Himachal Pradesh High Court
Cr. A. No. 205/2008 vs State Of H.P on 29 July, 2024
Bench: Tarlok Singh Chauhan, Sushil Kukreja
2024:HHC:5955 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr. A. No. 205/2008 Reserved on: 23.7.2024 Decided on : 29.7.2024 .
Harmeet Singh .....Appellant
Versus
State of H.P. ....Respondent
Coram:
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge. The Hon'ble Mr. Justice Sushil Kukreja, Judge.
Whether approved for reporting?1No For the Appellants:
r toMr. V.S. Chauhan, Senior Advocate
with Mr. Rajul Chauhan, Advocate.
For the Respondent: Mr. Navlesh Verma & Ms. Sharmila
Patial, Addl. A.Gs.
____________________________________________________________________ Justice Tarlok Singh Chauhan, Judge The appellant/convict, Harmeet Singh, has filed the instant appeal against the judgment and order dated 10.4.2008 passed by the learned Additional Sessions Judge, Sirmaur, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.5000/- and in default of payment of fine to further undergo imprisonment for 1 year under Section 460 of the Indian Penal Code (for short, IPC); rigorous imprisonment for 1 year and to pay a fine of Rs.2000/- and in default of payment of fine to 1 Whether reporters of the local papers may be allowed to see the judgment? Yes.
::: Downloaded on - 30/07/2024 04:57:01 :::CIS 2further undergo imprisonment for 3 months under Section 353 IPC; rigorous imprisonment for 2 years and to pay a fine of .
Rs.5000/- and in default of payment of fine to further undergo imprisonment for 3 months under Section 225 IPC; rigorous imprisonment for 3 years and to pay a fine of Rs.5000/- and in default of payment of fine to further undergo imprisonment for 6 months under Section 333 IPC; and rigorous imprisonment for 3 years and to pay a fine of Rs.2000/- and in default of payment of fine to further undergo imprisonment for 2 months under Section 332 IPC read with Section 34 IPC. However, all the aforesaid substantive sentences were ordered to run concurrently.
2 As regards other co-accused, namely, Ashok Kumar, Kapil Sahani and Kunnal Kapoor, they were acquitted of the charges framed against them, whereas accused Harjeet Singh was convicted and sentenced to undergo imprisonment already undergone by him under Section 224 IPC.
3 Briefly stated, case of the prosecution, is that on 5- 2-2005 accused Harjeet Singh was produced before the learned Chief Judicial Magistrate, Nahan by PW21 Constable Virender Kumar along with Constable Sukh Dev Singh, from where he was remanded to judicial custody till 19-2-2005 vide order, ::: Downloaded on - 30/07/2024 04:57:01 :::CIS 3 Ext.PW20/B. However, said accused Harjeet Singh complained of pain as he was suffering from appendicitis problem and at .
12.00 noon he was handed over in the jail by constable PW21 Virender Kumar, where he was examined by PW26 Dr. S. P. Vermani, the then Jail Medical Officer in Model Central Jail, Nahan, who at about 12.15 P. M. prescribed some medicines to accused Harjeet Singh. However, at about 4.30 P.M. accused Harjeet Singh again approached Dr. S.P. Vermani and disclosed that he had got no relief with the medicines prescribed by him, at which the said accused was referred to Regional Hospital, Nahan for further treatment and the said accused Harjeet Singh was thereafter taken to Zonal Hospital, Nahan under the supervision of police on 5-2-2005 at about 8.00 P.M. vide entry made in the Adalat Book, Ext. PW20/A, and he was accompanied by PW1 HC Jaswant Singh and PW2 Constable Kesar Singh to Zonal Hospital, Nahan and the said accused was admitted in the hospital as indoor patient in medical ward on bed No. 25.
4 According to the prosecution case, accused Harjeet Singh was handcuffed and one end of the handcuff was tied with the waist belt of constable PW2 Kesar Singh who was also having its key and at about 8.15 P.M. when accused Harjeet ::: Downloaded on - 30/07/2024 04:57:01 :::CIS 4 Singh was lying on the bed, then the appellant and Kapil Sahani along with some other persons entered in the ward and .
pointed the country made pistol on the head of constable PW2 Kesar Singh. They also gave him beatings by demanding the key of handcuff and when PW1 HC Jaswant Singh turned to make a call to the police line then he was also attacked by the aforesaid persons on the head and nose with the country made pistol causing injuries to him and thereafter the key was forcibly taken and end of the hand-cuff was removed from waist belt and constable PW2 was hit on the head with the butt of country made pistol causing injury to him. PW1 was dragged outside the ward where vehicle bearing registration No. CH-
03F-6657 was parked along with another vehicle without any number plate.
5 Accused Harjeet Singh was taken away in the car bearing No. CH-03F-6657 and some of the assailants were boarded the another vehicle which was without number plate and ran away from there. Information regarding the incident was given to Police Post, Gunnughat, on the basis of which rapat Ex-PW28/A came to be recorded in the daily diary by Constable PW28 Netar Singh. On receipt of such information PW37 HC Paramjeet Singh the then Investigating officer, Police ::: Downloaded on - 30/07/2024 04:57:01 :::CIS 5 Post Gunnughat, Nahan went to the hospital and recorded the statement of PW1 Jaswant Singh, Ext. PW1/A, which was sent .
to the Police Station, Nahan, on the basis of which FIR Ext.
PW35/A came to be recorded at Police Station, Nahan by PW35 ASI Dharam Pal, who also made endorsement upon Ext.
PW1/A. 6 One of the vehicles used in rescuing accused Harjeet Singh from custody near Oliwala on Kala Amb-Nahan road at about 8.25 P.M. was alleged to have met with an accident with the Canter bearing registration No-HP-18-3137 being driven by PW4 Balbir Singh in which PW3 Sanjay Kumar was also travelling. When PW3 and PW4 alighted from their vehicle in order to lend their help, then another vehicle came there from which some persons alighted and started giving beatings to both of them with fist and kick blows and a blow was also inflicted on the head of PW3 Sanjay Kumar with country made pistol causing injuries to him. The mobile phone of PW3 Sanjay Kumar was also snatched along with the key of the Canter.
Thereafter, the Canter was driven towards Kala Amb along with PW4 Balbir Singh by those persons and after covering a distance of 3 K.M. the Canter was stopped and all of them ran away towards forest after giving threat to PW4 Balbir Singh. The ::: Downloaded on - 30/07/2024 04:57:01 :::CIS 6 Canter was brought to Dhaba by PW4 Balbir Singh by starting it with a screw driver and an information was given to the .
owner of the Canter PW7 Vipin Kumar. Thereafter both PW3 Sanjay Kumar and PW4 Balbir Singh came to Zonal Hospital, Nahan, where applications Ext.PW37/A to Ext.PW37/D were submitted by PW37 HC Paramjeet Singh for medical examination of Sanjay Kumar, Balbir Singh, HC Jaswant Singh and Constable Kesar Singh.
7 The medical examination of PW2 Constable Kesar Singh was conducted by PW22 Dr. A.K. Gupta, the then Medical Officer, Regional Hospital Nahan and PW2 was found to have sustained two simple injuries vide MLC Ext. PW22/A .
PW22 also examined PW1 HC Jaswant Singh, who was found to have sustained four injuries, out of which three injuries were simple in nature, whereas one injury was grievous regarding which MLC Ext. PW22/E was issued. On medical examination of Balbir Singh, he was also found to have sustained simple injury vide MLC Ext.PW22/F, whereas Sanjay Kumar was medically examined by PW32 Dr. D. D. Sharma and was found to have sustained five injuries, out of which one injury was grievous and other were simple regarding which MLC Ext.
PW32/A was issued by the said Medical Officer. PW23 Dr. ::: Downloaded on - 30/07/2024 04:57:01 :::CIS 7 Rajeev Singh Dental Surgeon, Zonal Hospital, Nahan also examined Sanjay Kumar regarding dental injury and found .
grievous injury vide MLC Ext. PW23/A. 8 On 6-2-2005 accused Harmeet Singh in the early hours of morning went to the clinic of PW27 Dr. Inder Jeet Singh Pawar having injury on his right hand, which was stitched and an entry to this effect was made in the register, vide Ext. PW27/A. 9 On 5-2-2005 at about 10 P.M., when PW11 Mam Chand was in his residence at village Gari, Tehsil Raipur Rani, District Panchkulla (Haryana), he noticed that a car was being parked in the field near his house from which 4/5 persons fled away. The car was without registration number having blood stains on its window. He disclosed this fact to PW10 Surender Kumar, who telephonically informed Police Station, Raipur Rani. In the meantime, accused Ashok Kumar came there and told that his car had been snatched by some persons by pointing revolver on him.
10 PW5 HC Shamsher Singh the then Investigating Officer, Police Station, Raipur Rani, District Panchkulla received a wireless message on the intervening night of 5/6 February, 2005 that two vehicles were involved in an incident to ::: Downloaded on - 30/07/2024 04:57:01 :::CIS 8 get the under-trial released from Zonal Hospital, Nahan and that such vehicles if noticed be intercepted. Thereafter, PW5 .
again received a message that some persons had stopped a vehicle at Garikotha along with a man. He then went to the spot where Maruti Car white in colour was found to have been captured by the villagers along with accused Ashok Kumar.
The car was without number plate and its number plate bearing registration No. HP-01-0217 was found inside the car. On being inquired, accused Ashok Kumar disclosed that he was the driver of the car and there were 4/5 persons in the car who had managed to run away. The said car was brought to Police Station, Raipur Rani along with accused Ashok Kumar and information was also sent to Police Station, Nahan.
11 On receipt of the aforesaid information, PW36 ASI Ram Pal Yadav went to Police Station, Raipur Rani where he took into possession the car along with RC vide memo Ext.
PW5/A and the accused Ashok Kumar was also arrested.
12 On 6-2-2005, PW36 ASI Ram Phal, in the presence of PW6 ASI Kundan Singh, took into possession a car bearing registration No.CH-03F-6657, which was in accidental condition bearing registration No. HP-14A-1005 on the other side, at Pauriwala on Kala Amb-Nahan road along with ::: Downloaded on - 30/07/2024 04:57:01 :::CIS 9 documents vide memo Ext. PW6/A and on checking the car, one country made pistol with live cartridge, two other live .
cartridges, one handcuff without key and a bat of baseball were found inside the car. The sketch of the pistol was prepared, vide Ext. PW36/B and all the aforesaid articles were taken into possession after putting in a parcel and sealing with seal impression 'M' vide memo Ext.PW6/B. 13 On opening of the 'dicky' of the car, two 'pajamas', three shirts, two sweaters, one black undershirt, one jean pants, pair of shoe, one piece of string and one stone of cement were recovered and seized after putting in a parcel and sealing with seal impression 'L' vide memo Ext. PW6/F. Blood stains on the driver side in the car were lifted with the help of wet cloth, which was seized after putting in a parcel and sealing with seal impression 'L' vide memo Ext. PW6/D and the blood so lifted was sent for chemical examination. As per report of Chemical Examiner Ext.PW39/A, the same was found to be human blood.
The site plan Ext. PW36/A was also prepared by PW36 ASI Ram Phal Yadav and the specimen of the seals used were taken separately vide Ext. PW6/C and Ext. PW6/E. The Canter bearing No HP-18-3137 was taken into possession at Ambwala vide memo Ext. PW7/A which was handed over to its owner ::: Downloaded on - 30/07/2024 04:57:01 :::CIS 10 PW7 Vipin Kumar. Spot map Ext. PW36/C was prepared in this regard. The copy of visitors register of Shiwani Guest House .
Ext. PW15/A was obtained from PW15 Baldev Singh and spot map Ext.PW36/D was prepared after visiting the hospital by PW36 ASI Ram Phal Yadav. The report regarding the ownership of the vehicle bearing registration No.HP-14-1005 was obtained from PW19 Bal Krishan Thakur, Licensing Clerk in RLA office Solan, according to which the said vehicle was owned by the appellant. The report regarding ownership of the vehicle bearing registration No HP-01-217 was obtained from PW18 Munshi Agnihotri, Clerk in RTO office Solan Ext. PW18/A, according to which the said vehicle was owned by PW9 Chaman Lal. The photographs of the car bearing registration No. CH-03F-6657 on one side and number HP-14A-1005 on the other side was taken by PW17 HC Choli Ram vide Ext. PW17/A-1 to Ext.PW17/A-20 and the photographs of the Canter were also taken vide Ext. PW17/A-21 to Ext.PW17/A-22. The photographs of the car bearing registration No. HP-01-0217 were also taken by PW17 HC Choli Ram.
14 On 28-1-2006 PW30 Constable Sunil Kumar was referred to PGI, Chandigarh for treatment and when he went there he saw the accused Harjeet Singh doing exercises in ::: Downloaded on - 30/07/2024 04:57:01 :::CIS 11 Physiotherapy Ward. PW30 gave this information to Additional S.P. as well as Police Station, Rajgarh and thereafter accused .
Harjeet Singh was arrested from PGI, Chandigarh on 30-1- 2006. The extract of admission register Ext. PW20/E along with copies of Adalat Book Ext. PW20/F interview register Ext.
PW20/G was taken into possession. The statements of the witnesses were recorded by PW36 ASI Ram Phal, PW37 HC Parmjeet Singh, PW39 Inspector Daulat Ram and PW40 Inspector Madan Kant as per their respective version.
15 After completion of investigation, on the basis of the material collected during the investigation and on being satisfied that the accused persons had committed the offences punishable under Sections 224, 225, 353, 332, 333, 323, 325, 392, 482, 460, 279, 506-II, 212,120-B IPC and Section 25 of Arms Act, the concerned officer incharge of police Station, Nahan submitted a charge-sheet against the accused persons in the Court.
16 On consideration, charges were framed against the accused persons, to which they pleaded not guilty and claimed trial.
17 In order to prove its case, the prosecution examined as many as 41 witnesses in support of its case. Thereafter, the ::: Downloaded on - 30/07/2024 04:57:01 :::CIS 12 statements of the accused persons under Section 313, Cr.P. C. were recorded in which they denied the case of the prosecution.
.
18 The learned trial court, after evaluating the oral as well as documentary evidence, convicted and sentenced the appellant, as aforesaid.
19 It is vehemently argued by Mr. V. S. Chauhan, learned Senior Advocate, assisted by Mr. Rajul Chauhan, Advocate, that there was nothing on record to show that the appellant had been identified given the fact that he was arrested after 7 months in September 2005 and despite such delay no test identification parade was conducted and it is only in the testimony of PW27 Dr. Inderjeet Singh Pawar, who identified the appellant for the first time, whereas no credibility could have been attached to his statement given the fact that there was no identifying features mentioned in the register, Ext.
PW27/A, register tendered in evidence mentioned a different name and there is no authenticity of this register.
20 On the other hand, learned Additional Advocate General would argue that the findings recorded by the learned trial court are based on correct appreciation of law as well as fact and the evidence appearing on record and therefore warrant no interference.
::: Downloaded on - 30/07/2024 04:57:01 :::CIS 1321 We have heard the learned counsel for the parties and have also gone through the material available on record.
.
22 As regards identity of the appellant, at the first, the appellant was granted benefit of not conducting of test identification parade, while evaluating statement of PW1 HC Jaswant Singh, who, along with PW2 had been deputed to take the accused Harjeet Singh from Central Jail Nahan to Zonal Hospital, Nahan, and had brought him there at 8.00 P.M. 23 According to PW1, it was about 8.20 P.M., when 6-7 persons entered in the ward and pointed country made pistol on the head of PW2 Constable Kesar Singh and gave him beatings. They asked him to unlock handcuff and demanded its key. PW1 with a view to make a call at Police Line turned, but the assailants also hit him on the head and nose with the said pistol, as a result whereof, he also sustained injuries and blood started oozing out. He was dragged outside the ward by administering beatings where he noticed vehicle bearing registration No. CH-03F-6657 parked along with another vehicle, which was without number plate. The assailants managed to rescue the accused Harjeet Singh from the custody of PW2 and brought him outside the hospital and made him to sit in the aforesaid car. Later, in his examination-in-chief, he ::: Downloaded on - 30/07/2024 04:57:01 :::CIS 14 identified two of the assailants by pointing towards them. One out of them was the appellant and other being the co-accused .
Kapil Sahani. He also identified the accused Harjeet Singh in the court.
24 Given the fact that the appellant was not known to PW1, learned trial court has rightly held that identification of the appellant in the court by this witness could not be made sole basis for holding the appellant guilty of the offence(s) as alleged against him, however then the learned trial court has noted statement of PW1 to the effect that the appellant being one of the assailants stands corroborated by other material brought on record by the prosecution thereby lending credence/assurance and corroboration to such statement of PW1.
25 It needs to be noticed that based upon what has been observed in the statement of PW1 above, statement of this witness came to be recorded by the police vide Ext. PW1/A. 26 It is further noticed by the learned trial court that there is no cross-examination of this witness i.e. PW1 on behalf of the appellant regarding the fact that the assailants along with accused Harjeet Singh had fled away from the spot in the a vehicle bearing registration No. CH-035-6657 that was ::: Downloaded on - 30/07/2024 04:57:01 :::CIS 15 parked in the hospital complex at the time of occurrence.
Meaning thereby that statement of PW1 has gone unchallenged .
and un-rebutted since it corresponds to the version given in Ext. PW1/A and, therefore, the same can be safely relied upon.
27 In this background it would be necessary to advert to the statement of PW36 Ram Phal, who stated that on 6.2.2005 he had taken into possession car reflecting registration No. CH-03F-6657 on the front side and registration No. HP-14A-1005 on the backside along with its documents, vide memo, Ext. PW6/A, which was found to be a in a damaged condition near Pauriwala regarding which he had prepared spot map Ext.PW36/A. He had found in the car one country made pistol near the gear liver along with one fired cartridge and two live cartridges, one handcuff and one bat of baseball which were taken into possession vide memo Ext. PW6/B. He identified the country made pistol Ext. P2, cartridges Ext.P6, handcuff Ext.P4 and bat Ext. P5 to be the same. As per the statement of this witness, all the articles were put into packets and the same were sealed with seal impression 'M'.
28 Now, in case cross-examination of the witness is adverted to, it would be seen that this witness has not been cross-examined on behalf of the appellant or for that matter ::: Downloaded on - 30/07/2024 04:57:01 :::CIS 16 other co-accused on the aforesaid points as no suggestion to this witness has been put on behalf of the appellant regarding .
these articles not being found and recovered from the said car vide memo Ext. PW6/B. 29 It further needs to be noticed that the testimony of PW36 is fully corroborated by the statement of PW6 ASI Kundan Singh, who stated that on 6-2-2005, he was associated in the investigation at Pauriwala on Kala Amb-Nahan road and in his presence a car in accidental condition bearing No. CH-
03F-6657 on front side and HP-14A-1005 on the rear side along with its documents was taken into possession vide memo Ext.PW6/A. He further deposed that inside the car, he found one country made pistol along with one live cartridge, handcuff without key, two live cartridges and baseball bat. These articles were taken into possession after putting in a parcel and sealing the parcel with seal impression 'M' vide memo Ext.PW6/B and the specimen seal used was taken separately vide Ext. PW6/C. He also identified the country made pistol Ext. P2, handcuff Ext.P4, bat Ext. P5 and cartridges Ext. P6 to be the same.
30 Here again, it needs to be noticed that PW6 was not at all cross-examined on behalf of the appellant or other co-
::: Downloaded on - 30/07/2024 04:57:01 :::CIS 17accused on the aforesaid point and only a single question was put to this witness in the cross-examination and in reply .
thereto he stated that no finger prints were lifted either from the pistol or from the car. Therefore, in such circumstances, statement of PW6 can conveniently be held to have gone un- rebutted un-challenged.
31 That what can be concluded from the aforesaid discussion is that statement of PW36 is fully corroborated and supported by PW6 and their testimonies r in turn go to establish that the car, which was used in rescuing the accused Harjeet Singh from custody at Zonal Hospital, Nahan, was seized, which was having registration No. CH-03F-6657 on the front side and registration No. HP-14A-1005 on the rear side and from the said car, a country made pistol, handcuff and live cartridges along with some other articles were recovered thereby establishing that it was this car, which was involved in rescuing the accused Harjeet Singh.
32 At this stage, we may notice that the learned trial court, while concluding that the car belonged to the appellant, has partly erred in arriving at such finding by misconstruing testimony of PW19 Bal Krishan and certificate, Ext. PW19/A. The reason being that Licensing Clerk in the office of RLA, ::: Downloaded on - 30/07/2024 04:57:01 :::CIS 18 Solan, was examined as PW19, who in his examination-in-chief has specifically stated that owner of the vehicle No. HP-14A-
.
1005 was Harpreet Singh, son of Shyam, r/o Brar Road Dhobi Ghat, Solan and this is so mentioned even in the certificate produced by him, Ext. PW19/A, but for some strange reasons, learned trial court observed that PW19 has specifically stated that it was the appellant, Harmeet Singh who was the owner of the vehicle and event certificate, Ext. PW19/A reflected the same, but to that extent, as observed above, findings recorded by the learned trial court are erroneous.
33 Even then, as regards the ultimate findings that it was the appellant, who was owner of the vehicle in question, no fault can be found in such findings as the appellant in his statement under Section 313 Cr.P.C. has not denied the same, but on the other hand has specifically admitted in reply to question No.50 that the vehicle bearing registration No. HP-14- 1005 in fact belonged to him.
34 Learned senior counsel for the appellant would vehemently argue that since frame of the question itself was bad in law, therefore, reply to this question cannot be considered to conclude that it was the appellant, who was owner of the aforesaid vehicle.
::: Downloaded on - 30/07/2024 04:57:01 :::CIS 1935 Even if we were to agree to the submission of the appellant that frame of the question was wrong, and thus, .
answer to this question should be kept out of consideration, yet we have no hesitation to conclude that it is the appellant, who is owner of the vehicle when he specifically states in reply to question No.61 that he has been falsely implicated in this case simply being owner of car No. HP-14-1005. It shall be apt to reproduce the aforesaid question and answer, which read as under:- r Q.61. Why this case against you and have you to say anything else ?
Ans. I have been falsely implicated in this case simply being owner of car No. HP-14-1005.
36 Once the appellant is held to be owner of the vehicle in question, then on the basis of the evidence available on record, it can un-hesitantly be concluded that the car, which was used in rescuing the accused Harjeet Singh from judicial custody from Civil Hospital, Nahan was in fact belonging to the appellant.
37 Further, it can conveniently be held that the car was having fake registration number on the front side i.e. CH-
03F-6657 and the fact that the number plate on the front side ::: Downloaded on - 30/07/2024 04:57:01 :::CIS 20 was changed at the time of commission of offence also points towards the involvement of the appellant, who was the owner of .
the car and it was in his special knowledge as to why front number plate of the car had been changed.
38 It is vehemently argued by learned senior counsel for the appellant that the car was being driven by some other person at the relevant date, time and place and the appellant in fact had no concern with driving of the said car on the said date. r 39 Here, it needs to be noticed that it is not the plea taken by the appellant that the car on the relevant date was being driven by some other persons and he was having no concern with the driving of the car. The appellant has also not taken the plea that the car was stolen or taken away by some other persons.
40 Thus, in absence of any explanation afforded by the appellant regarding involvement of his car in the commission of the alleged offences, the only conclusion which can be drawn is that it was the appellant, who, along which his vehicle was involved in getting rescued the accused Harjeet Singh from custody at Zonal Hospital, Nahan after assaulting PW1 and ::: Downloaded on - 30/07/2024 04:57:01 :::CIS 21 PW2 being the police officials while they were discharging their duties as such.
.
41 In this background, it shall be apposite to advert to the testimony of PW27 Dr. Inderjeet Singh Pawar, who stated that he was running a private clinic at Paonta Sahib and that on 6-2-2005 one person disclosing his name to be Puran Singh came to his clinic during early hours in the morning. He was having injury on his right hand, which was stitched by him and he made entry in the register to this effect, vide Ext. PW27/A. He thereafter identified the appellant, who was present in the court to be the same person.
42 Learned senior counsel for the appellant would argue that no credence can be lent to the testimony of PW27 given the fact that this witness was set up and had identified the appellant for the first time in the court.
43 We however find no merit in this contention for the simple reason that PW27 is a summoned witness whose name duly finds mention in the list of witnesses accompanying the final report.
44 Learned senior counsel for the appellant would then argue that the document, Ext. PW27/A produced by PW27 is ::: Downloaded on - 30/07/2024 04:57:01 :::CIS 22 not admissible in evidence as it was only a photocopy and in fact had been objected to at the time of its exhibition.
.
45 We however do not find any merit in such contention. No doubt, learned counsel for the appellant appearing before the learned trial court had in fact objected to at the time when the document, Ext. PW27/A was exhibited, but it does not appear to be an objection regarding the document being photostat copy or else as per procedure, the document, as against being exhibited would have simply been marked.
46 Moreover, we find from the testimony of PW27 that he had produced the register and specifically deposed that he had made entry in the office register, Ext. PW27/A (objected to).
47 Adverting to cross-examination of PW27, we again find nothing contrary to what has been stated by this witness on the aforesaid point. There is not even a single suggestion regarding the appellant having not visited the clinic of PW27 on the given date and time. Further, there is nothing in the cross-
examination of this witness which may lead us to infer that this witness had got any motive to have falsely implicated the appellant in the instant case by identifying him in the court to be the same person, who had visited in his clinic in the early ::: Downloaded on - 30/07/2024 04:57:01 :::CIS 23 morning hours on 6.2.2005 and was having injury on his right hand. If the appellant was not having any injury on his right .
hand, obviously he would have confronted PW27.
48 Having not confronted PW27, obviously, leads to only one conclusion that it was the appellant who approached PW27 on the given date, time and place by concealing his identity and disclosing his name to be Puran Singh. This additionally is another incriminating circumstance pointing towards involvement of the appellant for the offence(s).
49 Further, it has come in evidence of PW1 and PW2 that both of them had sustained injuries as a result of assault made upon them by 6-7 persons who had come to rescue accused Harjeet Singh including the appellant.
50 The version regarding injuries to PW1 and PW2 has duly been proved by PW22 Dr. A. K. Gupta, who while appearing in the witness box, deposed that on 5-2-2005 he had examined PW2 Kesar Singh and noticed following injuries on his person:-
1. There was contused lacerated wounds(5 in number) of size 1 c.m. to 1.5 c. m. multiply by point 5 c.m. to 1 com., scalp deep over the scalp, marginal were irregular profusely bleeding no mud, no foreign body or no pus was present.. X-ray was advised or skull. MLC X-ray No. ::: Downloaded on - 30/07/2024 04:57:01 :::CIS 24 52X53 did not reveal any fracture as reported by Dr. D. D. Sharma, Radiologist.
2. 1 c.m. and 0.5 cm abrasion over the right third inter-
.
phalyangial space dorsataspast, little bit blood present on the right hand."
51 According to PW22 both injuries were found to be simple in nature having been caused by blunt weapon within duration of 2 hours qua which he had issued MLC Ext.
PW22/A. He further stated that on the same day he had also examined PW1 HC Jaswant Singh at about 10.00 P.M. and observed following injuries on his person:-
1. There were contused lacerated wounds of the size of 0.5 0.m. to 1 c.m. multiplied by 0.5 to 1 c.m. (3 in number) over the right paritio-occiptial area, margins were irregular, profusely bleeding, no pus no foreign body or no mud was present. X-ray skull was advised.
2. A contused lacerated wound 2 c.m X1 c.m., skin deep, on the bridge of nose at injunction of anterior 2/3 and posterior 1/3. Profusely bleeding margins were irregular Advised X-ray nasal bones.
3. Contused lacerated wound 1 c.m.x 1 a.m. on the dorsum of right index finger, margins is irregular, profusely bleeding, no pus, not mud, no foreign body.
4. 1 cm x 1 cm abrasion on the flexor aspect of right middle finger (middle phalynax), nо other injury detected.::: Downloaded on - 30/07/2024 04:57:01 :::CIS 25
52 PW22 has further stated that X-ray of HC Jaswant showed that he had sustained fracture bone of nasal wound as .
reported by Dr. D. D. Sharma, Radiologist, R.H., Nahan and as such injuries No.1,3 and 4 were simple whereas injury No.2 was grievous having been caused with blunt weapon and probable duration of injuries was within 4 hours regarding which he had issued MLC Ext.PW22/E. 53 It is also not in dispute that PW1 and PW2 at the relevant date, time and place, were on official duties and since PW1 and PW2 were on official duties and were administered beatings by some persons including the appellant has rightly been convicted and sentenced by the learned trial court under Sections 353, 333 and 332, 325 IPC read with Section 34 IPC.
54 Having regard to the oral as well documentary evidence, we are in agreement with the findings recorded by the learned trial court. From the evidence on record, the prosecution has proved the guilt of the appellant beyond all reasonable doubts and the conviction and sentence imposed is in conformity with the provisions of law and evidence on record, thus no interference is called for, more particularly, when such findings do not suffer from any perversity and illegality.
::: Downloaded on - 30/07/2024 04:57:01 :::CIS 2655 In view of the aforesaid discussions and for the reasons stated hereinabove, we find no merit in the instant .
appeal and the same is accordingly dismissed, so also the pending application (s), if any.
(Tarlok Singh Chauhan) Judge (Sushil Kukreja) 29.7.2024 Judge (pankaj) ::: Downloaded on - 30/07/2024 04:57:01 :::CIS