Punjab-Haryana High Court
State Of Haryana vs Vijender @ Vijay on 14 August, 2013
Author: K.C.Puri
Bench: K.C.Puri
Criminal Appeal No.S-1142-SB of 2001 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Criminal Appeal No.S-1142-SB of 2001
Date of Decision: August 14, 2013.
State of Haryana
.....Appellant
Versus
Vijender @ Vijay
.....Respondent
2nd
Criminal Revision No.805 of 2001
Smt. Rajbala
.....Petitioner
Versus
State of Haryana and another
.....Respondents
CORAM: HON'BLE MR. JUSTICE K.C.PURI
Present: Mr. Amit Kaushik, Sr. DAG, Haryana,
for the appellant.
Mr. Bhadur Singh, Advocate for the petitioner.
(In CRR No.805 of 2001).
Mr. R.B.Gupta, Advocate for the respondent-accused.
K.C.PURI, J. (ORAL)
Vide this judgment I intend to dispose of Criminal Appeal No. S-1142-SB of 2001, titled as State of Haryana Vs. Manoj Kumar 2013.09.09 14:31 I attest to the accuracy and integrity of this document Criminal Appeal No.S-1142-SB of 2001 2 Vijender @ Vijay and Criminal Revision No. 805 of 2001, titled as Smt. Rajbala Vs. State of Haryana and another as both these appeal and revision have arisen out of the same judgment.
Briefly, stated the case of the prosecution is that Vijender @ Vijay son of Narsi Ram appellant-accused has been sent to stand trial for the alleged commission of offence punishable under Sections 326 and 452 IPC in respect of FIR No.94 dated 18.04.1999, Police Station City Tohana.
The law was set in motion by recording the statement of complainant Smt. Rajbala wife of Rajbir Singh who has stated that she is residing in Canal Colony, Tohana and her husband was working as Beldar in Canal Department, Tohana. She has further stated that she was serving as Peon in Canal Department and her appointment in the Canal Department was on compassionate ground. Complainant has further stated that her nephew Vijay Kumar son of Narsi Ram, resident of Kheri, District Jhajjar also works with Darshan at Tohana in beekeeping business. About 10 days back Vijay demanded ` 2,000/- from her. Complainant assured Vijay that amount would be paid on receipt of wheat allowance. On 16.04.1999 at about 11.00 P.M. Vijay Kumar came to her house by opening the door and asked her to give ` 2,000/- to which she denied. Vijay who was having a container of acid threw acid on her due to which her hands, mouth, chest and abdomen were burnt. She raised alaram, which attracted Mahinder Singh, on which Vijay Kumar ran away from the place of occurrence. Rajbala Manoj Kumar 2013.09.09 14:31 I attest to the accuracy and integrity of this document Criminal Appeal No.S-1142-SB of 2001 3 was removed to Government Hospital by Mahinder Singh. On the basis of her statement the case under Section 324 and 452 IPC was registered against him.
Investigation was conducted, on receipt of the report of Medical Officer Section 326 IPC was added. The accused was arrested and after completion of the investigation challan was presented against the accused in the Court.
Copies of challan and other documents were supplied to him free of cost as envisaged under Section 207 Cr.P.C.
The learned trial Court framed charge under Sections 326 and 452 IPC against the accused, to which he pleaded not guilty and claimed trial.
Before the trial Court statement of PW1 Rajbala, PW2, ASI Bhim Singh, PW3 Mahinder Singh, PW4 Inspector Harnam Singh (Retd.) and PW5 Azad Singh were recorded. However, better sense prevail upon the appellant and he confessed his guilt before the trial Court. The learned trial Court on the basis of the confession found the accused guilty of offence under Section 326 and 452 IPC and sentenced him to undergo rigorous imprisonment for a period of one year and nine months for commission of offence under Section 326 IPC and one year and six months for commission of offence under Section 452 IPC. However, both the sentences were ordered to be run concurrently. The period of detention undergone by the accused was ordered to be set off against the substantive sentence.
Manoj Kumar2013.09.09 14:31 I attest to the accuracy and integrity of this document Criminal Appeal No.S-1142-SB of 2001 4
Feeling dis-satisfied with the aforesaid judgment dated 27.03.2001, the State of Haryana has preferred the present appeal for enhancement of sentence. The injured Rajbala has also filed revision for enhancement of sentence and grant of compensation.
It is not disputed during the course of arguments that accused now respondent has already undergone incarceration awarded by the trial Court. The forceful contention raised by the State counsel as well as counsel for the complainant is that guilt of the accused under Section 326 and 452 IPC stands proved from the evidence on the file as well as the confession made by the accused. It is submitted that no compensation has been awarded to the injured-complainant. It is contended that sentence awarded one year and nine months for commission of offence under Section 326 IPC for disfigurement is on lower side. Whole of the face and chest have totally disfigured, so, prayer has been made for enhancement of sentence and for grant of compensation.
Counsel for the accused has submitted that the respondent was doing the business of beekeeping but his business was not even providing two meals to the respondent and as such he is idle now a days. The accused-respondent has already undergone incarceration awarded by the trial Court. The occurrence relates to year 1999 for the last more than 14 years back, so, the prayer has been made for the dismissal of the said appeal as well as revision.
I have considered the submissions made by both the sides and have gone through the record very carefully. Manoj Kumar 2013.09.09 14:31 I attest to the accuracy and integrity of this document Criminal Appeal No.S-1142-SB of 2001 5
The trial Court has convicted the accused on the basis of confession made by the accused, however, the learned trial Court has not taken into account the nature of injuries received by the complainant. Her face has been totally disfigured alongwith neck and chest.
At the same time, this Court cannot over sight the fact that occurrence relates to the year 1999 i.e. more than 14 years back and the appellant is undergoing the protracted trial for such a long period. So, considering whole of the circumstances, the accused/respondent Vijender @ Vijay Kumar son of Narsi Ram is directed to deposit ` 1,00,000/- as compensation under Section 357 Cr.P.C. payable to complainant/revisionist within 6 months from today. The long period of 6 months has been given since the counsel for the respondent has submitted that it will take long time to arrange the compensation amount. In case of default of payment of compensation of ` 1,00,000/- within 6 months the accused now respondent shall undergo rigorous imprisonment for two years.
However, at the time of parting with the judgment, the State of Haryana is also directed to pay compensation to the tune of ` 1,00,000/- to the complainant/revisionist within three months from today. Keeping in view the financial conditions, as narrated by the learned counsel for the respondent, whole of the compensation has not been ordered to be paid by the accused/respondent. However, in view the nature of injuries sustained by complainant- Manoj Kumar 2013.09.09 14:31 I attest to the accuracy and integrity of this document Criminal Appeal No.S-1142-SB of 2001 6 Rajbala, minimum ` 2,00,000/- is required for her treatment and settlement in her life.
The abovesaid appeal and revision stand disposed of, accordingly.
Copies of the order be sent to the trial Court for compliance and Chief Secretary, State of Haryana for making payment of the compensation to complainant Rajbala at the earliest but on or before three months.
14.08.2013 (K.C.PURI)
Manoj Bhutani JUDGE
Manoj Kumar
2013.09.09 14:31
I attest to the accuracy and
integrity of this document