Punjab-Haryana High Court
Harkirat Singh And Another vs State Of Punjab on 9 January, 2009
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Appeal No. 201-SB of 1996
Date of decision: 9th January, 2009
Harkirat Singh and another
... Appellants
Versus
State of Punjab
... Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Ms. G.K. Mann, Advocate for the appellants.
KANWALJIT SINGH AHLUWALIA, J.
Harkirat Singh and Avtar Singh were tried in case FIR No.13 dated 05.02.1995 registered at Police Station Fatehgarh Churian under Sections 307, 326, 323, 333, 353 read with Section 34 IPC. Avtar Singh was acquitted under Section 307 IPC and Harkirat Singh was acquitted under Section 307 IPC with the aid of Section 34 IPC.
The Court of Additional Sessions Judge, Gurdaspur held Avtar Singh to be guilty of the offence under Section 324 IPC and Harkirat Singh under Section 324 IPC with the aid of Section 34 IPC. They were also convicted under Sections 332 and 353 IPC. They were sentence as under:
"In these circumstances, lenient view is not warranted. Accordingly, convict Avtar Singh is sentenced to undergo rigorous imprisonment for a period of 2 years u/s 324 IPC. Convict Harkirat Singh is sentenced to undergo rigorous imprisonment for a period of 2 years u/s 324 IPC read with Section 34 IPC. Both the convicts are further sentenced to undergo rigorous imprisonment for a period of 2 years each u/s 332 IPC. Convicts are further sentenced to undergo rigorous Criminal Appeal No.201-SB of 1996 2 imprisonment for a period of one year each u/s 353 IPC. All the sentences to run concurrently. The period of detention already undergone during enquiry, the investigation and trial will be set off from the period of sentence. The gandasi be destroyed after the expiry of time of appeal and if any then after the subject to the decision thereof. File be completed and consigned to the record room."
Gurmit Singh ASI had recorded statement of Sawaran Singh, JE-II on 05.02.1995 in Civil Hospital, Dera Baba Nanak. Sawaran Singh stated in his statement that he is Junior Engineer in the electricity department and many villages along with village Chandu Sujja come within his feeder. On 3rd February, 1995, he along with Harbhajan Singh Lineman, Shangara Singh Lineman, Tarsem Singh Lineman, Baljit Singh, Assistant Lineman and Jarnail Singh Assistant Lineman had gone to the tubewell of Dalip Singh for collecting the outstanding Bill and on getting unsatisfactory answer from the wife of Dalip Singh, they had removed the cable. He further stated that after removing the cable of Dalip Singh, he along with Harbhajan Singh Lineman had gone to the house of Jagdish Singh son of Sohan Singh, resident of village Chandu Sujja. On the road, when they were waiting for another co-worker, a maruti van came there and Avtar Singh and Harkirat Singh came outside from the van, who were in the heavy drunken condition at that time, and asked that why they have removed their cables and on this, Avtar Singh took the Gandasi from the Van and struck the same on the head of Harbhajan Singh Lineman and Harkirat Singh had caught hold the injured Harbhajan Singh and told his brother Avtar Singh that they should be taught a lesson for removing the cables. Avtar Singh once again hit the gandasi, which caused injury on the left shoulder of Harbhajan Singh. In the meanwhile on hearing raula, another co-worker came there and on seeing them accused ran away from the spot. Harbhajan Singh was taken to civil hospital, Dera Baba Nanak, Criminal Appeal No.201-SB of 1996 3 where he was got medico legally examined. He has further alleged that they have removed the cables of Dalip Singh because he had not paid the Bill of Rs.2151/- and accused caused the injuries to the person of Harbhajan Singh.
On the basis of statement (Ex.P-A), formal FIR was recorded. During investigation, accused were arrested and weapon of offence was recovered. Rough site plan was prepared. On completion of investigation, report under Section 173 Cr.P.C. was submitted through Devinder Singh SI.
The Court of Additional Sessions Judge, Gurdaspur, on 4th July, 1995 charged Avtar Singh for offences under Section 307 IPC for causing injury on 3rd of February, 1995 at 2.00 p.m. on the person of Harbhajan Singh lineman of Punjab State Electricity Board. Harkirat Singh accused was charged with aid of Section 34 IPC. They were also charged for offence under Section 332 IPC and 353 IPC.
Sawaran Singh complainant appeared as PW-1. Harbhajan Singh injured appeared as PW-2. Dalbir Singh, Revenue Accountant appeared as PW-3 to depose that bill of Rs.2151/- was issued in the name of Dalip Singh. Dr. Gurvail Singh appeared as PW-4. He examined Harbhajan Singh on 3rd February, 1995 at 3.30 p.m. and found following injuries on the person of Harbhajan Singh:
"1. Incised wound measuring 6 cm x .5 cm placed parital region of scalp on right side 11 cms above the right ear. Wound is bone deep. Bleeding profusely woming present. Semi-conscious stage. Pupil reaction right side slope with drosiness kept under observation for 24 hour due to suspect head injury.
2. Complaining pain right shoulder joint again said on left shoulder joint. Swelling of left shoulder was present. Movement restricted."Criminal Appeal No.201-SB of 1996 4
Gurmit Singh ASI, PW-5 proved Ex.PA, statement of Sawaran Singh recorded by him. He further stated that offence under Section 326 IPC was added on 8th February, 1995. Thereafter, statement of accused was recorded under Section 313 Cr.P.C. Avtar Singh accused stated as under:
"it is a false case because the pws. are inimical towards us, as a few months prior to the day of occurrence we had dispute with P.W. 1 and P.W.2 regarding the electric motor which was taken into possession by them and a penalty had also been imposed. That electric motor was deposited in the police station by them. Despite the fact the amount of penalty was deposited, they were not getting the electric motor released. On the other hand they were demanding illegal gratification. When I gave threat that the matter will be reported to the higher authorities, this case has been planted."
Trial Court held that prosecution has failed to prove the offences under Section 307 IPC and had acquitted Avtar Singh under Section 307 IPC and Harkirat Singh under Section 307 IPC with the aid of 34 IPC. Avtar Singh was subsequently held liable under Section 324 IPC and Harkirat Singh under Section 324 read with Section 34 IPC. They were also found guilty under Section 332 IPC and Section 353 IPC.
Counsel appearing for the appellants had made a feeble attempt to say that accused were not present at the spot and they have been falsely implicated and a false case has been implanted. The argument raised is in consonance with the statement made by the accused under Section 313 Cr.P.C. This Court cannot lose sight of the fact that Harbhajan Singh was injured at the spot and he will be the last person to falsely implicate anybody.
Counsel for the appellants, in alternative has submitted that appellants have suffered a protracted trial and the occurrence has taken Criminal Appeal No.201-SB of 1996 5 place in February 1995. 14 years are going to elapse, therefore, sentence awarded upon the appellants be reduced to already undergone.
This Court, while taking into consideration protracted trial, cannot lose sight of the fact that a public servant in discharge of his official duty was caused injuries. Taking a wholesome view, considering protracted trial and the nature of offence, ends of justice will be met in case sentence awarded upon the appellants is reduced from two years to six months rigorous imprisonment.
With these modifications in the sentence, present appeal is disposed off.
[KANWALJIT SINGH AHLUWALIA] JUDGE January 9, 2009 rps