Punjab-Haryana High Court
Ajay Kumar And Ors vs State Of Haryana on 15 September, 2015
CRM-25103-2014 IN CRA-S-445-SB-2014 1
AJAY KUMAR & ORS. VS. STATE OF HARYANA
Present: Mr.Manjeet Singh, Advocate
for the applicant-appellant No.2 (Vikram).
Mr.Raj Kumar Makkad, DAG, Haryana.
Mr.S.S.Salar, Advocate
for the complainant.
***
Heard learned counsel for the parties.
Criminal miscellaneous application has been filed seeking suspension of sentence of imprisonment of Vikram (applicant-appellant No.2) during pendency of the appeal.
The FIR in the case has been registered on the statement of Sohan Lal, brother of Duni Chand (deceased in the case). According to Sohan Lal (complainant), his brother Duni Chand had retired from the Forest Department, Haryana as Deputy Ranger. They had built a temple in their land in the name of 'Jawala Mata' in village Chhoi which is one kilometer away from Morni. On the date of incident i.e. 16.09.2012 at about 5.00 p.m. when the complainant and his brother Duni Chand (deceased) were offering prayers there, then four young persons came to the temple in a blue colour 'Esteem' car. They got down from the car and were carrying liquor and water bottles with them. They started drinking after sitting on the stairs of the temple. When the complainant and his brother saw them consuming liquor on the stairs of the temple, then his brother Duni Chand came down stairs and requested them not to have liquor in the temple. The complainant was witnessing the happenings from the temple. All the boys who were drinking stood up and started quarreling with the brother of the DAVINDER KUMAR 2015.09.16 12:46 I attest to the accuracy and integrity of this document CRM-25103-2014 IN CRA-S-445-SB-2014 2 complainant. They took Duni Chand, brother of the complainant, to the road and one of them brought out an iron rod from the car and assaulted his brother with it on the back of his head as a result of which his brother fell on the road and blood started oozing out. The complainant then came down stairs and started shouting 'bachao-bacho'. Out of four boys, two held the brother of the complainant from his hand while the third caught him by his legs. One of the boys assaulted his brother with the iron rod on his head. Hearing the noise, Mohan Lal and others came at the spot but the assailants on seeing the others coming towards them, sped away in their car from Morni to Panchkula.
The fatal injury on the head of Duni Chand deceased is attributed to Vikram (applicant-appellant No.2) as has been deposed by Sohan Lal PW2.
According to the affidavit dated 14/16.02.2015 of Sh. Rai Sahab, Officiating Superintendent Central Jail, Ambala, the applicant- appellant No.2 - Vikram has as on 14.2.2015 undergone actual imprisonment of two years, four months and twenty five days out of sentence of ten years that has been imposed on him by the learned trial Court for the offence under Section 304 Part II IPC. By now he has undergone another seven months and has undergone almost three years of imprisonment. He is involved in two other cases. He has been acquitted in one case for the offences under Sections 323, 325, 506 and 120-B IPC registered at Police Station Sector 11, Chandigarh. In the other case for the offences under Section 120-B, Section 452 read with Section 120-B, Sections 365, 427 read with Section 120-B and Section 506 read with DAVINDER KUMAR 2015.09.16 12:46 I attest to the accuracy and integrity of this document CRM-25103-2014 IN CRA-S-445-SB-2014 3 Section 120-B registered at P.S. Sector 39, Chandigarh he has been convicted by the learned Additional Sessions Judge, Chandigarh on 12.8.2014 to undergo rigorous imprisonment for three years, besides, pay a fine of Rs.2500/- and in default thereof undergo rigorous imprisonment for four months. He has paid the fine and has been released on bail vide order dated 25.9.2014 passed by the learned Additional Sessions Judge, Chandigarh.
The appeal in the present case is not likely to mature for hearing in the near future. There are arguable points in the appeal which would require consideration at the time of final hearing of the appeal. Keeping in view the period of imprisonment undergone by the applicant- appellant No.2 out of the sentence that has been imposed, it would be just and expedient in the facts and circumstances to suspend his sentence of imprisonment, during pendency of the appeal.
Accordingly, the criminal miscellaneous application is allowed and the sentence of imprisonment of Vikram (applicant-appellant) 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, Panchkula.
(S.S.SARON) JUDGE (REKHA MITTAL) JUDGE September 15, 2015.
Davinder Kumar DAVINDER KUMAR 2015.09.16 12:46 I attest to the accuracy and integrity of this document