Punjab-Haryana High Court
Gulzar Singh And Others vs State Of Punjab on 3 October, 2013
Author: Inderjit Singh
Bench: Inderjit Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
(i) Crl. Appeal No.S-1235-SB of 2002
Date of Decision: October 03, 2013
Gulzar Singh and others
...Appellants
VERSUS
State of Punjab
...Respondent
(ii) Crl. Revision No.2219 of 2002
Kanwar Pal Singh
...Petitioner
VERSUS
State of Punjab and others
...Respondents
CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH
Present: Mr.Akshay Jain, Advocate, Legal aid counsel,
for the appellants (in CRA No.S-1235-SB of 2002)
and for respondents No.2 to 13 (in CRR No.2219 of 2002).
Mr.J.S.Brar, Asstt. Advocate General, Punjab
for the respondent-State.
Mr.P.K.Gupta, Advocate and
Ms.Priya Gupta, Advocate
for the complainant (in CRA No.S-1235-SB of 2002) and
for the revision-petitioner (in CRR No.2219 of 2002)
****
INDERJIT SINGH, J.
This judgment shall dispose of two connected cases i.e. CRA No.S-1235-SB of 2002 and CRR No.2219 of 2002 arising out of the same judgment of conviction and order of sentence dated Gulati Vineet 2013.10.11 17:29 I attest to the accuracy and integrity of this document Chandigarh Crl. Appeal No.S-1235-SB of 2002 and connected case -2- 02.08.2002 passed by learned Addl. Sessions Judge (Adhoc), Patiala, whereby the appellants Shish Pal, Goldi, Shiv Kumar, Karamjit Singh and Gulzar Singh were held guilty and convicted under Sections 333, 324, 427, 148 and 149 IPC and they were sentenced to undergo rigorous imprisonment for a period of two years under each count. Appellant Bal Kishan was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of five years and to pay fine of ` 1000/- under Section 326 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of two months and was further convicted and sentenced to undergo rigorous imprisonment for a period of five years and to pay fine of ` 1000/- under Section 333 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of two months. Appellant Bal Kishan was further convicted and sentenced to undergo rigorous imprisonment for a period of two years under Section 324 IPC, rigorous imprisonment for a period of six months under Section 323 IPC and rigorous imprisonment for a period of two years under Section 427 IPC. All the substantive sentences were ordered to run concurrently. However, co-accused Bhola @ Seo Pal, Deep Chand and Anil Kumar were acquitted of the charges framed against them and co-accused Surjan Ram, Chaman Lal and Ashok Kumar were convicted but their sentence was reduced to already undergone.
Revision-petitioner Kanwar Pal Singh has filed CRR No.2219 of 2002 for enhancing the sentence of the accused- respondents and for compensation of ` 2 lacs.
Gulati Vineet2013.10.11 17:29 I attest to the accuracy and integrity of this document Chandigarh Crl. Appeal No.S-1235-SB of 2002 and connected case -3- The brief facts of the prosecution case are that FIR in the present case has been registered on the statement of Head Constable Satpal. As per statement of the complainant, on 29.06.1997, he along with PHG Labh Singh and PHG Rishi Pal was going to village Bhukri in connection with inquiry of report No.26 dated 29.06.1997. Kanwar Pal Singh and Madan Pal Singh met him in front of police station in Maruti car bearing registration No.DBB-5638. He had no vehicle with him. So, he occupied that car and went to the village Bhukri. When he reached near that village at about 4.00 A.M., he saw Goldi armed with dang, Bhola armed with sua, Bal Kishan armed with gandasi, Surjan armed with dang, Gulzar armed with sua, Shispal and Siba armed with sua, Chaman Lal armed with gandasi, Deep armed with gandasi and Ashok armed with sua were standing there. As soon as the car stopped, all the accused attacked them. Goldi gave a dang blow on the head of Labh Singh, Bal Kishan gave a gandasi blow on the left elbow of Labh Singh, Bhola gave a sua blow on the wrist of Labh Singh, Surjan Singh gave a dang blow on the right shoulder of Labh Singh and Goldi gave a dang blow on the back side of Labh Singh. Karamjit Singh alias Thigru gave a sua blow to Rishi Pal and Shish Pal gave a sua blow to Madan Pal on the right hand. Gulzar gave dang blow to Kanwar Pal Singh on right hand. All the accused had attacked with their respective weapons on the car. In order to save himself, complainant fired shot from his govt. rifle. All the accused ran away with their respective weapons. A conveyance was arranged and injured were removed to the Civil Hospital, Dera Gulati Vineet 2013.10.11 17:29 I attest to the accuracy and integrity of this document Chandigarh Crl. Appeal No.S-1235-SB of 2002 and connected case -4- Bassi, where they were medico-legally examined. An intimation was sent to the police station Lalru. ASI Jai Kishan went to the Civil Hospital and moved an application whether the injured are fit to make the statement or not. The doctor declared the injured fit to make statement. Then statement of Satpal was recorded by ASI Jai Kishan. Ruqa was sent to the police station, on the basis of which FIR was recorded. Maruti car bearing registration No.DBB-5638 along with documents was taken into police possession. Empties were also taken into police possession. Statements of witnesses were recorded. Rough site plan was prepared. After necessary investigation challan was presented against the accused-appellants.
On presentation of challan against accused-appellants, copies of challan and other documents were supplied to them under Section 207 Cr.P.C. Finding prima facie case, accused-appellants were charge-sheeted under Sections 326, 323, 332, 333 read with Section 149 IPC and Section 427 and 148 IPC, to which they pleaded not guilty and claimed trial.
In support of its case, prosecution examined PW-1 P.R.Sharma, Radiologist, who mainly deposed regarding radiologically examining Labh Singh regarding injury Nos.1 to 3. He also radiologically examined Kanwar Pal Singh regarding injury Nos.1 and
2. Skiagrams of Labh Singh are Ex.P1 to P4 and skiagrams of Kanwar Pal Singh are Ex.P5 to P7. These skiagrams were given to Dr.V.K.Chopra for obtaining his report. PW-2 Dr.Suvir Kumar mainly deposed that he medico-legally examined Labh Singh on 29.06.1997 Gulati Vineet 2013.10.11 17:29 I attest to the accuracy and integrity of this document Chandigarh Crl. Appeal No.S-1235-SB of 2002 and connected case -5- at 4.30 A.M. and found following injuries:-
"1. 4 inches x 1 inch incised wound over upper one third of Ant.part of left arm below elbow joint. It is a muscle deep. Fresh blood oozing out. Advised X- ray on with rest AP lateral.
2. 3 inches x ½ inch lacerated wound over left parietal region skin and connected tissue were cut. Fresh blood oozing out. Advised X-ray skull AP & lateral.
3. A swelling 2 inches diameter present over forehead extending to temporal region. Advised X-ray skull AP & lateral."
Injury No.1 was sharp, injury Nos.2 and 3 were blunt. He further deposed that after receiving X-ray report of Labh Singh, he declared injury No.1 on Labh Singh as grievous, there being fracture of left forearm. He also deposed that he medico-legally examined Kanwar Pal Singh on the same day at 2.00 A.M. and found following injuries:-
"1. Swelling present over right lower arm extending to wrist. X-ray advised right lower arm with wrist joint AP lateral.
2. Mild swelling present over lower part of right thumb.
Advised X-ray right thumb."
The kind of weapon used for both the injuries was blunt. Both the injuries were declared simple. He further deposed that about 7.10 A.M., he again medico-legally examined Kanwar Pal Singh and found following injuries:-
"1. A lacerated wound 3 inches x ½ cm skin and superficial fascia are cut. Fresh blood was oozing out.
2. An abrasion 1 cm x ½ cm was present over forehead 1 cm below right eye brow. Fresh blood Gulati Vineet 2013.10.11 17:29 I attest to the accuracy and integrity of this document Chandigarh Crl. Appeal No.S-1235-SB of 2002 and connected case -6- was oozing out.
3. A mild swelling over rights shin. No neuromuscular deficit.
4. A mild swelling over left knee 1 cm x 1 cm no extended marks of injury. No neuro muscular deficit."
The kind of weapon used in all the injuries was blunt and all the injuries were declared as simple. PW-3 Dr.Parineeta Kaur Sachdeva, Medical Officer deposed that on 29.06.1997, she medico- legally examined Madan Pal Singh and found following injuries:-
"1. 2 cm long 5 cm deep incised wound between the middle and the ring finger on the right hand.
2. 2 cm long 5 cm deep incised wound on distal phalanx of the middle finger of the right hand."
Both the injuries were declared simple and the weapon used was iron rod. She further deposed that on the same day, she also medico-legally examined Rishi Pal and found following injuries:-
"1. 0.5 cm long incised wound 25 cm deep on the right middle finger on the lateral side. Fresh wound. No swelling or pain. No restriction of movement.
2. Abrasion of the right arm lateral side. Clotted blood was present. No bleeding was present."
Both the injuries were declared simple and the weapon used was iron rod. PW-4 Head Constable Shamsher Singh mainly proved the DDR No.26 dated 29.06.1997 Ex.PC. PW-5 Head Constable Amrik Singh deposed regarding arrest of the accused and disclosure statement of accused Chaman Lal, vide which he got recovered Gulati Vineet gandasi. PW-6 Head Constable Satpal Singh, 2013.10.11 17:29 I attest to the accuracy and integrity of this document Chandigarh Crl. Appeal No.S-1235-SB of 2002 and connected case -7- complainant, mainly deposed as per prosecution version. PW-7 Kanwar Pal Singh, is the injured eye witness and he also deposed as per prosecution version. He further deposed that he lodged DDR NO.26 registered at police station Lalru due to some minor dispute in the village. PW-8 Madan Pal, who is also injured eye witness, deposed as per prosecution version. PW-9 PHG Labh Singh, injured, deposed as per prosecution version. PW-10 ASI Harbilash Singh mainly deposed regarding partly investigation conducted by him. PW- 11 ASI Jai Kishan, is also the Investigating Officer. He also deposed regarding investigation conducted by him in the present case. PW-12 ASI Ajaib Singh brought the posting orders of Head Constable Satpal Singh. PW-13 Constable Tarlok Singh, is a formal witness, who tendered into evidence his affidavit Ex.PW13/A. PW-14 Head Constable Gurmit Singh deposed regarding delivering of Special Report to the Illaqa Magistrate.
At the close of prosecution evidence, the accused- appellants were examined under Section 313 Cr.P.C. and they denied the correctness of the evidence and pleaded themselves as innocent.
No witness was examined in defence.
On the basis of the evidence produced by the prosecution, accused-appellants were convicted and sentenced by the learned Addl. Sessions Judge (Adhoc), Patiala, as stated above.
At the time of arguments, learned counsel for the appellants argued that accused-appellants are innocent and have been falsely implicated in the present case. The version of the Gulati Vineet 2013.10.11 17:29 I attest to the accuracy and integrity of this document Chandigarh Crl. Appeal No.S-1235-SB of 2002 and connected case -8- prosecution is improbable. He further argued that the oral statements are totally contradictory. The own version of the prosecution creates reasonable doubt its case. He next argued that twelve persons were named in the present case, out of which three have been acquitted and nine appellants have filed the present appeal. Learned counsel for the appellants further argued that twelve persons with deadly weapons attacked the complainant's side and none of them received any serious injury. The complainant Head Constable Satpal, who was heading the police party, has not received any injury. His version that he was armed with govt. rifle and he fired three shots from his weapon and then the accused-appellants ran away, also looks unnatural. He further argued that no motive has been shown as to why the appellants caused injuries to them. He next contended that again the version of the prosecution looks improbable that Madan Pal Singh and Kanwar Pal Singh got recorded the DDR at midnight and they were sent for medico-legal examination as there were minor injuries on their person and then the police party started for the village on the basis of the DDR. Learned counsel for the appellant further contended that even the medical evidence is contradictory and shows that a false version has been concocted to falsely implicate the accused- appellants. The PWs are not trustworthy and cannot be believed. The PWs have stated that out of these appellants, some of the appellants were armed with Sua and they gave injuries with sua but no punctured wound was found in the present case. Injury No.1 on the person of Labh Singh was stated by sharp edged weapon and Gulati Vineet 2013.10.11 17:29 I attest to the accuracy and integrity of this document Chandigarh Crl. Appeal No.S-1235-SB of 2002 and connected case -9- grievous. The other two injuries were with blunt weapon. Similarly, when Kanwar Pal Singh was firstly medico-legally examined, there were two injuries with blunt weapon and when he was again examined later on after this occurrence, then four injuries with blunt weapon were shown but earlier two injures were not found mentioned, which itself creates doubt in the prosecution version and false record has been prepared in the present case. Learned counsel for the appellants further argued that the injuries on the person of Madan Pal Singh, which he received in the earlier occurrence regarding which DDR No.26 dated 29.06.1997 was registered, were only shown as incised wound on fingers only. Rishi Pal has also received incised wound on right middle finger on the lateral side and abrasion of the right arm. He further contended that all these injuries are fabricated and the occurrence has not taken place as deposed by the PWs and genesis of the occurrence has been concealed. Learned counsel for the appellants, therefore, argued that there being merit in the appeal, the same should be allowed and appellants should be acquitted and the revision petition, having no merits should be dismissed.
On the other hand, learned Asstt. Advocate General, Punjab for the respondent-State as well as learned counsel for the complainant argued that injured witnesses and complainant have consistently deposed regarding the prosecution version. Their statements have been duly supported by medical evidence and the investigation of the case. There is no motive or enmity to falsely implicate the accused-appellants. Therefore, they argued that there Gulati Vineet 2013.10.11 17:29 I attest to the accuracy and integrity of this document Chandigarh Crl. Appeal No.S-1235-SB of 2002 and connected case -10- being no merit in the appeal, it should be dismissed.
Learned counsel for the revision-petitioner (complainant) further argued that sentence imposed upon accused-respondents should be enhanced and compensation of ` 2 lacs should be given to the injured.
I have gone through the evidence on record minutely and carefully and have heard learned counsel for the appellants and learned Asstt. Advocate General, Punjab for the respondent-State as well as learned counsel for the revision-petitioner.
From the evidence on record, I find merits in the arguments of learned counsel for the appellants. First of all, as per prosecution version injured Madan Pal Singh and Kanwar Pal Singh got recorded DDR No.26 dated 29.06.1997 for simple injuries which they have received at midnight. As per the prosecution version, they were sent for medico-legal examination and their examination was conducted. As per PW-3 Dr.Parineeta Kaur Sachdeva, Madan Pal Singh was examined and only two incised wound were found, on the ring finger and middle finger. She stated that kind of weapon used for both the injuries was blunt. On one hand PW-3 is stating those injuries as incised wounds whereas on the other hand, the weapon used was stated to be blunt, which is totally contradictory. PW-3 Dr.Parineeta Kaur Sachdeva in cross-examination has stated that the injured as well as the person accompanying him told her that the injuries have been received by the blow of iron rod, which means that iron rod is blunt weapon and with blunt weapon, incised wound cannot Gulati Vineet 2013.10.11 17:29 I attest to the accuracy and integrity of this document Chandigarh Crl. Appeal No.S-1235-SB of 2002 and connected case -11- be caused and there is nothing on the record that iron rod was having sharp edge etc. Therefore, this opinion of the doctor itself creates doubt in the prosecution version.
Again, PW-2 Dr.Suvir Kumar, who examined Kanwar Pal Singh at 2.00 A.M. i.e. regarding the earlier occurrence, found only two injuries. One is swelling over right lower arm extending to wrist and other was mild swelling over lower part of right thumb. Both these injuries were declared simple. Kanwar Pal Singh was again examined at 7.10 A.M. on the same day i.e. after the occurrence of the present case and four simple injures were found on his person but strangely enough, the earlier injuries found by the doctor at 2.00 A.M., were not mentioned, which fact also creates doubt in the prosecution version. PW-2 Dr.Suvir Kumar also found three injuries on the person of Labh Singh, out of which, injury No.1 was incised wound on left arm whereas the other injuries were lacerated wound and swelling. In the cross-examination, PW-2 has stated that possibility of injury Nos.1 and 2 on the person of Kanwar Pal Singh by fall or with blunt weapon, cannot be ruled out. All the injuries on the person of Kanwar Pal Singh, who was examined later on second time by him, could be caused with blunt weapon or by fall. He stated that he sent the injured, after first examination at 2.00 A.M., and later on he was again examined at 7.10 A.M. and he showed the remaining injuries on his person. The doctor admitted that there is cutting regarding time of arrival and examination of injured in MLR copy Ex.P12. These cuttings are not initialed by him. He also admitted that DDR and FIR Gulati Vineet 2013.10.11 17:29 I attest to the accuracy and integrity of this document Chandigarh Crl. Appeal No.S-1235-SB of 2002 and connected case -12- number are not mentioned in the MLR of Labh Singh, that it was a private case. The arrival time of injured is not mentioned in MLR. PW-2 further admitted that no serial number has been mentioned on the MLR proformas. He also admitted that such MLR proformas in loose and blank are lying in his MLR register. There is a certificate regarding the MLR register containing 191 pages. Pages from 20 to 26 are missing and the pages No.1 to 90 are loose and out of which, some are blank. He also admitted that MLR register brought by him contains 191 pages and the first 10 pages of the same are lying blank and crossed. He further admitted that when he appeared on the last date of hearing before the Court of CJM, Patiala, some of the papers of his register were loose and thereafter, he got his register bound. He admitted that on the first pages from 1 to 10 of the MLR register, no writing was done and after the entry of Shiv Dayal, which has been entered at page 11, the second entry is of Kanwar Pal Singh and then Labh Singh and it goes on. All this cross-examination shows that MLRs have been prepared on loose sheets without giving any serial number. The MLR register of the doctor was having some of the pages missing and some of the pages were blank. There is also no mention of time of arrival of injured and there is also cutting, which is not initialed by the doctor. All these facts create reasonable doubt regarding the medico-legal examination of the injured as well as the injuries found on their person.
Further, I find that doctors have not found any punctured wound on the person of any of the injured. As already discussed, Gulati Vineet 2013.10.11 17:29 I attest to the accuracy and integrity of this document Chandigarh Crl. Appeal No.S-1235-SB of 2002 and connected case -13- there is only one sharp injury, which has been shown on the injured Labh Singh and injuries on the person of Madan Pal Singh were incised wounds, i.e. one incised wound between middle and ring finger and one incised wound on middle finger and injury on the person of Rishi Pal was incised wound on the right middle finger. The other injuries were stated to be with blunt weapon. As regarding injuries on the person of Madan Pal Singh, the doctor has stated that these injuries are caused with blunt weapon. All the PWs have deposed regarding giving of injuries by stating that these have been given with gandasi, sua, dangs etc. In view of the nature of injuries, the version looks totally improbable and unnatural. PW-7 Kanwar Pal Singh has stated that accused attacked their car and damaged it and glasses were broken and they inflicted injures on their person. Chaman Lal gave gandasi blow on his left leg. Deep Chand gave gandasi blow on his forehead. Ashok alias Billu gave sua blow on his left leg. Gulzar Singh gave dang blow on his left shoulder. Bal Kishan gave gandasi blow on the left arm of Labh Singh. Madan Pal Singh and Rishi Pal also received injuries stated to be caused by accused. PW-6 Satpal Singh has stated that all the accused caused injuries with gandasi, sua and dangs to them. PW-7 Kanwar Pal Singh also stated that on reaching the spot, only Head Constable Satpal Singh came out from the car and a quarrel took place for 2/3 minutes, which looks unnatural that these injuries were given when these injured persons were sitting in the car. Otherwise also, the version of the prosecution looks unnatural that at midnight, injured Madan Pal Singh Gulati Vineet 2013.10.11 17:29 I attest to the accuracy and integrity of this document Chandigarh Crl. Appeal No.S-1235-SB of 2002 and connected case -14- and Kanwar Pal Singh came at 12.10 A.M. for getting registered DDR and they were medico-legally examined at 2.00 A.M. regarding two injuries on the fingers of Madan Pal Singh with iron rod and two injuries on the person of Kanwar Pal Singh, which are on right lower arm and lower part of right thumb. Then the police party after registering the DDR started for the village Bhukhri in the car of Madan Pal Singh and Kanwar Pal Singh. The fact that Head Constable Satpal Singh, who was heading the police party, has not received any injury, also creates doubt in the prosecution version. The fact that Head Constable Satpal Singh was armed with rifle, even then, the accused-appellants caused injuries to the injured, also looks unnatural. The fact that twelve persons gave injuries with deadly weapons and the injured received only few and simple injuries, except one incised wound, also creates doubt in the prosecution version and the prosecution case look unnatural. Again, no enmity or motive has been shown as to why the police party was attacked. It looks unnatural as to how these twelve persons were knowing that police party is coming along with Madan Pal Singh and Kanwar Pal Singh in their car and they got together at 4.00 A.M. on the spot. The version that the injuries were given when they were sitting in the car, does not look believable.
Therefore, from the evidence on record, I find that a reasonable doubt exists in the prosecution version. The genesis of the occurrence has been concealed. The occurrence has not taken place as deposed by the PWs. The medical evidence is also not Gulati Vineet 2013.10.11 17:29 I attest to the accuracy and integrity of this document Chandigarh Crl. Appeal No.S-1235-SB of 2002 and connected case -15- proved beyond reasonable doubt. Keeping in view the cross- examination of the PWs, possibility of fabrication of injuries in the present case also cannot be ruled out.
In view of the above, I find that a reasonable doubt exists regarding the prosecution version. The PWs also cannot be held as reliable witnesses. Therefore, giving benefit of doubt to the appellants, I acquit them of the charges framed against them. The impugned judgment of conviction and order of sentence passed by learned Addl. Sessions Judge (Adhoc), Patiala are set aside. Since, the appellants are on bail, their bail bonds stand discharge.
Resultantly, the appeal stands allowed.
CRR No.2219 of 2002 As the appellants have been acquitted of the charges framed against, therefore, the present revision petition stands dismissed.
(INDERJIT SINGH)
October 03, 2013 JUDGE
Vgulati
Gulati Vineet
2013.10.11 17:29
I attest to the accuracy and
integrity of this document
Chandigarh