Punjab-Haryana High Court
Dayal Singh And Another vs State Of Punjab And Another on 27 August, 2010
Author: A.N. Jindal
Bench: A.N. Jindal
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Appeal No. 1248-SB of 2002
Date of decision: August 27, 2010
Dayal Singh and another
.. Appellants
Vs.
State of Punjab and another
.. Respondents
Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Hardip Singh, Advocate for the appellants.
Mr. Amit Chaudhary, AAG, Punjab for the respondent.
A.N. Jindal, J This is an appeal against the judgment dated 11.7.1992 passed by the learned Additional Sessions Judge, Patiala, vide which both the accused-appellants (herein referred as, "the accused") were convicted and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs.2000/- under Section 307/34 IPC.
The allegations are that on 20.7.1995, the complainant Sukhdev Singh along with Surjit Singh son of Labh Singh resident of village Sauja P.S. Sadar, Nabha on his tractor was going to the house of Hakam Singh son of Niranjan Singh of village Karhali for purchasing engine of Hakam Singh. The deal was settled at Rs.3500/-. Thereafter the complainant as well as Surjit Singh slept at the house of Hakam Singh and on the next day at around 4.30/5.00 a.m. the complainant along with Surjit Singh and Gurdev Singh as also Hakam Singh went to the fields of Isher Kaur wife of Hakam Singh to bring the engine on their tractor. When they reached near the electric motor room for the purpose, then the accused Gurcharan Singh, Dial Singh and Jit Singh armed with 12 bore guns, Niranjan Singh armed with kirpan and Satwant Kaur wife of Gurcharan Singh empty handed were sitting there. Satwant Kaur raised lalkara to teach them a lesson for taking away the engine. At this, Gurcharan Singh fired at the complainant with an intention to kill him, but it missed. Dial Singh fired at him which hit on the right thigh of the complainant. Jit Singh also fired from his gun which hit Crl. Appeal No. 1248-SB of 2002 -2- on the right thigh of Surjit Singh. The complainant and others raised noise at which the accused fled away along with their weapons. The injured were shifted to Civil Hospital, Nabha where they were medically examined. Satwant Kaur also suffered injuries during the occurrence. On the basis of the statement of Satwant Kaur, a case was registered whereas Sukhdev Singh (now respondent) filed the complaint. After pre charge evidence the accused were summoned and tried for the aforesaid offences.
The accused were charged under Sections 307/149 IPC and 25/54/59 of Arms Act to which they pleaded not guilty and opted to contest.
In order to substantiate the charges, the prosecution examined Dr. Parveen Kumar Garg (PW1), Dr. Harbans Singh Saran Singh (PW2), Sukhdev Singh (PW3), Surjit Singh (PW4), Hakam Singh (PW5), Hardial Singh (PW6) and C. Dharam Pal (PW7).
When examined under Section 313 Cr.P.C. the accused denied all the incriminating circumstances appearing against them and pleaded their false implication in the case. In defence they examined Dr. T.C. Gupta (DW1), SI Harpreet Singh (DW2) and Darshan Singh (DW3).
The trial resulted into conviction of Dayal Singh and Jit Singh, whereas, accused Gurcharan Singh, Satwant Kaur and Bhagwant Singh were acquitted of the charges framed against them.
Arguments heard. Record perused.
It has been informed to me that both the accused who were convicted by the trial court have already expired. Even otherwise sufficient evidence has come on record to connect the accused with the crime. The witnesses have categorically proved their participation in the commission of the crime. No evidence against Gurcharan Singh, Satwant Kaur and Bhagwant Singh has come on record. The trial court appears to have rightly acquitted them of the charges, therefore, no interference could be made in the impugned judgment.
Consequently, finding no merit in the appeal the same is dismissed.
August 27, 2010 (A.N. Jindal) deepak Judge