Punjab-Haryana High Court
Kuldip Singh & Ors vs State Of Punjab on 13 July, 2015
CRM-14186-2015 in/and
CRM-11242-2015 in
CRA No.D-1399-DB of 2013 -1-
Kuldip Singh & Ors. v. State of Punjab
Present: Mrs. Baljit Mann, Advocate
for applicant-appellant No.10-Ravinder @ Roky.
Mr. Arshvinder Singh, Addl. A.G., Punjab.
***
CRM-14186-2015 Notice of criminal miscellaneous application to A.G., Punjab.
On the asking of the Court, Mr. Arshvinder Singh, Addl. A.G., Punjab accepts notice on behalf of the State.
Learned counsel for the applicant-appellant No.10- Arvinder Singh @ Roki submits that Arvinder Singh @ Roki (applicant-appellant No.10) has been granted bail in case FIR No.72 dated 10.07.2013 registered at Police Station Purana Shalla for the offences punishable under Sections 307, 326, 324, 323, 341, 148 and 149 IPC and also in case FIR No.42 dated 07.08.2011 registered at Police Station Purana Shalla for the offences under Sections 307/ 326/34 IPC. The copies of the orders dated 09.04.2015 (Annexure A-1) and 05.06.2012 (Annexure A-2) have been attached.
It is submitted that Ravinder Singh @ Roki who has been granted bail in the said two cases, is the same SHARMA YOGESH 2015.07.15 12:11 I attest to the accuracy and authenticity of this document CRM-14186-2015 in/and CRM-11242-2015 in CRA No.D-1399-DB of 2013 -2- person as Arvinder Singh @ Roky who is applicant-appellant No.10 in the present case.
The criminal miscellaneous application is allowed and the orders dated 09.04.2015 (Annexure A-1) and 05.06.2012 (Annexure A-2) attached with the criminal miscellaneous application are taken on record subject to just exceptions.
Criminal miscellaneous application stands disposed of.
CRM-11242-2015 Learned counsel for the State has filed affidavit of Sh.Davinder Kumar Sidhu, Superintendent, Central Jail, Gurdaspur, mentioning the period of imprisonment undergone by the applicant-appellant No.10 Arvinder Singh @ Roki. The same is taken on record.
Heard learned counsel for the parties.
Criminal miscellaneous application has been filed seeking suspension of sentence of the applicant-appellant No.10 Arvinder Singh @ Roki during pendency of the appeal.
The FIR in the case has been registered on the statement of complainant Surjit Singh. SI/SHO Bachittar Singh along with other police officials was present on the SHARMA YOGESH 2015.07.15 12:11 I attest to the accuracy and authenticity of this document CRM-14186-2015 in/and CRM-11242-2015 in CRA No.D-1399-DB of 2013 -3- turning of Hardochanni Road at G.T. Road, Gurdaspur for patrolling. At that time, Surjit Singh complainant came and got his statement recorded. According to the complainant Surjit Singh, his son Sukhjinder Singh alias Happy (deceased in the case) as also his friends Manjit Singh and Jatinder Singh were coming on separate motorcycles from Village Gazikot to Village Dhariwal Khichian on the date of the incident i.e. 7.8.2002. Khazan Singh a cousin of Surjit Singh alias Happy was following them in a separate car. They reached near the house of Inderjit Singh in village Dhariwal Khichian at about 10.30 p.m. The complainant then noticed that Kuldeep Singh (appellant No.1) was armed with a 'kirpan', Daljit Singh alias Panta (appellant No.2) was armed with a 'kirpan', Sukha (appellant No.9) was armed with a 'datar', Paramjit Singh alias Pamma (appellant No.4) was armed with a 'kirch', Lakhbir Singh alias Lakha (appellant No.7) was armed with a 'datar', Kala (appellant No.8) was armed with a 'dang', Arvinder Singh @ Roki (applicant-appellant No.10) was armed with a 'dang', Tehna (appellant No.5) was armed with a 'datar', Paramjit Singh (appellant No.4) was armed with a 'dang'. Harjit Singh was armed with a 'kirpan', Jinda (appellant No.6) was armed with a 'kirpan' and Karnail Singh (appellant No.3) empty SHARMA YOGESH 2015.07.15 12:11 I attest to the accuracy and authenticity of this document CRM-14186-2015 in/and CRM-11242-2015 in CRA No.D-1399-DB of 2013 -4- handed were standing there. Karnail Singh (appellant No.3) raised a 'lalkara' exhorting the others to catch hold of the complainant side so that they do not escape and every days' dispute is ended. On hearing the 'lalkara', Kuldip Singh (appellant No.1) inflicted a 'kirpan' blow to Happy (deceased) on the back of his head. Daljit Singh (appellant No.2) inflicted a 'kirpan' blow to Happy (deceased) which hit his head on the left side. Happy then fell on the ground and while he lay on the ground Paramjit Singh (appellant No.4) inflicted a 'kirch' blow to Happy (deceased) which hit on his chest near the neck. Lakhbir Singh (appellant No.7) inflicted a 'datar' blow, which hit on his nose, chest and abdomen. Then, Kala (appellant No.8) inflicted a 'kirpan' blow from its reverse side which hit the right knee of Happy (deceased). Thereafter, Sukha son of Kuldeep Singh and Sukha (appellant No.9), Jinda (appellant No.6) and Arvinder Singh alias Roki (applicant-appellant No.10) inflicted blows with their respective weapons to Manjit Singh, Jatinder Singh and Gurpinder Singh. When they raised an alarm, all the accused fled away from the spot with their respective weapons. Then the complainant along with Khazan Singh took Happy in a car to Civil Hospital, Gurdaspur, where he succumbed to his injuries. The motive for the fight was that SHARMA YOGESH 2015.07.15 12:11 I attest to the accuracy and authenticity of this document CRM-14186-2015 in/and CRM-11242-2015 in CRA No.D-1399-DB of 2013 -5- there was a dispute regarding some amount between Lakhbir Singh (appellant No.7) resident of village Pahra and Inder Singh resident of Dhariwal Khichian but a compromise was effected with the help of respectable persons. However, due to this grievance the accused Lakhbir Singh (appellant No.7) etc. had caused injuries to the son of the complainant. The statement of the complainant Surjit Singh was sent through Head Constable Amrik Singh to the Police Station for lodging a FIR for the offences punishable under Sections 302, 324, 323, 148 and 149 IPC.
The role attributed to the applicant-appellant No.10 Arvinder Singh @ Roki has been mentioned by Manjit Singh-PW4, whose statement (Annexure A-2) is attached. According to Manjit Singh PW-4, the applicant-appellant No.10 Arvinder Singh @ Roki gave two 'dang' blows to him which hit on his right shoulder and on his chest.
Dr. Ramesh Mahajan-PW1 conducted medico- legal examination of Manjit Singh PW-4. Injury No.1 is regarding complain of pain over right shoulder. Movement over shoulder joint, it was mentioned, was painful and tender. No external injury mark was seen. Injury No.2 is regarding complain of pain on chest on right side. No external injury mark was seen.
SHARMA YOGESH 2015.07.15 12:11 I attest to the accuracy and authenticity of this document CRM-14186-2015 in/and CRM-11242-2015 in CRA No.D-1399-DB of 2013 -6- Injuries No.1 to 3 were kept under observation. Injuries No.4 and 5, it was mentioned, were simple in nature.
According to the affidavit that has been filed, the applicant-appellant has undergone actual imprisonment of one year, eight months and ten days as on 11.07.2015. It is also mentioned in the affidavit that Arvinder Singh alias Roki (applicant-appellant No.10) is involved in two other cases. However, he has been granted bail in the said cases vide orders dated 09.04.2011 (Annexure A-1) and 05.06.2012 (Annexure A-2).
The sentences of imprisonments of Sarabjit Singh alias Tehna (appellant No.5), Karnail Singh (appellant No.3) and Sukhwinder Singh alias Sukha (appellant No.9) have been suspended by this Court vide orders dated 6.1.2015, 30.1.2015 and 20.4.2015 respectively.
It may also be noticed that the applicant- appellant No.10-Arvinder Singh alias Roki was found innocent by the police during the investigation.
In the circumstances, the sentence of imprisonment of Arvinder Singh @ Roki (applicant-appellant No.10) who has not been attributed any injury on the person of the deceased namely Sukhwinder Singh @ Happy SHARMA YOGESH 2015.07.15 12:11 I attest to the accuracy and authenticity of this document CRM-14186-2015 in/and CRM-11242-2015 in CRA No.D-1399-DB of 2013 -7- is liable to be suspended.
Accordingly, the criminal miscellaneous application is allowed and the sentence of imprisonment of applicant-appellant No.10 Arvinder Singh @ Roki shall, during pendency of the appeal, remain suspended subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Gurdaspur.
( S.S. SARON )
JUDGE
13.07.2015 ( RAMENDRA JAIN )
'yogesh' JUDGE
SHARMA YOGESH
2015.07.15 12:11
I attest to the accuracy and
authenticity of this document