Punjab-Haryana High Court
Palwinder Singh Alias Pala And Others vs State Of Punjab on 27 January, 2009
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
Criminal Appeal No. 503-SB of 1996 1
In the High Court of Punjab and Haryana, at Chandigarh.
Criminal Appeal No. 503-SB of 1996
Date of Decision: 27.1.2009
Palwinder Singh alias Pala and Others
...Appellants
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. M.S. Gill, Advocate
for the appellants.
Mr. Mehardeep Singh, Assistant Advocate
General, Punjab, for the State.
Kanwaljit Singh Ahluwalia, J. (Oral)
Palwinder Singh alias Pala, Gurdip Singh both sons of Tarlochan Singh, Sheelo wife of Tarlochan Singh and Balwinder Singh son of Surjit Singh, all residents of village Desal, Police Station Kotwali, Kapurthala, have been convicted and sentenced by the Court of learned Additional Sessions Judge, Kapurthala, to undergo rigorous imprisonment for four years and a fine of Rs.1,000/- each under Section 450 IPC, in default thereof to further undergo rigorous imprisonment for three months. Appellant Palwinder Singh alias Pala was substantively convicted under Section 326 IPC and sentenced to undergo rigorous imprisonment for four years and a fine of Rs.1,000/-, in default thereof to Criminal Appeal No. 503-SB of 1996 2 further undergo rigorous imprisonment for three months. Appellants Gurdip Singh, Sheelo and Balwinder Singh were convicted with aid of Section 34 IPC and sentenced to undergo rigorous imprisonment for one year and a fine of Rs.500/- each, in default thereof to further undergo rigorous imprisonment for one month each. Appellant Balwinder Singh was substantively convicted under Section 323 IPC for causing simple hurt to Basant Singh and was sentenced to undergo simple imprisonment for three months. Appellants Palwinder Singh alias Pala, Gurdip Singh and Sheelo were convicted with the aid of Section 34 IPC and sentenced to undergo simple imprisonment for one month each. Appellant Gurdip Singh was also substantively convicted under Section 323 IPC for causing simple hurt to Paramjit Kaur and was sentenced to undergo simple imprisonment for three months. Appellants Palwinder Singh alias Pala, Sheelo and Balwinder Singh were convicted with the aid of Section 34 IPC and were sentenced to undergo simple imprisonment for one month.
Appellants were named as accused in case FIR No. 53 dated 25.6.1994 registered at Police Station Kotwali, Kapurthala, under Sections 450, 326, 323, 34 IPC.
In the present case, occurrence had taken place on 25.6.1994 at 7.00 A.M. Statement Ex.PF of Basant Singh was recorded by Kuljinder Singh, Assistant Sub Inspector, Incharge Police Post Fattu Dhinga on 25.6.1994 before 2.40 P.M. Basant Singh stated, in his statement, that he is resident of village Desal and do work of agriculture. At 7.00 A.M. he was present in the house when he heard the noise from outside his house. He stepped out of his house and saw appellant Criminal Appeal No. 503-SB of 1996 3 Sheelo and his wife Balbir Kaur were exchanging hot words. He took his wife inside the house. Then Surjit Singh son of Buta Singh, resident of village Desal and Sheelo raised lalkara and said catch hold of them and they be taken to task for implicating them in proceedings under Section 107/151 Cr.P.C. At that stage, Palwinder Singh alias Pala son of Sheelo armed with gandasi, Balwinder Singh son of Surjit Singh armed with a rifle, Gurdip Singh and Gurmit Singh sons of Tarlochan Singh armed with dangs entered in his house and on lalkara given by Surjit Singh, Palwinder Singh alias Pala, Balwinder Singh, Gurdip Singh and Gurmit Singh caused injuries with their respective weapons to Paramjit Kaur, daughter of the complainant. She fell on the ground. Basant Singh intervened. Then Balwinder Singh gave a butt blow of his rifle which hit in his left eye. All raised noise of "MAR DITTA MAR DITTA", which attracted Pal Singh son of Gurcharan Singh, resident of village Khanpur and from the fields his son Gurmukh Singh also come there. They witnessed the occurrence. The cause of grudge was that earlier there were proceedings under Section 107/151 Cr.P.C. through police against the accused party. It is stated that after the conveyance was arranged Pal Singh and Gurmukh Singh got complainant Basant Singh and Paramjit Kaur admitted in the hospital.
The matter was investigated and report under Section 173 Cr.P.C. was submitted against Palwinder Singh alias Pala, Gurdip Singh and Sheelo.
Thereafter, an application under Section 319 Cr.P.C. was filed to summon accused Surjit Singh, Balwinder Singh and Gurmit Singh as they there were placed in column No.2. The Court of learned Additional Criminal Appeal No. 503-SB of 1996 4 Sessions Judge, Kapurthala, vide order dated 7.3.1995 summoned Balwinder Singh to stand trial, however, summoning of Surjit Singh and Gurmit Singh was refused.
On 10.5.1995, the Court of learned Additional Sessions Judge, Kapurthala, framed charges against the accused. Palwinder Singh alias Pala was substantively charged under Section 326 IPC for causing incised injury to Paramjit Kaur by gandasi, whereas Gurdip Singh, Sheelo and Balwinder Singh were charged with the aid of Section 34 IPC. Gurdip Singh and Balwinder Singh was substantively charged under Section 323 IPC for causing simple hurt to Paramjit Kaur, whereas Sheelo and Palwinder Singh alias Pala were charged with the aid of Section 34 IPC. Balwinder Singh was substantively charged under Section 323 IPC for causing simple hurt to Basant Singh, whereas Palwinder Singh alias Pala, Gurdip Singh and Sheelo were charged with the aid of Section 34 IPC. All the appellants were also charged under Section 450 IPC.
The appellants pleaded not guilty and claimed trial. Prosecution examined Dr. Ashok Dhingra as PW.1. He had radiologically examined Paramjit Kaur and declared injury No.2 as grievous.
Dr. S.S. Padda was examined as PW.2. He medicolegally examined Paramjit Kaur on 25.6.1994 at 3.45 P.M. He found the following injuries on her person:-
"1. An abrasion 1.5 cm X .1 cm over the left lateral aspect of head 6 cm above the left eye brow. Clotted blood was present. Criminal Appeal No. 503-SB of 1996 5
2. An incised wound over the right lateral aspect of head 4.1 cm X .2 cm X 1 cm. It was 8.5 cm above the pinna of the right ear obliquely placed. It was starting from posterior aspect of skull travelling interior medially. Bleeds of cleaning. X-ray of skull was advised.
3. An abrasion over apax of right shoulder, 2 cm X 1.5 cm. It was red in colour.
4. Pain over epigasprium region and lower front of chest also. Tender on pressing. No external visible mark of any injury".
Injuries No.1, 3 and 4 were declared as simple but injury No.2 was specifically declared as grievous. This injury as stated earlier is attributed to Palwinder Singh alias Pala.
Basant Singh had suffered two simple injuries and he was examined on the same day by Dr. S.S. Padda, PW.2, at 11.15 A.M.. The injuries suffered by him are reproduced below:-
"1. A contusion 3 cm X 1.5 cm over the upper outer aspect of left eye. Red in colour.
2. An incised wound 1 cm X .1 cm X superficial over the lateral outer aspect of left eye. Bleed profusely on cleaning. It was present longitudinally in the middle of injury No.1."Criminal Appeal No. 503-SB of 1996 6
Basant Singh, injured, appeared as PW.3 and reiterated the version given by him in the FIR.
Paramjit Kaur, injured, appeared as PW.4 and corroborated the testimony of Basant Singh.
Kuljinder Singh, Sub Inspector, appeared as PW.5 and proved the investigation.
Thereafter, the prosecution had closed its evidence. All the accused were examined under Section 313 Cr.P.C. and all the incriminating evidence has been put to them. They denied the same and claimed false implication.
I have heard Mr. M.S. Gill, Advocate, appearing for the appellants and Mr. Mehardeep Singh, learned Assistant Advocate General, Punjab.
Admittedly there was security proceedings between the parties earlier. On the day of occurrence, there was exchange of hot words between Balbir Kaur, wife of Basant Singh complainant and Sheelo, the present appellant. On the spur of moment without any premeditation, due to exchange of hot words, occurrence had ensued. Thus, at that time two sons of Sheelo were attracted to the spot. Appellant Sheelo and Surjit Singh had caused no injury. No role has been attributed to them. They have only raised lalkara.
Counsel appearing for the appellant has raised two fold arguments before me. It is stated that since the occurrence was not pre- planned, therefore, Section 34 is not attracted and appellants can be held individually liable for their own act. Therefore, Sheelo and Surjit Singh having raised lalkara are entitled to acquittal. Criminal Appeal No. 503-SB of 1996 7
It has been further submitted that grievous injury caused to Paramjit Kaur PW.4 is attributed to Palwinder Singh alias Pala. Therefore, he alone should be held responsible for conviction under Section 326 IPC, whereas Balwinder Singh who had only given an injury from the butt of rifle on the eye of Basant Singh complainant should be held guilty under Section 323 IPC.
It has been further submitted that Balwinder Singh though armed with rifle had not used the same and had only caused injury from the butt of the rifle to Basant Singh complainant which is simple in nature.
Mr. Mehardeep Singh, learned Assistant Advocate General, Punjab, appearing for the State has contended that the grudge between the parties was the earlier initiation of security proceedings. Therefore, Section 34 IPC is attracted.
I have given thoughtful consideration to the submissions made by counsel for the parties.
A perusal of FIR and statements of the witnesses reveal that on that day there was exchange of hot words between the ladies. Therefore, it cannot be ruled out that some provocation was given by Balbir Kaur also due to which occurrence had erupted. Therefore, the offence in the present case will not fall under Section 326 IPC but under Section 335 IPC. Since occurrence had taken place on the spur of moment Section 34 IPC is not attracted and everybody is to be held liable for his own act.
Accordingly, appellant Sheelo is acquitted of the charges under Section 326 read with Section 34 IPC.
Criminal Appeal No. 503-SB of 1996 8
Basant Singh examined as PW.3 has stated that Surjit Singh, Pala Singh , Gurmit Singh, and Hardeep Singh came inside his house. It has been nowhere stated that appellant Sheelo also came inside his house. Therefore, no offence under Section 450 IPC has been committed by Sheelo. Therefore, she is also acquitted of the offence under Section 450 IPC by giving benefit of doubt.
Having granted benefit of doubt to appellant Sheelo and held that Palwinder Singh alias Pala is held guilty of offence under Section 335 IPC and not under Section 326 IPC I have called upon counsel for the parties to address arguments on quantum of sentence.
Mr. Gill has stated that occurrence in the present case had taken place on 25.6.1994. Thus, he has submitted that the appellant has suffered protracted trail for 15 years. It has been further submitted that in the last 15 years, no untoward incident has taken place and the appellants are living peaceful life. Accordingly, sentence awarded upon all the appellants under Section 450 IPC is reduced one year rigorous imprisonment.
Sentence awarded upon appellant Palwinder Singh alias Pala under Section 326 IPC has been converted to Section 335 IPC, he is sentenced to undergo one year rigorous imprisonment along with a fine of Rs.20,000/- The fine shall be paid to injured Paramjit Kaur. In default of payment of fine appellant Palwinder Singh alias Pala shall undergo rigorous imprisonment for six months.
Since appellants Balwinder Singh and Gurdip Singh have been held individually liable and they have been sentenced to three months rigorous imprisonment, by trial Court under Section 323 IPC no Criminal Appeal No. 503-SB of 1996 9 modification in their sentence is called for under Section 323 IPC.
With these modifications in sentence of the appellants, the present appeal is disposed off.
(Kanwaljit Singh Ahluwalia) Judge January 27, 2009 "DK"