and found the following injuries:-
1. Patient had complained of pain on medial side of right hand. Area was tender. Diffuse swelling was present.
2. Diffuse swelling 8 cm x 5 cm on anterio medial aspect of left leg, 8 cm above the medial maleolus. Area was tender. T here was small lacerated wound 1 cm x 1 cm on the swelling. Fresh bleeding was present. X-ray was advised.
Both the injuries were caused by blunt weapon within duration of 6 hours. Injury no. 1 was declared simple whereas injury no.2 was subjected to x-ray examination. On the same day he also medicolegally examined Bishna Ram and found the following injuries:-
1. There was a lacerated wound 1.5cm x .5 cm on anterior aspect of middle of left leg. Margins were irregular. Area was tender. Fresh bleeding was present.
2. Another lacerated wound was present on forsum of distal phalanx of left thumb, close to nail margins, 3 cm x .75 cm. Nail was raised above its bed. Area was tender. Diffuse swelling was present. X-ray was advised.
3. Lacerated wound 5 cm x 1 cm was present on scalp in parietal region, curved in shape in mid line transversely placed. Margins were irregular. Injury was 12 cm interior to occipital protuberance. Fresh bleeding was present. Area was tender. X-ray was advised.
All the injuries were caused by blunt weapon within Crl. Appeal No. 458-SB of 2000 7 duration of six hours. Injury no.1 was declared simple whereas injuries no. 2 and 3 were subjected to x-ray examination.
On the same day he also examined Balwinder son of Sadhu Ram and found the following injuries:-
1. Lacerated wound 2.5 cm x .5 cm on right side of forehead, 2.5 cm above the eyebrow, medial end of injury was on mid line. Area was tender. Diffuse swelling was present along with fresh bleeding. Margins were irregular, X-ray was advised.
2. Another lacerated wounds two in number, 5 cm apart 1.5 cm x .05 cm and 1 cm x .5 cm in sizes were present on anterior aspect of right leg in middle. Area was tender. Fresh bleeding was present.
Both the injuries were caused by blunt weapon within duration of six hours. Injury No.1 was subjected to X- ray examination. Injury No.3 was declared simple. On the same day he also medico legally examined Bishan Singh son of Desraj and found the following injuries:-
1. Lacerated wound 2.5 cm x .5 cm on the right side of forehead, 2.5 cm above the eye brow,medial end of injury was on midline. Area was tender. Diffuse swelling was present along with fresh bleeding. Maergins were irregular. X-ray was advised.
2. Another lacerated wounds two in number , 5 cm apart 1.5 cm x .05 cm and 1 xm x .5 cm in size were present on anterior aspect or right leg in middle., Area was tender. Fresh bleeding was present.
Both the injuries were caused by blunt weapon within duration of six hours. Injury No.1 was subjected to x- ray examination. Injury No.2 was declared simple. Crl. Appeal No. 458-SB of 2000 8 On the same day he also examined Ramesh son of Rachna Ram and found the following injuries:-
1. There was lacerated wound 1.5 cm x .5 cm on the right side of scalp in parietal region. 5 cm lateral to mid line. 10 cm anterior to occipital protuberance. Area was tender. Fresh bleeding was present along with diffuse swelling. X-ray was advised.
Injury was caused by blunt weapon within duration of 6 hours and was subjected to x-ray examination. Labh Singh son of Ram Rattan was also examined by him on the same day and found the following injuries:-
1. There was a lacerated wound 2.5 cm x 1 cm on left side of scalp in temporo parietal region, 6 cm above the ear Pinna. Diffuse swelling was present. Area was tender. Margins were irregular. X-ray was advised.
Injury was caused by blunt weapon within duration of 6 hours and was subjected to x-ray examination. Injuries on the person of Kulwant Singh were found as under:-
1. There was a lacerated wound, 1 cm x ½ cm on lateral aspect of right leg, 6 cm above the lateral maleolus. Diffuse tender swelling was present around the injury in an area of 8 cm. Fresh bleeding was present. X-
ray was advised.
Injury was caused by blunt weapon within duration of 6 hours and was subjected to x-ray examination. Following injuries were found on the person of Tarloka son of Basanta:-
1. There was a lacerated wound 4 cm x 1 cm on left side of forehead, 2.5 cm above the eyebrow. Area was tender. Fresh bleeding was present along with diffused Crl. Appeal No. 458-SB of 2000 9 swelling. Injury was 5 cm lateral to mid line. X-ray was advised.
On the same day he also examined Natha Ram son of Ronki Ram and found the following injuries:-
1. There was a lacerated wound, 2 cm x .5 cm on right side of scalp in parietal region, 1 cm lateral to mid line, 8 cm behind the hair line. Area was tender.
Diffuse swelling was present. Fresh bleeding was present. X-ray was advised.
2. Lacerated wound 1.5 cm x 1 cm on left side of forehead, 5 cm above the lateral end of left eye brow. Injury was 1 cm close to hair line. Margins were irregular. Area was tender. Fresh bleeding was present. X-ray was advised.
3. Lacerated wound 1.5 cm x .5 cm on anterio medial aspect of right leg. 6 cm below the tebial tuberosity. Area was tender. Fresh bleeding was present.
4. Abrasions .5 cm x .5 cm in size on dorsum of distal phalanx of right ring finger. Area was tender. Fresh blood was oozing.
All the injuries were caused by blunt weapon within duration of six hours.
Injuries on the person of Karnail Singh son of Tarloka Singh were found as under:-
1. A lacerated wound 1.5 cm x .5 cm on left side of scalp, 2 cm lateral to mid line behind the hair line. Margins were irregular. Area was tender. X-ray was advised.
2. Another lacerated wound 5 cm x 1 cm on lateral end of left eye brow, upper end of injury was 2 cm above the lateral canthus of left eye. Area was tender. Fresh bleeding was present.
Both the injuries were cause by blunt weapon within duration for 6 hours. Injury no.1 was subjected to X-ray whereas injury no.2 was declared as simple.
Crl. Appeal No. 458-SB of 2000 10On the same day Jai Pal son of Ronki Ram was examined and following injuries were found on his person:-
1. Lacerated wound 2 cm x .5 cm on left side of forehead, ½ cm above the middle of left eye brow. Margins were irregular. Area was tender. Fresh bleeding was present. X-ray was advised.
2. Lacerated wound .5 cm x .2 cm on dorsum of right little toe, margins were irregular. Area was tender.
Fresh bleeding was present.
Both the injuries were caused by blunt weapon within duration of six hours. One was subjected to X-ray examination and injury no.2 was declared simple. Injuries on the person of Ajmer son of Tarloka were found as under:-
1. Lacerated wound with irregular margins on left side in parietal region, 7 cm above the ear pinna and 8 cm behind the hair line. Area was tender. Diffuse swelling was present. Injury was bone deep. X-ray was advised.
2. Diffuse swelling which was tender on lower part of right thigh. 8 cm x 6 cm in size. Injury was on anterior lateral aspect. Area showed reddish discolouration.
Both the injuries were caused by blunt weapon within duration of six hours.
Learned counsel for the petitioners has argued that there is contradiction in the medical evidence and ocular evidence. He has further argued that independent witnesses have not been examined by the prosecution. Though the factum of the fight having taken place is admitted but it is stated that the complainant party was aggressor and the accused- petitioners caused injuries to the complainant in their self defence. He has further argued that injuries on the person of accused have not been Crl. Appeal No. 458-SB of 2000 11 explained by the prosecution. He also argued that there are material contradictions in the statements of witnesses examined. It is also very astonishing that the police even did not record the statement of injured/accused though they were admitted in the hospital. This shows that the police was hand in glove with the complainant side.
On the other hand learned AAG has stated that the prosecution has been able to establish its case beyond all doubts.
From a perusal of the entire material on record it is not disputed that in this occurrence both the sides received injuries but it is true that the injuries on the accused side have been swept under the carpet. A comparative analysis of the injuries suffered by injured PW-Fakiria and accused-injured Ajmer would show that injuries suffered by both of them were serious in nature as they were caused on the parietal region. Both the injuries were bone deep and for both the injuries X-ray was advised but it is very surprising that injuries suffered by Ajmer have not been explained by the prosecution. The learned trial Court also has simply given a finding that since the injuries on the person of accused were simple in nature so there was no necessity of explaining them by the prosecution. This finding of the learned trial Court can be termed as vague because if the nature of injuries suffered by the accused-party is simple that does not mean that the police or prosecution would absolve themselves of their lawful duty. The prosecution has tried to fill up this lacuna by stating that when the investigating officer PW-10 Inspector Pardeep Singh had visited the hospital to record the statements of the injured-accused they were not available on their beds. By simply stating that the accused-injured were not available on their beds is not sufficient. If that was so he should have gone there again to record Crl. Appeal No. 458-SB of 2000 12 their statement but he has not done so. So, this lapse has occurred due to inaction on the part of the investigating agency for which the benefit should not have been extended to the complainant party. Resultantly it has to be held that it was not a case where the Balmikis attacked defenceless Harijans but a case where a pitched battle had taken place where injuries were freely exchanged and four persons from amongst accused side also suffered lacerated wounds on their heads.
In view of the above it cannot be ruled out that appellants Gurdial Singh, Charna and Ronki may have been falsely implicated since as per the case of the prosecution itself all three were not armed with anything. Consequently this Court acquits them of the charges levelled against them. As regards the other appellants except Shish Pal, they are acquitted of the charge of Section 307 read with Section 149 IPC. However, their conviction and sentence under the other provisions of the Indian Penal Code is maintained. Let those appellants who have not undergone the punishment now imposed upon them be arrested to serve out the remaining period of their sentence/s. As regards appellant Shish Pal, his appeal is dismissed. Sentence of fine is also maintained. Let him also be arrested to serve out his sentence.
January 02, 2012 (AJAY TEWARI) sunita JUDGE