Punjab-Haryana High Court
Abhey Singh And Others vs State Of Haryana on 29 July, 2013
Author: K.C. Puri
Bench: K.C. Puri
Crl. A. No. 613 SB of 2001 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl. A. No. 613 SB of 2001 (O&M)
Date of decision : 29.7.2013
...
Abhey Singh and others
................Appellants
vs.
State of Haryana
.................Respondent
Coram: Hon'ble Mr. Justice K.C. Puri
Present: Sh. Raman Mahajan, Advocate
for the appellants.
Sh. Amit Kaushik, Senior Deputy Advocate General,
Haryana.
...
K.C. Puri, J.
This is an appeal directed by accused-appellants Abhey Singh, Noraj Singh and Bimla against the judgment dated 23.4.2001 and order dated 27.4.2001 passed by Sh. Kuldip Jain, Additional Sessions Judge, Rewari, vide which all the accused appellants have been convicted and sentenced as under:-
u/s 324/34 IPC To undergo rigorous imprisonment for a period of two years and to pay fine of `2,000/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of six months. Chugh Banita 2013.08.14 16:17 I attest to the accuracy and integrity of this document Crl. A. No. 613 SB of 2001 -2- u/s 323/34 IPC To undergo rigorous imprisonment for a period of six months and to pay fine of `500/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of two months. Both the sentences were ordered to run concurrently. The present case has been registered and investigated on the statement dated 25.1.1993 made by PW-7 Pardeep Kumar - complainant.
Briefly stated, the allegations as appearing in the statements of Kuldip Singh - injured and Rewati - injured are that on 24.1.1993, they alongwith Lali @ Ramratti, Satish, Kanwar Pal and Pawan had waylaid Kuldip Singh at a place near his house in the morning, when he had gone to ease himself. At that time Noraj and Bimla - accused/appellants armed with axes all other accused except Birhma armed with lathis were present there. When Kuldip cried for rescue, Kesho Ram caught hold of him by his arms. Abhey Singh -
accused/appellant gave a lathi blow on the head of Kuldip Singh. Noraj accused/appellant gave an axe blow from the sharp edged side on the left side of his forehead by exhorting that he had to be done away with. Upon this, Kuldip Singh fell down and thereafter Satish gave a lathi blow over his left shoulder followed by Lali who gave a lathi blow on his left upper arms. Kanwar Pal gave a lathi blow on his right hand which fractured the upper part of fingers. Sudesh gave a lathi blow on his right hand fingers. Birhma and Pawan raised lalkara to finish him. Rewati, mother and Bir Singh father of Kuldip Singh came to the place of occurrence on getting knowledge of the assault Chugh Banita 2013.08.14 16:17 I attest to the accuracy and integrity of this document Crl. A. No. 613 SB of 2001 -3- by the accused persons. Lali held Rewati with grip and Bimla - accused/appellant gave axe blows on her forehead as well as head, both above and blow the left eye and also on the right forearm. Noraj
- accused /appellant gave an axe blow on the head of Bir Singh. Rohtash and Pawan, eye witnesses of the occurrence raised a rescue call. Thereafter, all the accused ran away with their respective weapons from the place of occurrence. All the three injured namely, Kuldip Singh, Rewati and Bir Singh were removed to PHC, Khol but they were referred to Civil hospital, Rewari, but in view of precarious condition of all the injured they were further referred to Safdarjang Hospital, Delhi.
Statements of the injured persons was recorded by the police on 28.1.1993. During investigation, accused Noraj and Bimla got recovered axes. Lathis were got recovered by accused Abhey Singh and Satish. After completion of the investigation, challan was presented against accused Abhey Singh, Noraj, Bimla, Satish, Lali @ Ramgiri. Accused Kesho, Sudesh, Pawan, Birhma and Kanwar Pal were summoned to face trial vide order dated 25.4.1994. Accused Satish, Lali @ Ramgiri and Sudesh died after presentation of the challan. Accused Kanwar Pal was found to be juvenile and as such prosecution was directed to present a supplementary challan against him for onward transmission to the Juvenile Court.
The case was committed to the Court of Sessions. Charge under Sections 307, 326, 324, 323, 148, 149 IPC was framed against the accused persons, to which they pleaded not guilty and claimed Chugh Banita 2013.08.14 16:17 I attest to the accuracy and integrity of this document Crl. A. No. 613 SB of 2001 -4- trial.
In order to bring home guilt of the accused, the prosecution examined PW-1 SI Daya Nand, PW-2 Dr. S.S. Yadav, PW-3 Dr. A.N. Sinha, PW-4 Kuldip Singh - injured, PW-5 Jeet Ram SI, PW-6 Rewati - injured, PW-7 Pardeep - complainant, PW-8 Kanhiya Lal SI, PTC, Madhuban, PW-9 Dr. A.N. Sinha, PW-10 Dr. Dinesh Bhatnagar, Safdarjang Hospital, New Delhi. and closed the prosecution evidence.
After closure of the prosecution evidence, accused were examined under Section 313 Cr.P.C. and all the incriminating evidence was put to them to which they denied. No defence evidence was led by the accused.
After appreciation of the evidence on the file, the learned trial Court held Abhey Singh, Noraj and Bimla - accused guilty for offence under Sections 323, 324, 34 IPC and sentenced them to undergo imprisonment and fine as narrated above. Whereas accused Kesho Ram, Pawan and Birhma were acquitted.
Feeling dissatisfied with the judgment dated 23.4.2001 and order dated 27.4.2001 passed by Sh. Kuldip Jain, Additional Sessions Judge, Rewari, the accused - appellants have preferred the present appeal.
Learned counsel for the appellants has not challenged the conviction recorded by the trial Court, but has submitted that occurrence relates to the last more than 20 years and since then the appellants are undergoing protracted trial. Appellant Bimla has already undergone incarceration for a period of 4 days and appellant Chugh Banita 2013.08.14 16:17 I attest to the accuracy and integrity of this document Crl. A. No. 613 SB of 2001 -5- Noraj has undergone incarceration for a period of 11 days, out of their substantive sentence. Abhey Singh - appellant/co-accused has already died and appeal qua him has already been abated. The other party can be compensated with costs. To support his contention, learned counsel for the appellants has relied upon the authority reported as Narinder Singh vs. State of Punjab and others 2012 (1) RCR (Criminal) 173. It is further contended that Bimla is a lady and both the appellants Bimla and Noraj are on bail for the last more than 20 years. In case they are again sent to custody, it would disturb their family life.
I have considered the said submission and have also gone through the record of the case.
Although counsel for the appellants has not challenged the conviction recorded by the trial Court, but since this is the first appeal, I have myself gone through the record of the case. The ocular evidence given by the injured witnesses is corroborated by the medical evidence. So, in these circumstances, the conviction recorded by the trial Court under Sections 323, 324, 34 IPC stands affirmed.
Now, reverting to the quantum of sentence, the occurrence relates to January 1993 and since then they are facing trial. Appellant Bimla has already undergone incarceration for a period of 4 days and appellant Noraj has already undergone incarceration for a period of 11 days. As per the custody certificate, they are not the previous convicts, nor they have faced trial in any other case. The appellants Chugh Banita 2013.08.14 16:17 I attest to the accuracy and integrity of this document Crl. A. No. 613 SB of 2001 -6- have been convicted under Sections 324, 323, 34 IPC etc. So, considering all the circumstances, their sentence stands reduced to the period already undergone. However, they are directed to pay `15,000/- each as compensation within two months from today, failing which they shall undergo the sentence awarded by the trial court. There are three injured, namely, PW-6 Rewati, PW-4 Kuldip Singh and Bir Singh. All these three injured shall get compensation of `10,000/- each which shall be deposited by the appellants Bimla and Noraj. The sentence of fine awarded by the trial Court stands affirmed.
The appeal stands disposed of accordingly.
A copy of the judgment be sent to the trial Court for strict compliance.
( K.C. Puri ) 29.7.2013 Judge chugh Chugh Banita 2013.08.14 16:17 I attest to the accuracy and integrity of this document