Punjab-Haryana High Court
Sikander Singh And Others vs State Of Punjab on 23 April, 2009
Author: Sabina
Bench: Sabina
Crl. Revision 860 of 2002 {1}
In the High Court of Punjab and Haryana at Chandigarh
Crl. Revision 860 of 2002
Date of Decision:April 23, 2009
Sikander Singh and others
---Petitioner
versus
State of Punjab
---Respondent
Coram: HON'BLE MRS. JUSTICE SABINA
***
Present: Mr.H.R.Nohria,Advocate,
for the petitioners
Mr. Aman Deep Singh Rai, AAG,Punjab
***
SABINA, J.
Petitioners are convicted for offence under Section 323/325 of the Indian Penal Code(hereinafter referred to as "IPC") vide judgment dated 17.3.2001 passed by Judicial Magistrate Ist Class,Barnala along with their co-accused. Vide order of even date passed by learned Judicial Magistrate Ist Class, Barnala, petitioners were sentenced to undergo rigorous imprisonment for one year for offence under Section 323 IPC, sentenced to undergo rigorous imprisonment for two years for offence under Section 325 IPC and fine of Rs. 100/- each. Aggrieved by the same petitioners preferred an appeal. Vide judgment dated 27.4.2002, Additional Sessions Judge, Barnala, maintained the conviction of the petitioners and sentence Crl. Revision 860 of 2002 {2} awarded to Sikander Singh for offence punishable under Section 325 IPC and sentence awarded to Karam Singh and Gurcharan Singh for offence under Section 323 IPC were maintained and the sentence for the offence under Section 325 IPC was converted into one under Section 325 read with Section 34 IPC. Hence, the present revision petition.
Prosecution story, in brief, as noticed by the learned Appellate court in para 2 of its judgment is as under:-
"The facts, in brief, are that on 14.11.1999 at about 7/8-00 a.m. In the morning, Kulwant Singh had gone to answer the call of the nature in the nearby fields, in village Bihla. After answering the call of nature, he was returning and when reached near the house of Karnail Singh son of Kirpal Singh, Sikander Singh son of Kirpal Singh came out of the house of Karnail Singh and asked him (Kulwant Singh) as to why he was staring at him. He also threatened Kulwant Singh to pull his beard. In the meanwhile, Karnail Singh son of Kirpal Singh also reached there and raised exhortation, that Kulwant Singh should be caught hold and taught a lesson. Thereafter, sensing the bad intention of the aforesaid persons, Kulwant Singh left that place and reached near the metalled road. Sikander Singh accused also reached there. He was armed with gandasa. He gave a gandasa blow with reverse side, which struck against the right wrist of Kulwant Singh. Kulwant Singh raised alarm of "killed killed", whereupon, Karam Singh son of Kirpal Singh gave a blow with his kuharra with reverse side, which hit the right hand finger of Kulwant Singh. In the meanwhile, his Crl. Revision 860 of 2002 {3} brother Kuldeep Singh and wife of Kuldeep Singh namely Kamaljit Kaur, on hearing alarm, also reached the spot. They tried to get released Kulwant Singh, from the clutches of the accused. The accused, thereafter, entered their own house. Thereafter, Karnail Singh and Gurcharan Singh from their outer house started pelting bricks, which struck the left hand, arms etc. of Kulwant Singh. One brick struck against the head of wife of Kulwant Singh who also reached at the spot by that time. A number of people gathered there. The wife of Kulwant Singh was taken to her house. Thereafter, they were taken to Civil Hospital, Barnala, where they were medico legally examined."
Learned counsel for the petitioners has submitted that the petitioners were innocent and had been falsely involved in this case. There was unexplained delay of 27 hours in lodging of the FIR.
Learned State counsel on the other hand has submitted that prosecution case was duly established by ocular as well as medical evidence.
In the present case, occurrence had taken place on 14.11.1999 at 7/8-00 A.M. FIR was registered on 15.11.1999 at about 6.10 p.m. The delay has however been duly explained by the prosecution as the injured were immediately rushed to the hospital after the occurrence and thereafter information was given by hospital authorities to the police. On receipt of information police officials reached the hospital and recorded the statements of the injured after they were declared fit to make statements. Injured Kulwant Singh, when appeared in the witness box as PW-1 has Crl. Revision 860 of 2002 {4} deposed that on the date of occurrence Sikander Singh armed with gandasa, Karam Singh armed with Kuharra attacked him. Sikander Singh gave a gandasa blow from reverse side on his right wrist. Karam Singh gave a kuharra blow from the reverse side on his right hand. In the meantime his wife and sister-in-law reached the spot. Karnail Singh and Gurcharan Singh threw bricks on them. One brick struck against the head of his wife. Thereafter assailants ran away from the spot with their respective weapons. Statement of complainant Kulwant Singh is duly corroborated by his wife Jaswinder Kaur. Ocular version is duly corroborated by medical version. Complainant-Kulwant Singh had suffered three injuries on his right knee. Injuries on the index finger and thumb of right hand were opined to be simple in nature whereas the injury on the right wrist joint was opined to be grievous in nature as a fracture was found on lower end of right radius. No fracture was found on the person of Jaswinder Kaur. Thus, the prosecution had been successful in proving its case by leading cogent , convincing, oral as well as medical evidence.
Accordingly, the conviction of the petitioner under Sections 323/325 is maintained. However, keeping in view the nature of injuries inflicted by the petitioners and the fact that the occurrence relates to the year 1999, their sentence qua imprisonment is liable to be reduced. Petitioners Gurcharan Singh and Karam Singh had inflicted simple injuries on the person of the injured. Hence sentence qua them is reduced to already undergone by them. So far as petitioner-Sikander Singh is concerned, he has inflicted grievous injury on the person of injured Kulwant Singh. His sentence qua imprisonment is reduced to rigorous imprisonment for six months.
Crl. Revision 860 of 2002 {5} With the above modifications, petition stands disposed of .
(SABINA) JUDGE April 23, 2009 PARAMJIT