Punjab-Haryana High Court
Mangal Singh vs State Of Punjab on 12 May, 2011
Author: Jora Singh
Bench: Jora Singh
CRA-S-2362-SB of 2008 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRA-S-2362-SB of 2008
Date of decision: 12.05.2011
Mangal Singh
........ Appellant
Versus
State of Punjab
........ Respondent
CORAM: HON'BLE MR.JUSTICE JORA SINGH
PRESENT: Mr. LM Gulati, Advocate, for the appellant.
Mr. RPS Sidhu, AAG, Punjab.
JORA SINGH, J.
Mangal Singh-appellant, preferred this appeal to challenge the judgment of conviction dated 5.11.2008 and order of sentence dated 6.11.2008, rendered by the learned Additional Sessions Judge, Amritsar, in Sessions Case No. 49 of 29.10.2008, arising out of FIR No. 152 dated 5.7.2004, registered under Sections 304/341/506 of the Indian Penal Code at Police Station Sultanwind, Amritsar.
By the said judgment, he was convicted under Section 304, Part-I IPC and sentenced to undergo rigorous imprisonment for a period of 7 years and to pay a fine of ` 2500/- and in default of payment of fine to further undergo rigorous imprisonment for a period of one month.
Prosecution story, in brief, is that Satnam Singh- complainant, along with his father Narain Singh on 24.6.2004, at about 4.00 p.m. were returning to their village with calf. When they were CRA-S-2362-SB of 2008 -2- present near the Baithak of Makhan Singh, then sighted Mangal Singh and his son Harpreet Singh @ Happy, on a tractor trolley, while going towards the side of Amritsar. Calf was in the hand of his father (complainant) Narain Singh. Happy was driving the tractor. Calf became frightened and fell down in front of the tractor. After alighting from the tractor, Happy and Mangal Singh, started abusing them by saying that intentionally calf was thrown in front of the tractor-trolley. Happy had caught hold his father Narain Singh. Specs of Narain Singh, were damaged. Narain Singh, was thrown on the ground by Mangal Singh. While lying on the ground, Mangal Singh, gave kick/fist blows hitting in the abdomen and testicles of Narain Singh. Happy and Mangal Singh, gave beatings to Narain Singh. Raula was raised and on hearing raula Balkar Singh, came at the spot and had witnessed the occurrence. After committing the crime, accused had fled away from the spot with their tractor-trolley. While leaving the place of occurrence they had threatened the complainant party not to lodge report with the police otherwise they are to be eliminated. Next day Narain Singh, was got admitted in Civil Hospital, Ajnala, where he was medico-legally examined. In view of the statement of complainant, initially FIR was recorded under Sections 323/341/506 IPC and later on as per report of the doctor offence punishable under Section 325 IPC, was added. Ultimately, death of Narain Singh, was on 7.8.2004, then offence punishable under Section 304 IPC was also added. Accused were arrested and after completion of investigation, challan was presented in Court.
Accused was charge-sheeted under Sections 304 Part-I of CRA-S-2362-SB of 2008 -3- the Indian Penal Code, to which he pleaded not guilty and claimed trial.
Co-accused namely Harpreet Singh @ Happy, was juvenile. Separate challan was presented before Juvenile Justice Board, Amritsar.
In order to substantiate its case, prosecution examined number of witnesses.
PW-1 Dr. Shilekh Mittal, stated that on 8.8.2004, he had conducted post-mortem examination on the dead body of Narain Singh and found following injuries on his person:
"1. A partially healed wound 8 x 3 cm present on the front of right side of abdomen 1.7 cm lateral towards right from umbilicus. Pus points were present. (Operation wounds as per hospital record).
2. A partially healed infected wound 2.5 x 1 cm was present on the right side of the front of abdomen 3 cm below injury No. 1 pus points were present (operation wounds as per the hospital file).
3. A partially healed bed sore 2 x 2 cm present was on the front of the right side of abdomen 1.7 cm medial to anterior superior iliac spine."
Cause of death was septicemia as a result of blunt trauma of abdomen which was sufficient to cause death in the ordinary course of nature.
PW-2 Satnam Singh, is the complainant and he has reiterated his stand before the police.
CRA-S-2362-SB of 2008 -4-
PW-3 Balwant Singh, is the eye-witness and has supported the version of Satnam Singh, by saying that in his presence Mangal Singh and his son Harpreet Singh @ Happy, gave fist/kick blows to Narain Singh, hitting in his abdomen and other parts of the body. Narain Singh was shifted to Civil Hospital, Mannawala and from Mannawala he was referred to Guru Nanak Dev Hospital, Amritsar.
PW-4 ASI Nazar Singh, stated that in connection with the investigation of this case he had gone to Guru Nanak Dev Hospital, Amritsar. Application was moved requesting the doctor to opine as to whether injuried was fit to make statement or not. Narain Singh, was declared fit to make statement then he had recorded the statement of Narain Singh.
PW-5 Dr. Gagandeep Singh, brought the bed head ticket of Narain Singh. On 8.7.2004, ASI Nazar Singh, had moved an application requesting him to opine as to whether injured was fit to make statement or not. He had declared Narain Singh, fit to make statement. Application is Ex. PD and his opinion is Ex. PD/1.
PW-6 Dr. Gurpreet Singh Sodi, stated that on 5.7.2004, a medical team was constituted headed by Dr. Surinder Gupta, to examine Narain Singh. Patient was operated upon. Ex. PE is the bed head ticket.
PW-7 Dr. Vikas Bhandari, stated that on 25.6.2004, he had medico-legally examined Narain Singh. No external injury was noticed but patient was complaining of pain in the abdomen and testicles. Condition of the patient became serious then he was referred to Guru Nanak Dev Hospital, Amritsar.
CRA-S-2362-SB of 2008 -5-
PW-8 HC Harjit Singh, stated that dead body was handed over to him for post-mortem examination. After post-mortem examination dead body was handed over to the relations of the deceased for cremation. Clothes of the deceased were handed over to him by the medical officer and the same were produced before the Investigating Officer. Clothes were made into sealed parcel and the same was taken into police possession vide memo attested by the witnesses.
PW-9 ASI Gurdev Singh, stated that he had recorded the statement of Satnam Singh, Ex. PC, while present near the bus stand of Dabujri. After making endorsement Ex. PW-9/A, statement was sent to the police station on the basis of which formal FIR was recorded.
PW-10 ASI Nazar Singh, had also partly investigated the case.
After close of the prosecution evidence, statement of accused under Section 313 Cr.P.C. was recorded. Accused denied all the allegations of the prosecution and pleaded to be innocent.
Defence version of the accused was that case is false. Opportunity was given to lead defence but no defence was led.
After hearing learned Additional Public Prosecutor for the State, learned defence counsel and from the perusal of evidence available on the file, appellant was convicted and sentenced as stated aforesaid.
I have heard learned counsel for the appellant, learned State counsel and carefully gone through the evidence available on the CRA-S-2362-SB of 2008 -6- file.
Learned defence counsel for the appellant argued that before the present occurrence appellant party was not inimical towards the complainant party. According to the prosecution story, appellant was going towards Amritsar side on a tractor-trolley. Complainant party was with a calf. On seeing the tractor-trolley, calf fell down on the ground. After alighting from the tractor appellant along with his son gave kick/fist blows to Narain Singh (deceased). Occurrence was on 24.6.2004, whereas FIR was registered on 5.7.2004. According to the story, only kick/fist blows were given. Appellant had no intention to murder. When kick/fist blows were given then appellant had no knowledge that the same would prove fatal. Death was on 7.8.2004. No external injury was noticed by the doctor at the time of examination but cause of death was due to septicemia as a result of blunt trauma of abdomen. Satnam Singh-complainant is the son of the deceased. Satnam Singh, stated that fist/kick blows were given to his father Narain Singh (deceased). After the occurrence on 24.6.2004, on the next day injured was shifted to hospital and he was medico-legally examined. Balwant Singh, eye-witness also stated that appellant along with his son gave kick/fist blows to Narain Singh, hitting in his abdomen and private parts. Fist/kick blows were given by the appellant party because they were suspecting that calf was intentionally brought before the tractor. There was no previous enmity amongst the parties. After 20 days Narain Singh, came back to his house. PW-5 Dr. Gagandeep Singh, who had brought the bed head ticket of Narain Singh, admitted that patient was discharged on 22.7.2004. PW-6 Dr. Gurpreet Singh, CRA-S-2362-SB of 2008 -7- admitted that possibility of injury noticed by fall on blunt object or in a road accident cannot be ruled out. PW-7 Dr. Vikas Bhandari, had medico-legally examined the patient for the first time on 25.6.2004 and at that time no external injury was noticed. Patient had only complained of pain in the abdomen or in the private parts. Patient was discharged on 1.7.2004. Argued that if prosecution story is taken to be correct one then appellant is liable for punishment under Section 304 Part II, IPC and not under Section 304 Part-I. Appellant has already undergone 3 years 9 months and 11 days out of the actual sentence. Requested to take lenient view.
Learned State counsel argued that appellant gave fist/kick blows to the deceased. Death was not natural. Doctor did not state a word that cause of death was not due to injuries in the abdomen or private parts. Occurrence was witnessed by Balwant Singh, who was not inimical towards the appellant. Evidence on file was rightly scrutinized by the trial Court.
According to prosecution story, appellant and his son Harpreet Singh @ Happy, gave fist/kick blows to the deceased on 24.6.2004. Death was on 7.8.2004. Motive to cause injuries was that calf of the complainant party fell down in front of the tractor trolley. Due to this reason appellant gave fist/kick blows whereas defence version of the appellant was that due to party faction, case was filed falsely.
Satnam Singh and Balwinder Singh, appeared in Court and stated that on 24.6.2004, appellant and his son gave fist/kick blows to Narain Singh. Complainant party was carrying calf and calf fell down in front of the tractor-trolley on the road. Appellant suspected that CRA-S-2362-SB of 2008 -8- intentionally, calf was thrown in front of the tractor-trolley, so, appellant and his son had caused injuries to the deceased. Complainant and the eye-witness stated that before the present occurrence there was no dispute with the appellant party. After the occurrence, during night time, Narain Singh, was not shifted to the hospital. On the next day i.e. on 25.6.2004, Narain Singh, was admitted to the hospital and he was medico-legally examined but no external injury was noticed. Narain Singh, was referred to Guru Nanak Dev Hospital, Amritsar, where he was lying admitted and operated upon. Ultimately, death of Narain Singh, was in the hospital. In defence, no evidence that there was party faction in the village but one thing is clear that there was no dispute amongst the parties then complainant party was not expected to name the appellant falsely. Without cogent and convincing evidence there is no reason to discard the testimony of the complainant and the eye- witness.
According to evidence on file, appellant gave kick/fist blows in the abdomen or private parts of the deceased (Narain Singh). At the time of medico-legal examination, no external injury was noticed but deceased complained of pain in the stomach and private parts. While giving fist/kick blows appellant had no intention to murder the deceased but intention of the appellant was to cause injuries because he was suspecting that calf was thrown in front of the tractor-trolley intentionally. While giving fist/kick blows, appellant had no knowledge that fist/kick blows would prove fatal, although injuries were noticed on the person of deceased as per post-mortem report. When the appellant had no knowledge that fist/kick blows would prove fatal then appellant is CRA-S-2362-SB of 2008 -9- liable for punishment under Section 304 Part-II IPC and not under Section 304 Part-I IPC. When the appellant has committed the offence of culpable homicide not amounting to murder then offence is converted from Section 304 Part-I to Section 304 Part-II IPC.
At the time of occurrence, appellant was 40 years old. He is the first offender and a poor farmer. Appellant has already undergone 3 years 9 months and 11 days out of the actual sentence. Ends of justice would be fully met if lenient view is taken otherwise appellant would become hardcore criminal if again sent to jail to undergo imprisonment as ordered by the trial Court.
In view of all discussed above, I direct the appellant to undergo imprisonment already undergone (3 years 9 months and 11 days) under Section 304 Part-II IPC. Appellant is further directed to deposit ` 20,000/- more as fine within two months before the trial Court, payable to the complainant as compensation.
For the reasons recorded above, appeal without merits is dismissed, with modification on the point of conviction and sentence.
May 12, 2011 ( JORA SINGH ) rishu JUDGE