Allahabad High Court
Dalveer And Others vs State on 23 August, 2022
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 89 Case :- CRIMINAL APPEAL No. - 1603 of 1992 Appellant :- Dalveer And Others Respondent :- State Counsel for Appellant :- Sri Brijendra Kumar,Prateek Kumar Counsel for Respondent :- A.G.A. Hon'ble Krishan Pahal,J.
1. Heard Sri Prateek Kumar, learned counsel for the appellants, Sri Gaurav Pundeer, learned counsel for the informant and Sri Vaibhav Anand, learned A.G.A. for the State.
2. As per office report dated 22.08.2022, the appellant no.5- Lal Singh and appellant no.7- Netra Pal Singh have expired. The appeal in respect of the said appellants is abated. The appeal shall proceed regarding appellant nos.1, 2, 3, 4, and 6.
3. This criminal appeal under Section 374 (2) Cr.P.C. has been filed by the appellants Dalveer, Mahavir, Lakhpat Singh, Ram Kishore and Vijay Pal Singh against the impugned judgment and order dated 20.08.1992 passed by VIth Additional District & Sessions Judge, Aligarh, in Sessions Trial No.256 of 1990.
4. The trial court vide order dated 20.08.1992 had convicted the appellants- Dalveer, Lal Singh, Ram Kishore, Mahaveer, Vijay Pal and Netrapal to one month rigorous imprisonment under Section 147 IPC and three years rigorous imprisonment and Rs.500/- fine each under Sections 308/149 IPC. The appellant no.3- Lakhpat Singh was sentenced to three month rigorous imprisonment under Section 148 IPC, six month rigorous imprisonment under Section 324 IPC and three years rigorous imprisonment alongwith fine of Rs.500/- under Sections 308/149 IPC.
PROSECUTION STORY
5. On 22.03.1987 at about 7:00 pm, in village Rajmargpur, P.S. Atrauli, District Aligarh, the appellants had formed an unlawful assembly, armed with weapons, with an intention to assault and to take illegal possession of the plot of the informant and his two brothers, namely, Lakhan and Ranveer. The appellants are stated to have thrown pepper in the eyes of three brothers and later on caused grievous injuries to them.
6. The court had framed charge under Sections 147, 148, 324/149, 308/149 IPC against all the appellants and a charge under Section 148 IPC was framed against Lakhpat.
7. During trial, seven prosecution witnesses were examined by the prosecution, namely, PW-1 Lokman (informant), PW-2 Lakhan (injured), PW-3 Ranveer (injured), PW-4 Dr. A.K. Gautam (Medical Officer), PW-5 S.I. K.P. Singh (Investigating Officer), PW-6 Dr. P.K. Kamlesh (Medical Officer) and PW-7 Shyambabu and proved the complaint as Ex.K-1. Ex. K-2 is radiologist report, Ex. K-3 is site plan, Ex. K-4 is memo blood stain sand, Ex. K-6, 7 and 8 are the medical reports of the injured persons, Ex. K-9 is the FIR and Ex. K-10 is the G.D. of the institution of the case.
RIVAL CONTENTIONS
8. Learned counsel for the appellants has stated that the injured witness PW-3 Ranveer has not supported the prosecution story and has resiled from his earlier statement recorded by the Investigating Officer. He was declared hostile by the public prosecutor and was cross-examined.
9. Learned counsel for the appellants has further stated that the appellants are senior citizens and much water has flown down the Thames and a compromise has been entered into between the parties. He has also referred to a short counter affidavit filed on behalf of the informant and injured persons by advocate Gaurav Pundeer on 25.09.2018 indicating that a compromise has been entered into between the parties and the matter has been settled once for all. They are living peacefully in the locality and want to do so in future also. Learned counsel for the appellants has stated that all the accused appellants had been incarcerated in jail during trial. The injuries sustained by the injured persons are simple in nature and were not on vital organs.
10. Learned counsel for the appellants has placed much reliance on the judgment of Apex Court passed in case of Narinder Singh and Ors. vs. State of Punjab & Anr.1, wherein the compromise was arrived between the parties in a case under Section 307 IPC and in view of the said compromise, the appellants may be acquitted in the case.
11. Per contra, learned A.G.A. has vehemently opposed the criminal appeal on the ground that as per Section 134 of Evidence Act, it is the quality of the witnesses and not the quantity that matters. The statement of the injured person shall be enough to convict the appellants. The judgment and order passed by the trial court does not suffers from any ambiguity or illegality, although he has fairly conceded the fact that the compromise has been entered into between the parties and the appellants have been amply incarcerated in jail. The appeal may be partly allowed regarding the period already undergone by the appellants.
CONCLUSION
12. In this matter, if the entire fact and circumstances of the case are taken into consideration especially that PW-3 Ranveer was declared hostile by the public prosecutor and also that a compromise has been entered into between the parties. The appellants have been living with the stigma of a convicted persons since the year 1992. Thus, in the facts and circumstances of the case, this Court is of a view that if the sentence imposed is reduced/modified to the extent of the imprisonment already undergone it shall meet the ends of justice. The criminal appeal is partly allowed modifying the sentence imposed upon the appellants as above.
13. Accordingly, the criminal appeal is partly allowed. The conviction of appellants- Dalveer, Mahavir, Lakhpat Singh, Ram Kishore, Vijay Pal Singh, is upheld under Section 147 IPC and conviction of appellant no.3- Lakhpat Singh is also upheld under Section 147 IPC and under Sections 148, 324, 308/149 IPC., but the substantive sentences imposed upon the appellants by the trial court shall stand modified/reduced to the period already undergone by them. The order with regard to fine is not modified. It shall be deposited as per law.
14. Let a copy of this judgment alongwith the trial court record be sent to the court concerned for necessary compliance.
Order Date :- 23.08.2022 Ravi Kant Krishan Pahal, J.