Punjab-Haryana High Court
Surender Singh & Ors vs State Of Haryana on 14 March, 2011
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
Crl. Appeal No.945-SB of 2003 -: 1 :-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
Crl. Appeal No.945-SB of 2003
Date of decision: March 14, 2011.
Surender Singh & Ors.
...Appellant(s)
v.
State of Haryana
...Respondent(s)
CORAM:
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Shri Munish Gupta, Advocate, for the appellant(s).
Shri Anoop Sharma, Assistant Advocate General, Haryana
for the respondent.
Kanwaljit Singh Ahluwalia, J. (Oral):
Four appellants, namely, Surender Singh, Gurmeet Singh, Pirthi Pal Singh and Amarjit Singh, along with Tilak Raj @ Tili who died during trial, were sent for trial by Police Station City Panipat in case FIR No.129 dated 7.2.1998, under Sections 148, 323, 324, 325, 326, 450, 506 read with Section 149 IPC. The present appellants have been held guilty of offences under Sections 148, 323, 324, 325, 326, 450, 506 read with Section 149 IPC vide the impugned judgment dated 5.5.2003. Vide separate order of even date, the appellants have been sentenced as under:-
"The convicts are sentenced to undergo RI for a period of 5 years and to pay a fine of Rs.1,000/- under Section 326 IPC. They are also sentenced to undergo RI for a period of 3 years Crl. Appeal No.945-SB of 2003 -: 2 :- under Section 325 IPC and to pay a fine of Rs.500/- each. They are also sentenced to undergo RI for a period of 2 years under Section 324 IPC. They are also sentenced to undergo RI for a period of 1 year under Section 323 IPC. They are also sentenced to undergo RI for a period of 4 years under Section 450 IPC and to pay a fine of Rs.500/- each. They are also sentenced to undergo RI for a period of 6 months for the commission of offence punishable under Section 506 IPC. They are also sentenced to undergo RI for a period of 5 months under Section 148 IPC. In default of payment of fine, convicts shall further undergo RI for a period of 3 months. However, all the sentences shall run concurrently."
Harbhajan Singh PW8 lodged report Ex.PF. He stated that he is resident of Ram Nagar, Tehsil Camp Panipat and was doing agricultural work at Noorwala. Amarjit Singh and Tili used to sell liquor in the street where the house of the complainant is situated. Complainant and his wife Sukhwinder Kaur asked these boys not to sell liquor in front of their house. Two days before the occurrence, complainant Harbhajan Singh made the accused to run away from the street. While going, the accused threatened that they would see the complainant. On 6.2.1998 at about 10 p.m., complainant Harbhajan Singh was coming from village Urlana to his house. In the street, he found Gurmeet Singh Pirthi Singh and Surender Singh armed with sword, gandasa and lathi. Amarjit Singh and Tili were armed with iron rod and lathi respectively. When the complainant reached near the door of his house and his wife opened the door of the house, all the accused trespassed into his house; they raised lalkara and opened attack with their Crl. Appeal No.945-SB of 2003 -: 3 :- respective weapons. All the accused caused injuries to Sukhwinder Kaur, wife of the complainant. On the basis of statement Ex.PF, formal FIR Ex.PE was registered. The case after investigation was committed and the appellants along with Tilak Raj @ Tili were charged for offence under Sections 323 read with Section 149, 324 read with 149, 325 read with 149 and 326 read with 149 IPC. They were also charged for offence under Section 450 IPC. All the accused pleaded not guilty and claimed trial.
In the present case, Harbhajan Singh PW8 and Sukhwinder Kaur PW9 are eye witnesses of the occurrence being injured. Their presence at the spot is stamped. It has come in evidence that Harbhajan Singh was medico-legally examined on 8.2.1998 and he suffered the following injuries:-
1. An incised wound 3.5 cm x 1 cm x 1 cm on left side of forehead with spindle shape, clean cut margins and fresh bleeding. The wound was 3 cm above left eye brow.
2. An incised wound size 2.5 cm x .8 cm x .6 cm on left side of scalp, 4 cm behind 1.5 cm lateral to midline. Wound was spindle shape with clean cut margins and fresh bleeding.
3. A lacerated wound size 1.5 cm x .5 cm x .5 cm on the left side of scalp 3 cm behind injury No.2 and 3 cm lateral to midline, fresh bleeding was present and margins were irregular.
4. A lacerated wound size 1 cm x .2 cm x .3 cm on the right side of forehead, 1 cm above right eye brow. Fresh bleeding and irregular margins were present.
5. A lacerated wound size 2 cm x .2 cm x .2 cm on the right Crl. Appeal No.945-SB of 2003 -: 4 :- side of forehead, 1 cm above injury No.4, margins were irregular, fresh bleeding and tenderness was present.
6. An incised wound with size 5 cm x 2 cm bone deep on back of left elbow. The wound was spindle shaped with clean cut margins and fresh bleeding.
7. A lacerated wound size 3 cm x 1 cm x 1 cm on lateral aspect of left elbow. Margins were irregular and fresh bleeding was present.
8. A red contusion 7 x 4 cm on left shoulder with tenderness.
9. An incised wound size 1.2 cm x .4 cm x .3 cm on the dorsal aspect of left forearm, middle one third region, fresh bleeding was present. Wound was in spindle shape and margins were clean cut.
10. An abrasion size 2 cm x .5 cm on dorsal aspect of left forearm, upper one third region, fresh ooze of blood was present.
11. A red contusion size 3 x 2 cm on left knee, tenderness was present.
12. An abrasion size 1 x .5 cm on lateral tibial tuberosity of left lower leg was present. Freshly clotted blood was present.
13. The abrasions size .5 x 4 cm, .6 x .4 cm on right lower leg, upper one third region, frontal aspect with fresh clotted blood.
14. An incised wound with size 1 cm x .2 cm x .2 cm was present on frontal aspect of right ring finger. Proximal part with clean cut margins, spindle shape with freshly clotted Crl. Appeal No.945-SB of 2003 -: 5 :- blood.
15. Patient complained of pain on both glutal region but there was no external mark of any injury was present.
16. Patient complained of pain on front of chest, lower part, there was no external mark of any injury. X-ays were advised for injuries no.1, 2, 3, 5, 6, 7, 8, 9, 11 and 16.
As per the radiologist, there was fracture of left ulna and left patela.
Sukhwinder Kaur was also examined by PW1 Dr. S.K. Gupta who found following 12 injuries on her person:-
1. A lacerated wound 1.2 cm x .3 cm, .3 cm on left side of scalp 6 cm behind anterior hair line and 3 cm lateral to midline, fresh bleeding was present.
2. A red contusion 3 x 2 cm on left side of scalp 3 cm above left pinna.
3. A red contusion 14 x 4 cm on dorsal lateral aspect of left upper arm and elbow, tenderness was present.
4. A red contusion on back of left forearm, upper half region size 9 x 3 cm, tenderness was present.
5. A red contusion on back of right side of chest, lower part size 3 cm x 1.5 cm.
6. A red contusion on back of right side of chest, upper part size 2 x 1 cm.
7. A red contusion on right side of back of abdomen, lower part size 7 x 1 cm.
8. Two abrasions of size 1 x 1 cm, 1 x .8 cm on back of chest, Crl. Appeal No.945-SB of 2003 -: 6 :- freshly clotted blood was present.
9. A contusion abrasion with freshly clotted blood present on front of right lower leg, lower one third region, size 3 x 2 cm.
10. A lacerated wound on left side of front of chest, size .8 x .3 cm x .4 cm. Freshly clotted blood and tenderness was present.
11. A red contusion was present below right eye, size was 1.5 cm x 1 cm, tenderness was present.
12. A red contusion was present on back of right hand, size was 4 x 1 cm.
Shri Munish Gupta, Counsel appearing for the appellants, has very fairly stated that he will not be in a position to assail the testimony of Harbhajan Singh PW8 and Sukhwinder Kaur PW9 especially when medical evidence proved that at the relevant time, they had received the injuries. This Court cannot ignore the fact that Harbhajan Singh and Sukhwinder Kaur had received 28 injuries, out of which two injuries of Harbhajan Singh were grievous in nature. Counsel for the appellants has stated that if the injuries suffered by Harbhajan Singh and Sukhwinder Kaur minutely looked into, then it is evident that grievous injuries have been suffered by Harbhajan Singh on non-vital parts of the body. Counsel has further submitted that Sukhwinder Kaur had suffered mostly contusions and abrasions and that too on non-vital parts of the body. It is further contended that in the present case, occurrence pertains to February 1998 and a period of 13 years has elapsed and the appellants are in the corridors of the Courts.
Counsel for the appellants has further stated that in the statement under Section 313 Cr.P.C. recorded by the trial court, age of the Crl. Appeal No.945-SB of 2003 -: 7 :- appellants Surender Singh, Prithi Pal Singh, Gurmit Singh and Amarjit Singh has been recorded as 40, 52, 31 and 22 years respectively. Counsel states that Pirthi Pal Singh has now become a senior citizen. It is stated that Pirthi Pal Singh suffered a paralytic attack and is now totally bed ridden with 70% permanent disability. Counsel further submits that the appellants are ready to compensate the injured in monetary terms. It is submitted that in case the appellants are sent behind the bars, it will disturb the prevailing peace and in case some compensation is provided to the injured, it may provide solace and succor to them. Reliance has been placed on the affidavits of custody period issued by the Deputy Superintendent, Central Jail, Ambala. These affidavits are taken on record as Annexures A-1 to A-
4. As per these affidavits, appellants, namely, Surender Singh has undergone 1 year 5 months and 17 days; Gurmit Singh 1 year, 2 months and 28 days; Pirthi Pal Singh 1 year 6 months and 29 days; and Amarjit Singh 1 year 7 moths and 3 days actual sentence.
I have given due consideration to the above submissions made. I find merit in these submissions. This Court is of the view that Harbhajan Singh had suffered fracture of ulna. This injury is between elbow and wrist on the fore-arm. Another fracture suffered by Harbhajan Singh is of patela (knee cap). Taking the totality of the circumstances into consideration, this Court is of the view that ends of justice will be fully met in case heavy compensation is awarded in favour of the injured in lieu of the remaining sentence to be undergone by the appellants. Thus, sentence of the appellants is reduced to that of already undergone subject to payment of Rs.50,000/- each. The total amount of Rs.2.00 lacs, if realised, shall be paid as compensation to the injured Harbhajan Singh and Sukhwinder Kaur. In Crl. Appeal No.945-SB of 2003 -: 8 :- case the appellants fail to deposit the amount of fine as compensation, they shall undergo sentence of 3 years RI. The amount of fine be deposited in the trial court within three months from the date of receipt of a certified copy of this order.
Subject to the above modification in sentence, the present appeal is dismissed.
[Kanwaljit Singh Ahluwalia] March 14, 2011. Judge kadyan