Punjab-Haryana High Court
Nand Singh @ Nandu And Another vs State Of Punjab on 23 September, 2013
Author: K.C. Puri
Bench: K.C. Puri
Crl.A. No. S 465 SB of 2002 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl.A. No. S 465 SB of 2002 (O&M)
Date of decision : 23.9.2013
...
Nand Singh @ Nandu and another
................Appellants
vs.
State of Punjab
.................Respondent
Coram: Hon'ble Mr. Justice K.C. Puri
Present: Sh. P.S. Brar, Advocate for the appellants.
Sh. S.S. Chandumajra, Senior Deputy Advocate General,
Punjab.
Sh. G.S. Simble, Advocate for the complainant.
...
K.C. Puri, J.
This is an appeal directed by accused-appellants against the judgment and order dated 14.3.2001 passed by Sh. Baldev Singh, Additional Sessions Judge, Faridkot, vide which they have been convicted under Sections 326, 324, 323, 34, 459 IPC and sentenced them to undergo imprisonment and fine as given below:-
Name of convict u/s RI Fine In default of payment of fine Nand Singh 326 IPC 5 years `3,000/- To further undergo RI for a period of three months.
Chugh Banita 2013.09.27 16:02 I attest to the accuracy and integrity of this document Crl.A. No. S 465 SB of 2002 -2- Name of convict u/s RI Fine In default of payment of fine Sukhdev Singh 326/34 5 years `3,000/- To further undergo RI IPC for a period of three months. Nand Singh 324 IPC 1 year `1,000/- To further undergo RI for a period of one month. Sukhdev Singh 324/34 1 year `1,000/- To further undergo RI IPC for a period of one month. Sukhdev Singh 323 IPC 6 months ` 500/- To further undergo RI for a period of 15 days Nand Singh 323/34 6 months ` 500/- To further undergo RI IPC for a period of 15 days Nand Singh and 459 IPC 5 years ` 3,000/- To further undergo RI Sukhdev Singh each for a period of 3 months each
However, all the sentences were ordered to run concurrently. The facts as gathered from the record are that on 3.10.1999, statement of Jaspal Kaur w/o Thana Singh was recorded in G.G.S. Medical College and Hospital, Faridkot, in which she has stated that Nand Singh @ Nandu and his son Pappu used to play cards alongwith some other persons near their house and they used to call bad names and the complainant and her husband used to stop them from playing cards. On 2.10.1999, at about 10.00 P.M. when the complainant alongwith her husband was present in her house, then accused Nand Singh @ Nandu and his son Pappu came to their house and gave abuses and said that they will see as to who will stop them from playing cards. The complainant has further stated that there is no Chugh Banita 2013.09.27 16:02 I attest to the accuracy and integrity of this document Crl.A. No. S 465 SB of 2002 -3- boundary wall to their house and they were sleeping outside the rooms constructed by them and the light was on. Nand Singh and his son were armed with gandasas and Pappu accused raised lalkara that they be not allowed to go scot free and in the meantime, Nandu gave a gandasa blow hitting on the middle finger of the complainant, as a result of which her middle finger was chopped off and fell in the house, and injury was also caused on the ring finger. Nandu gave another blow with his gandasa from its sharp side on the left thigh of the complainant. Pappu gave a gandasa blow on the left elbow of Thana Singh from its reverse side. Pappu gave two more blows from his gandasa from its reverse side hitting on the right wrist and above the left thigh of Thana Singh. They raised a noise and accused ran away from the spot alongwith their respective weapons.
After completion of investigation challan was presented against the accused. Charge under Sections 326, 324, 323, 34, 459 IPC was framed against the accused, to which they pleaded not guilty and claimed trial.
The prosecution, in order to bring home guilt of the accused examined PW-1 Dr. Simmi Garg, PW-2 Dr. K.K. Aggarwal, PW-3 Jaspal Kaur - injured complainant, PW-4 Thana Singh, PW-5 Raj Rani, Record Keeper, PW-6 ASI S. Rajbir Singh, PW-7 Gurbachan Singh, Draftsman and closed the prosecution evidence.
After closure of the prosecution evidence the accused were examined under Section 313 Cr.P.C. and all the incriminating evidence was put to them, to which they denied and pleaded false Chugh Banita 2013.09.27 16:02 I attest to the accuracy and integrity of this document Crl.A. No. S 465 SB of 2002 -4- implication. The accused were called upon to lead their defence evidence and they have examined DW-1 Thana Singh s/o Ram Singh, DW-2 Ranjit Singh s/o Darbara Singh and closed the defence evidence.
Learned trial Court after appraisal of the evidence found the accused guilty under Section 326, 324, 323, 34, 459 IPC and sentenced them to undergo imprisonment and fine as narrated above.
Feeling dissatisfied with the abovesaid judgment and order dated 14.3.2002 passed by Sh. Baldev Singh, Additional Sessions Judge, Faridkot, both the accused have preferred the present appeal.
During the pendency of the appeal, Nand Singh @ Nandu has died and vide order dated 26.8.2013 the appeal qua Nand Singh @ Nandu - appellant No.1 was dismissed as having been abated.
Now, the appeal qua Sukhdev Singh only, requires consideration.
On the last date of hearing counsel for the appellants has placed on the file application for placing on record the compromise with both the injured and their affidavits regarding compromise have also been placed on the file.
Notice of the application was given to the State counsel. Today Sh. G.S. Simble, Advocate has appeared on behalf of both the complainants Jaspal Kaur and Thana Singh and has stated at the Bar that the matter has been compromised.
As per the custody certificate, Sukhdev Singh appellant No.2 has already undergone incarceration for a period of 1 month and 26 Chugh Banita 2013.09.27 16:02 I attest to the accuracy and integrity of this document Crl.A. No. S 465 SB of 2002 -5- days. The matter has been compromised. The grievous injury has been attributed to Nand Singh @ Nandu since deceased.
So, keeping in view the factum of compromise and authorities reported as Kulwinder Singh and others vs. State of Punjab and others 2007 (3) RCR (Criminal) 1052 and Ishwar Singh vs. State of Madhya Pradesh (2008) 15 Supreme Court Cases 667, conviction of the appellant Sukhdev Singh stands affirmed. However, his sentence stands reduced to the period already undergone. However, his sentence of fine under section 326/34, 324/34, 323 and 459 IPC stands affirmed.
Disposed of accordingly.
A copy of the judgment be sent to the trial Court for strict compliance.
( K.C. Puri ) 23.9.2013 Judge chugh Chugh Banita 2013.09.27 16:02 I attest to the accuracy and integrity of this document