Punjab-Haryana High Court
Joginder Singh & Ors vs State Of Punjab on 15 July, 2015
CRM-18491-2015 in
CRA No.D-1714-DB of 2014 -1-
Joginder Singh and others v. State of Punjab
Present: Dr.Anmol Rattan Sidhu, Senior Advocate with
Mr.Nandan Jindal, Advocate with
Mr.Manhar S. Saini, Advocate
for applicant-appellant No.4-Lekhraj.
Mr. Arshvinder Singh, Addl. A.G., Punjab.
Ms.Sarika Gupta, Advocate
for the complainant/respondent No.2.
***
Heard learned counsel for the parties.
Criminal miscellaneous application has been filed seeking suspension of sentence of imprisonment of applicant-appellant No.4-Lekhraj during pendency of the appeal.
The applicant-appellant No.4-Lekhraj has been convicted and sentenced by the learned Addl. Sessions Judge, Hoshiarpur vide impugned judgment dated 23.09.2014 on the private complaint filed by the complainant-respondent No.2-Mehar Singh alleging commission of offences punishable under Sections 302, 148 and 149 Indian Penal Code ('IPC' for short).
The complainant-respondent No.2-Mehar Singh filed a complaint in the Court of learned Sub Divisional Judicial Magistrate, Dasuya alleging that he had two sons namely Arjun Singh and Gurdas Ram (deceased in the case) SHARMA YOGESH 2015.07.16 17:54 I attest to the accuracy and integrity of this document CRM-18491-2015 in CRA No.D-1714-DB of 2014 -2- who used to work in a factory at Ludhiana. Gurdas Ram (deceased) younger son of the complainant-respondent No.2-Mehar Singh went to his village on 02.08.2004 at about 11.00 a.m. The complainant-respondent No.2-Mehar Singh had gone to Chandigarh for some personal work. When the complainant-respondent No.2-Mehar Singh returned back from Chandigarh in the evening on 03.08.2004, he came to know that his son (Gurdas Ram) had been murdered. The wife of the complainant- respondent No.2-Mehar Singh informed him that on 02.08.2004, when Gurdas Ram (deceased) did not return, then at about 05.00 pm, she went towards the fields and found his dead body lying in the fields of Harbans Singh. The matter was reported to the police of Police Station Hajipur and FIR No.43 dated 04.08.2004 was registered at Police Station Hajipur for the offences punishable under Sections 302, 148 and 149 IPC against the accused (appellants).
According to the complainant-respondent No.2- Mehar Singh, when his son Gurdas Ram (deceased) was in his fields on 02.08.2004 at about 11.15 am, he was surrounded by all the accused (appellants) and they were fighting and abusing him. The incident was witnessed by Om Parkash son of Kulfiwala son of Rasia Ram resident of SHARMA YOGESH 2015.07.16 17:54 I attest to the accuracy and integrity of this document CRM-18491-2015 in CRA No.D-1714-DB of 2014 -3- village Sombli Naushahra who was roaming there selling 'kulfis'. According to the complainant-respondent No.2- Mehar Singh, all the accused (appellants) in furtherance of their common intention had murdered his son (Gurdas Ram). The motive for the occurrence was that there were various civil litigations pending in different courts between the complainant-respondent No.1-Mehar Singh and Jit Singh, who is the father of Sewa Singh (appellant No.3) and Lekhraj (applicant-appellant No.4).
According to the complainant-respondent No.2- Mehar Singh, Joginder Singh son of Tarsem Singh (appellant No.1) on 01.08.2004 had threatened the deceased that the deceased had enjoyed enough bus rides to Ludhiana and that now they would not give him further chances to enjoy bus rides. It is further alleged that Darshan Ram (appellant No.2) also held out threats to Gurdas Ram (deceased) to the effect that one of the members of his family is to be killed and if they could stop that, then they should do so. It was alleged that all the accused (appellants) along with Joginder Singh (appellant No.1), Block Samiti Member, went to the house of Swaran Singh son of Dina Nath resident of village Fateh Pur Kullian, Post Office Sariana on 26.08.2004 and made a confession that they had committed the murder of the son of the complainant-respondent No.2-Mehar Singh SHARMA YOGESH 2015.07.16 17:54 I attest to the accuracy and integrity of this document CRM-18491-2015 in CRA No.D-1714-DB of 2014 -4- and they were ready to apologize for this to the complainant-respondent No.2 Mehar Singh. They would also pay Rs.5,00,000/- to him. Swaran Singh said that he would ask Mehar Singh (complainant-respondent No.2) about the same. It was also alleged that Darshan Singh (appellant No.2) on 10.08.2004 at about 11.00 a.m., had gone to the house of Bhajan Singh son of Wanta resident of village Heval Chang and requested him to request his father-in-law Mehar Singh (complainant-respondent No.2) to get a compromise effected. Bhajan Singh asked to him (Darshan Singh) to narrate the entire story and then, Darshan Singh (appellant No.2) informed Bhajan Singh that when Kulfiwala had left, they caused injuries to Gurdas Ram (deceased) near his ears and then, forcibly made him drink insecticide and when Gurdas Ram died, they left the place of occurrence.
Learned Senior Advocate for the applicant- appellant No.4-Lekhraj has contended that the case against the applicant-appellant No.4-Lekhraj was false. It is submitted that death of Gurdas Ram had occurred due to consuming of choloro compound poisoning. There is only one injury on the person of the deceased (Gurdas Ram). However, the learned trial Court had mentioned injuries, besides, it is submitted that the accused SHARMA YOGESH 2015.07.16 17:54 I attest to the accuracy and integrity of this document CRM-18491-2015 in CRA No.D-1714-DB of 2014 -5- (appellants) are stated to have made a joint extra-judicial confession which is not of any value in evidence.
A reference has been made to the deposition of Mehar Singh (complainant-respondent No.2) while appearing as PW-2, to the effect that he states that when the dead body was brought back to his house, there were injuries on his entire body and grievous injury on the ear of Gurdas Ram (deceased) and he had seen the same on his dead body, which is not correct according to the medical report. Another reference has been made to the enquiry report (Ex.D2) of DSP Dharamvir which has exonerated of all the accused (appellants).
In response, learned counsel for the complainant- respondent No.2-Mehar Singh has submitted that the Dr.G.P.Singh, AMO, Civil Hospital Mukerian has mentioned in his deposition the injury on the body of deceased as 6.5 cm x 6 cm bluish colour bruise present on the right side of the head and upper neck behind ear pinna on cut section infiltration of blood present. Brain was congested and spinal chord was not exposed. Therefore, according to the learned counsel, there indeed were injuries on the person of Gurdas Ram (deceased) and it is not a case of single injury as is sought to be made out by the learned counsel for the applicant-appellant No.4-Lekhraj.
SHARMA YOGESH2015.07.16 17:54 I attest to the accuracy and integrity of this document CRM-18491-2015 in CRA No.D-1714-DB of 2014 -6- It may be noticed that as per the Chemical Examiner's report (Ex.PB), choloro compound group of insecticides was detected in:- Ex.1 i.e. a jar said to contain stomach a part of small and large intestine with contents; Ex.II i.e. a jar said to contain parts of liver, spleen and half of each kidney and Ex.III i.e. a jar said to contain blood. No poison was detected in Ex.IV i.e. a jar said to contain preservative.
The evidence and material on record would require consideration at the time of final hearing of the appeal, which consist of the extra judicial confession, the medical evidence, the inquiry report Ex.D1 as also the Chemical Examiner's report so as to ascertain as to whether it indeed is a case of murder.
According to the affidavit of Sh.Ajmer Singh, PPS, Superintendent District Jail, Hoshiarpur, the applicant- appellant No.4-Lekhraj has undergone actual imprisonment of one year, four months and four days as on 06.07.2015.
In the facts and circumstances, it would be just and expedient to suspend the sentence of imprisonment of the applicant-appellant No.4-Lekhraj during pendency of the appeal.
Accordingly, the criminal miscellaneous application is allowed and the sentence of imprisonment of SHARMA YOGESH 2015.07.16 17:54 I attest to the accuracy and integrity of this document CRM-18491-2015 in CRA No.D-1714-DB of 2014 -7- applicant-appellant No.4-Lekhraj 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, Hoshiarpur.
( S.S. SARON )
JUDGE
15.07.2015 ( RAMENDRA JAIN )
'yogesh' JUDGE
SHARMA YOGESH
2015.07.16 17:54
I attest to the accuracy and
integrity of this document