Punjab-Haryana High Court
Ram Charan And Another vs State Of Haryana on 23 April, 2012
Author: Jasbir Singh
Bench: Jasbir Singh, Sabina
CRA No. 440-DB of 2002 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
*****
CRA No. 440-DB of 2002
Date of decision : 23.4.2012
Ram Charan and another .......Appellants
Vs.
State of Haryana ..........Respondent
CORAM :Hon'ble Mr. Justice Jasbir Singh
Hon'ble Mrs. Justice Sabina
Present:- Mr. M.S.Dhillon, Advocate, for the appellants
Mr. G.S. Chahal, Addl. AG, Haryana
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Jasbir Singh, J.
Appellants Ram Charan and Sham Karan along with Amit Kumar, their brother, were put to face the trial for commission of offences under Sections 302, 323, 324, 506/34 IPC, in FIR No. 34 dated 9.6.1998.
It was allegation against them that on the above date, in the area of Village Thambar, in furtherance of their common intention, they committed murder of Raghbir Singh and have also caused injuries on the person of Karan Singh (PW 8) and Kamaljit Singh. As per allegation, they have also threatened to kill the above named two persons.
The process of law was started on a statement made by Karan Singh (PW-8) (nephew of deceased Raghbir Singh). His statement was recorded by ASI Jagpal Singh (PW-14) at 8.45 A.M. on 9.6.1998. FIR No.34 was recorded against the above named three accused on 9.6.1998. On account of his serious condition, Raghbir CRA No. 440-DB of 2002 -2- Singh (deceased) was shifted to PGI, Chandigarh, where he died on 10.6.1998 at 2.30 P.M. The trial Judge has noted following facts regarding case of the prosecution:-
"That Raghubir Singth and Arjun Singh who are real brothers are having adjoining plots (baras) used for tathering cattle and storing dung cakes etc. Adjoining the plot (bara) of Arjun singh, is the plot/bara of Ram Charan accused. The case of the prosecution is that the cattle belonging to Ram Charan used to enter the plot/bara of Raghubir Singh and used to eat the fodder lying there. Despite the fact that Raghubir Singh protested about it several times, Ram Charan did not pay any heed to it. On the night intervening 8/9.6.1998 the cattle belonging to Ram Charan entered the bara/plot of Raghubir Singh and grazed the fodder lying there. On 9.6.1998 at about 5.30 A.M. when Raghubir Singh came to his bara, he found the cattle belonging to Ram Charan sitting in his plot/bara. So he took the said cattle to the plot/bara of Ram Charan where he was putting fodder to the remaining cattle. Raghubir Singh lodged a protest about letting loose of the cattle by Ram Charan and also asked him that he should tather his cattle properly. The said protest enraged Ram Charan who started abusing Raghubir Singh loudly in filthy language. Hearing the noise Sham Karan and Amit Kumar came there. Sham Karan was armed with gandasi whereas Amit Kumar was armed with a lathi. On the other hand, Kanwaljit and Karanjit also came there. Ram Charan brought a tokka from the 'khurli' and gave a blow thereof on the head of Raghubir Singh as a result of which Raghubir Singh fell down on the earth in unconscious condition and blood started oozing out of the said injury.CRA No. 440-DB of 2002 -3-
When Karanjit intervened to save Raghubir Singh, Sham Karan gave a gandasi blow to him on his back. He made another attempt to inflict another injury to Karanjit with the gandasi. However, Karanjit Singh save himself and the gandasi hit the ground and was broken. Amit gave a lathi blows to Kanwaljit Singh and Karanjit. The alarm raised by Kanwaljit and Karanjit attracted a number of persons. Seeing them all the accused ran away to their houses with their respective weapons."
Raghbir Singh and Karan Singh were taken to the Civil Hospital, Mulana, where they were medico legally examined by Dr. Jitender Kumar (PW-16) at 6.45 A.M. On 9.5.1998. On the person of Raghbir Singh, one injury was found at his head. Four injuries were found on the person of Karan Singh (PW-8). Kanwaljit Singh-injured was medico legally examined by Dr. Shiv Anand (PW-1). Three simple injuries were found at his person.
Doctor on duty in Civil Hospital, Mulana, sent a message to the nearest police station from where V.T. message was sent to Police Station Barara. On receipt of above message, ASI Jaspal Singh (PW-14) went to the hospital, moved the applications Ex.PH and PG, seeking opinion of the doctor regarding fitness of the injured. Vide report Ex.PG/1, the doctor opined that Karan Singh (PW-8) injured was fit to make a statement, whereupon, statement Ex.PO of Karan Singh (PW-8) was recorded. The Investigating Officer then went to the place of occurrence, prepared rough site plan Ex.PT/2, with correct marginal notes.
On 10.6.1998, ASI Jaspal Singh (PW-14), received a CRA No. 440-DB of 2002 -4- message regarding death of Raghbir Singh, whereupon, offence under Section 302 IPC was added in the FIR. The investigation was taken over by SI Parshotam Lal (PW-16). He along with ASI Jaspal Singh (PW-14) went to the PGI, Chandigarh, prepared inquest report Ex.PS on the dead body and sent it for post-mortem examination which was conducted by Dr. Aditya Kumar Sharma (PW-12) on 11.6.1998. SI Parshotam Lal (PW-16) arrested all the three accused near Grain Market, Barara, on 11.6.1998. Ram Charan accused suffered a disclosure statement which led to the recovery of weapon of offence. In the same manner, weapon of offence was also got recovered by Sham Karan accused.
In the meantime, the Investigating Officer has also taken into possession blood stained earth from the place of occurrence against a recovery memo. Statements of the witnesses were recorded and on completion of investigation, final report was put in Court.
It is important to note here that on 10.6.1998, ASI Jaspal Singh (PW-14), received a V.T. message from Police Post Rakshak Vihar, Jagadhari, regarding admission of Lata wife of Ram Charan, in Civil Hospital, Jagadhari. Her statement was recorded. Injuries at her person were noticed. However, thereafter, no action was taken.
After their arrest on 11.6.1998, SI Parshotam Lal (PW-16) got Ram Charan and Sham Karan medico legally examined on 12.6.1998. As per report Ex. DA, injuries were found on the person of Ram Charan and Sham Karan accused.
On completion of investigation, final report was put in CRA No. 440-DB of 2002 -5- Court. Copies of the documents were supplied to the appellants- accused as per norms. Case was committed to the competent court for trial. All the three accused were charge sheeted for commission of offences under Sections 302, 323, 324, 506/34 IPC vide order dated 14.9.1998. They pleaded not guilty and claimed trial.
The prosecution produced 16 witnesses and also brought on record documents to prove its case. On completion of prosecution evidence, separate statements of all the accused were recorded under Section 313 Cr.P.C. Incriminating material existed on record was put to them which they denied and claimed false implication.
Appellant Ram Charan in his statement deposed as under:-
"I am innocent. I have been falsely implicated in this case. As a matter of fact Karan Singh, Kanwaljit, Arjan Singh and Raghbir Singh accused who were having a lathi fitted with iron patti attacked me in my bara and started giving beating to me. Raghbir Singh deceased was pushed away who fell on the khurali in my bara. I snatched the lathi with iron patti which I hit on the back of Karan Singh. The complainant party bored grudge against me on the matter of cattle. I made hue and cry to save myself and thereafter my brother Sham Charan came. The complainant party assaulted me when I was in my bara."
To the same effects are the statements made by accused Sham Karan and Amit Kumar.
The trial Judge, on perusal of evidence, found accused- appellant Amit Kumar not guilty and accordingly, he was acquitted. Whereas both the accused-appellants were convicted for commission of an offence under Section 302/34 IPC and under Section 324/34 CRA No. 440-DB of 2002 -6- IPC, vide the impugned judgment dated 28.3.2002. On 30.3.2002 they were sentenced to undergo life imprisonment and to pay a fine of Rs.5000/-each for commission of offences punishable under Section 302/34 IPC with a default clause. They were also sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/-each for having committed an offence punishable under Section 324/34 IPC with a default clause. Hence, this appeal.
Counsel for the appellants contended that appellant No.2 Sham Karan has wrongly been convicted for commission of an offence under Section 302 IPC with the aid of Section 34 IPC. As per evidence on record, there was no pre meeting of minds. It was a sudden fight between appellant No.1-Ram Charan and the deceased- Raghbir Singh and his family, which attracted Sham Karan to the place of occurrence. He has not caused any injury to the deceased Raghbir Singh. It is only allegation against him that he has caused three simple injuries to the complainant Karan Singh (PW-8). In the alternative, he argued that against both the appellants, no case is made out under Section 302 IPC. There is nothing on record to show that the appellants have any motive to commit the crime. It appears to be a sudden fight on account of buffaloes of the appellants eating away grass stored by the deceased. It was he who has gone to the bara of appellant No.1. He was followed by Karan Singh (PW-8) and his family members. As per facts on record, hot words exchanged, some injuries were caused to appellant No.1 by the complainant party. Noise attracted appellant No.2 to the place of occurrence, who saved CRA No. 440-DB of 2002 -7- appellant No.1. In that process, he may have caused simple injuries to Karan Singh (PW-8). To the deceased only one injury was caused by appellant No.1 and assault was not repeated. There was no past enmity between the parties. The fight has started out on a very trivial issue as stated above. He prayed that under the circumstances, appellant No.1 was wrongly convicted for commission of an offence under Section 302 IPC. By stating as above, a prayer has been made that the appeal be allowed and the appellants be acquitted of the charges framed against them.
Prayer made, has vehemently been opposed by the State counsel. He, by making reference to the statements made by Karan Singh (PW-8) and Daya Wati (PW-9), both the eye witnesses, medical evidence on record and statements of the police officials, argued that the trial Judge was justified in awarding conviction and sentence to both the appellants. He prayed that appellants were the aggressors for nothing. They have killed Raghbir Singh and caused injuries to Karan Singh (PW-8) and Kanwaljit Singh. A prayer has made to dismiss the appeal, having no substance.
As per admitted facts on record, after receipt of the injuries, Raghbir Singh (deceased) was shifted to Civil Hospital, Mulana, where he was medico legally examined by Dr. Jitender Kumar (PW-6) on 9.6.1998. On the person of Raghbir Singh (deceased), following injury was found:-
"10 x 2 cm incised wound on the scalp in the mid line with fresh bleeding was present. Skull bone was cut and brain matter coming out. Stitches and anti-septic dressing was CRA No. 440-DB of 2002 -8- done. X-ray and CT Scan of head was advised. The patient was referred to PGI, Chandigarh for management."
Injury was found sufficient to cause death in the ordinary course and it was ante-mortem in nature.
On that very date, above witness, medico legally examined Karan Singh (PW-8) and found the following injuries at his person:-
"1. 6 x 2 x 1.5 cm incised wound on the back, just on the left shoulder with fresh bleeding;
2. 12 x 2 cm bruise of reddish blue colour on the front of the left side of the chest;
3. 4 x 3 cm bruise in the right arm pit;
4. 2 x 3 cm graze abrasion on the back of the right wrist joint with fresh bleeding."
All the injuries were simple in nature.
It has also come on record that Kanwaljit Singh was medico legally examined by Dr. Shiv Anand (PW-1) on 9.6.1998. Following injuries were found at his person:-
"1. Abrasion mark 1 cm x ½ cm on the ring finger of left hand;
2. Abrasion mark 4 cm x 3 cm on the posterior surface of back of right elbow joint. Movement of the right elbow joint were normal;
3. Abrasion mark 1 cm x ½ cm on the left thumb of left foot."
All the injuries were simple in nature.
The injuries to Kanwaljit Singh were alleged to have been caused by Amit Kumar accused, who was acquitted vide the impugned judgment. Facts stated above indicate that after causing one injury to the deceased, accused Ram Charan did not made any CRA No. 440-DB of 2002 -9- attempt to repeat the same. Similarly, injuries to Karan Singh (PW-8) were caused on his non-vital parts and those were simple in nature. Injuries caused to Kanwaljit Singh, were also simple in nature and on non-vital parts of his body. Medical evidence on record clearly indicates that the appellants did not attempted to take undue advantage of the situation and have not acted in a cruel manner.
Furthermore, as per deposition made by Karan Singh (PW-8), Raghbir Singh-his uncle upon noticing that grass stored by him has been eaten away by animals of the appellants, he went to the bara of appellant No.1 to protest. It is stated that on raising an objection, appellant No.1 got enraged and started hurling abuses loudly. On hearing the noise, Karan Singh (PW-8), his brother Kanwaljit Singh and Daya Wati (PW-9) wife of the deceased also reached at the spot. Thereafter, Sham Karan and Amit Kumar came to the spot. Sham Karan caused injuries to Karan Singh (PW-8) and Amit Kumar caused injuries to Kanwaljit Singh. Both the accused have not caused any injury to the deceased. To the same effect is the statement made by Daya Wati (PW-9). It is also stated by these witnesses that altercation took place when objection was raised regarding eating away of grass by the animals. Both the witnesses have not stated that there was any previous enmity between the parties. The very fact, that Sham Karan came to the place of occurrence when altercation has already been started between the deceased and Ram Charan, shows that there was no meeting of minds to commit the murder. It appears that everything has happened in a CRA No. 440-DB of 2002 -10- sudden fight which was started on a very trivial issue as stated above.
A fact, that some scuffle has taken place there between the parties, is proved on record, as per deposition made by ASI Jaspal Singh (PW-14). He has admitted that on 10.6.1998, he received a V.T. message from Police Post Rakshak Vihar, Jagadhari, to the effect that wife of Ram Charan accused was admitted in the Civil Hospital, Jagadhari, in an injured condition. This witness has further admitted that he went to Jagadhari and recorded statement of Lata under Section 161 Cr.P.C. However, no further action was taken. All the above accused were arrested on 11.6.1998 by SI Parshotam Lal (PW-
16). He got them medico legally examined from Civil Hospital, Mulana. As per medical prescription slip Ex.PA, injuries were found on the person of both the appellants. The prosecution has failed to give any explanation for the above injuries. In view of above, there exist sufficient evidence to say that a sudden fight might have taken place between the parties. It has also come on record that injury to the deceased was caused by appellant Ram Charan, after picking up a cutting weapon from the spot when deceased went to his place/bara to lodge a protest. It appears that something might have been said by the deceased which may have enraged appellant No.1 and in a hush of anger, injury appears to have been caused to the deceased by him. After causing one injury, assault was not repeated. In the process of trial and during pendency of appeal, appellant Ram Charan has undergone six years and three months of sentence. Similarly, Sham Karan has undergone five years and 18 days of actual sentence. CRA No. 440-DB of 2002 -11-
In view of the above, qua appellant No.1-Ram Charan, this appeal is partly allowed. His conviction and sentence, awarded under Section 302 IPC is set aside. He is convicted for commission of an offence under Section 304 Part II IPC and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.5,000/-. In case of default in the payment of fine amount, he will further undergo six months of imprisonment.
Qua Sham Karan-appellant No.2, this appeal also is partly allowed. His conviction and sentence under Section 302 IPC is set aside and he is acquitted of the above charge. He is individually found guilty in causing injuries to Karan Singh (PW-8) and, accordingly, convicted for commission of an offence under Section 324 IPC. He is sentenced to the period of imprisonment already undergone by him.
In the above manner, appeal stands disposed of.
(JASBIR SINGH) JUDGE (SABINA) JUDGE 23.4.2012 Ashwani