Attar Singh and Another vs State of Punjab

K.C. Puri, J.—By this common order, I intend to dispose of Criminal Appeal No. 430 SB of 2000 filed by the accused-appellants for acquittal and Criminal Revision No. 1178 of 2000 filed by the complainant for grant of compensation as both these appeal and revision arisen out of the same judgement and occurrence, convenience, facts are being taken from Criminal Appeal No. 430 SB of 2000. Attar Singh and another have directed this appeal against the judgment and order dated 3.5.2000 passed by Shri Jaspal Singh, learned additional Sessions Judge, Ferozepur vide which accused appellants stood convicted under Sections 307 read with Section 34 of the Indian Pena Code (in short - the IPC) and sentenced them to undergo rigorous imprisonment for a period seven years and to pay a fine of Rs. 5000/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of one year each.

Briefly stated the case of the prosecution as per version of PW 4 Jagir Singh, who is father of injured Devinder Singh is that on 19.8.1995 at about 8.30 a.m. he along with his son Davinder Singh had gone to his fields for bringing fodder in Bullock Cart. When he was cutting fodder his son Davinder Singh had gone to attend the call of nature at a distance of about half killa. Accused Swaran Singh and Attar Singh armed with kirpans came there. Accused Swaran Singh exhorted that they are going to teach a lesson to Davinder Singh for teasing the daughter of Swaran Singh''s sister-in-law. At this, accused Swaran Singh gave two kirpan blows which hit on his nose and cheek near left ear of Davinder Singh. Then, Attar Singh gave three kirpan blows, which resulted into infliction of injuries on his right arm, elbow inner side, small finger of right hand and on left leg frontal side on the person of Davinder Singh. On receipt of these injuries he fell down on the ground and both the accused continued to give kirpan blows on the person of Davinder Singh. On seeing this, he raised hue and cry and raised raula ''Marditta Marditta'' from a distance of half killa and after causing injuries both the accused ran away from the spot along with their respective weapons.'' It has further been alleged in the statement of the complainant that he did not go to the spot to rescue his son from clutches of the accused as he apprehended that if he had gone there he would also be given injuries by them. Then after arranging the vehicle injured Davinder Singh was brought to Civil Hospital, Zira from where the doctor referred him to Shri Guru Gobind Singh Medical College & Hospital, Faridkot as he was in a serious condition. He was rushed to Faridkot where he was medico-legally examined. The motive behind the occurrence was that Karni daughter of sister-in-law of Swaran Singh accused who was residing with Swaran Singh was having illicit relations with Davinder Singh injured which was not liked by the accused persons. The police recorded statement of Jagir Singh complainant and on the basis of which the present case was registered. Statements of the PWs were recorded. Rough site plan of the place of occurrence was prepared. After completion of necessary investigation, challan against the accused was presented in the Court for trial.

On finding a prima facie case trial Court framed a charge u/s 307 read with Section 34 of the IPC against the accused. The accused pleaded not guilty and claimed trial.

In order to establish its case, prosecution examined Dr. Rajinder Kumar (PW-1), Dr. Navkiran Kaur, (PW-2), Dr. Rachhpal Singh (PW-3), Jagir Singh (PW-4), Devinder Singh (PW-5), Tehal Singh (PW-6), Darshan Singh (PW-7), ASI Rajnish Kumar (PW-8), Constable Harnam Singh (PW- 9), HC Sukhpal Singh (PW- 10), ASI Azad Davinder Singh (PW-11) and closed its evidence.

When examined u/s 313 Cr.P.C. the accused denied all the allegations put to them in their statements and Accused Attar Singh pleaded innocence and stated that Karni, who is his close relative and is living with him had gone to meet the call of nature in the fields early morning on the day of occurrence as there was no latrine in his house. Davinder Singh injured assaulted and he was going to molest her. So, in order to save her he caused injuries to Davinder Singh and reported the matter to the police. He further stated that the occurrence did not take place in the fields of Davinder Singh as alleged by him and his father Jagir Singh but it has taken place in his fields. Jagir Singh (PW-4) and Swaran Singh accused were not present there. The defence taken by accused Swaran Singh is that he is innocent and has been involved in the instant case just being father of Attar Singh accused. During police investigation, he was found innocent. They examined Karamjit Kaur alias Karni as (DW-1).

The trial Court after hearing the learned counsel for the parties, convicted and sentenced said.

Feeling dis judgment and order, the accused-appellants have perferred the present appeal.

I have heard learned counsel for the parties and have gone through the records of the case.

Learned counsel for the appellants has submitted that so far as Swaran Singh accused is concerned, he has been declared innocent by the investigating agency and he has been summoned u/s 319 Cr.P.C. Even according to the prosecution he was aged about 60 years at the time of occurrence. The motive for the occurrence was not against Swaran Singh but was against Attar Singh, the other co-accused. Two injuries caused with the sword have been attributed to the appellant Swaran Singh but possibility of these injuries being caused by Attar Singh cannot be ruled out. In fact he has been falsely implicated just being father of Attar Singh.

As per conviction slip, the occurrence relates to the year 1995 i.e. more than 15 years ago. Age of Swaran Singh at that time was 60 years. Now he is more than 75 years. As per conviction slip he has undergone incarceration for a period of three months and nine days out of the substantive sentence of seven years under Sections 307 read with Section 34 IPC. Prayer has been made for acquittal and in the alternative it has been prayed that the sentence be reduced.

Learned counsel for the appellants has submitted that so far as accused Attar Singh is concerned, he has been attributed injuries but those injuries have been inflicted in the self-defence of Karamjit Kaur alias Karni. Swaran Singh accused is the husband of sister of her mother and Attar Singh is his son. Devinder Singh son of Jagir Singh injured came there and assaulted Karamjit Kaur alias Karni. Attar Singh reached there. He caused injuries to Devinder Singh just to save Karamjit Kaur alias Karni from the clutches of Devinder Singh.

It is further submitted that there is a huge delay in lodging the FIR and in sending the special report. The said delay has been used by the prosecution to falsely implicate the accused including Swaran Singh.

Learned counsel for the appellants has further submitted that investigating agency has not taken the blood-stained earth from the spot. So, the place of occurrence is not fixed by the prosecution. The occurrence has taken place in the fields of appellants.

It is further submitted that according to the prosecution version, the complainant party has gone to cut fodder for the cattle. No sickle or fodder was found by the investigating officer from the spot.

Learned counsel for the appellants has submitted that except injury Nos. 1 and 2 of the other eighteen injuries were on the non-vital part. No doubt, seven injuries on the person of Davinder Singh have been found to be grievous but the provisions of Section 307 IPC cannot be said to be attracted. From the fact that injuries are on non-vital part, the intention can be gathered that intention for causing injuries was not to cause the death of Davinder Singh injured but was only to save Karamjit Kaur alias Karni from his clutches. So, in these circumstances, even if the Court comes to the conclusion that Attar Singh has caused injuries to Davinder Singh, in that case, the injury would fall in the ambit of Section 326 IPC. Appellant-Attar Singh has already undergone incarceration for a period of five months and twenty seven days out of the substantive sentence of seven years u/s 307/34 IPC. The occurrence relates to the year 1995 and at that time age of appellant-Attar Singh has been recorded as 30 years and now he is more than 45 years. He has grown up children to look after and are of marriageable age. He is on bail since 2000. So, prayer has been made for reduction of sentence. It is submitted that the other party can be compensated u/s 357 Code of Criminal Procedure (in short-Cr.P.C). Court.

Learned State counsel has supported the judgment of the trial Court.

It is submitted that no complaint has been made by Karamjit Kaur alias Karni that she was subjected to molestation at the hands of Davinder Singh injured. There were as many as twenty injuries on the person of Davinder Singh and out of which nine injuries were found to be grievous in nature. So, it cannot be said that ingredient of offence u/s 307 IPC are not made out. The plea of self-defence of Karamjit Kaur alias Karni is not born out. Moreover, even if the injuries would have been caused in defence of Karamjit Kaur alias Karni, in that case injuries cannot be twenty with incised weapon.

The complainant has filed revision petition in which prayer has been made for grant of compensation to the tune of Rs. 5,00,000/- in view of Section 357 of the Cr.P.C.

I have thoughtfully considered the rival submissions made by learned counsel for the parties and have gone through the records of the case with their able assistance.

So far as the delay in lodging the FIR and sending the special report is concerned that stand fully explained. The occurrence has taken place at 8.30 a.m. on 19.8.1995. Davinder Singh-injured was removed to Civil Hospital, Zira and reached there at 10.30 a.m. The Medical Officer sent intimation to the Station House Officer but the condition of Davinder Singh was serious and he was referred to Guru Gobind Singh Medical college and Hospital at Faridkot for medical treatment. Davinder Singh reached in the said hospital at 11.15 a.m., where he was medico-legally examined. Statement, of Jagir Singh complainant was recorded at 2.45 p.m. on 20.8.1995 and FIR was registered at 5.30 p.m. on the same day. The report to the Illaqua Magistrate was sent by 8.00 p.m. On 20.8.1995. The first anxiety of the relatives is to save the life of the injured. Davinder Singh received as many as twenty injuries, out of which nine injuries were declared grievous in nature. So, in these circumstances, the delay in lodging the FIR stands fully explained. Otherwise also, the case of the appellant Attar Singh is of self-defence of Karamjit Kaur alias Karni and as such the delay is immaterial.

So far as the fact that no fodder or sickle has been recovered by the police does not make the case of the prosecution doubtful. Due to lapse of time, the fodder may have taken by the other family members. After all cattle cannot be allowed to starve. So, the mere fact that fodder or sickle were not lying at the spot, does not create doubt in the prosecution version.

So far as the submission that the prosecution has failed to prove the place of occurrence inasmuch as bloodstained earth has not been taken into possession, that also does not create doubt in the prosecution version. Due to passage of time, blood-stained earth may not be there.

The accused have examined DW-1 Karamjit Kaur alias Karni, who has stated that she has gone to the field of his Massar Swaran Singh to answer the call of nature and Davinder Singh came there. The investigating officer has proved the site plan but no specific question was asked to the investigating officer that occurrence has not taken place in the fields of complainant.

So far as the submission made by learned counsel for the appellants to the effect that the investigating agency declared Swaran Singh as innocent, and on that account, no case is made out against him is concerned, that submission is without any substance.

Injuries No. 1 and 2 on the person of Davinder Singh have been attributed to Swaran Singh. The eye-witness has stated that Swaran Singh inflicted these two injuries on the person of Davinder Singh and the remaining injuries were caused by Attar Singh and thereafter Davinder Singh has fallen on the ground. The eye-witness has further stated that thereafter both the accused/appellants have inflicted injuries.

So far as the submission made by learned counsel for the appellants to the effect that no motive of the occurrence has been proved is concerned that submission is without any substance. No doubt, Davinder Singh has stated that he has no illicit relation with Karamjit Kaur alias Karni. However, it so seems that accused have the suspicion about the illicit relations of Karamjit Kaur alias Karni with Davinder Singh. Karamjit Kaur alias Karni was residing with Swaran Singh. So, she has to speak in the tone of the appellant-Swaran Singh. In case Davinder Singh would have actually tried to commit rape as alleged by the appellants in that case Karamjit Kaur alias Karni might have suffered some injuries. She would not have kept quite and would have approached the police authority. Karamjit Kaur alias Karni has not stated that she approached the police authority. Even if the police authorities would not have heard Karamjit Kaur alias Karni in that case she would have filed criminal complaint against Davinder Singh. However, it is admitted case that no criminal case against Davinder Singh regarding alleged attempt of rape by Davinder Singh injured has been filed. Otherwise also, the number of injuries and nature of injuries show that it is not to save Karamjit Kaur alias Karni but with a view to teach a lesson to Davinder Singh-injured, as the appellants have suspicion that Davinder Singh has illicit relations with Karamjit Kaur alias Karni.

So, in view of the above discussion, the conviction recorded by the trial Court under Sections 307/34 IPC against both the appellants stands affirmed.

However, regarding quantum of sentence, Swaran Singh has mentioned his age as 70 years at the time of framing charge on 5.7.1996. So, he would be aged about 85 years as per charge sheet. However, at the time of recording statement of Swaran Singh u/s 313 Cr.P.C. On 9.2.2000, he has mentioned his age as 64 years. In the judgment, the age of Swaran Singh has been mentioned as 60 years. So, according to the said statements, he is more than 75 years as on today and is at the fag end of his life. As per conviction slip, Swaran Singh has undergone incarceration for a period of three months and nine days and is on bail after 26.7.2000. He is fating trial for the last fifteen years. Specifically two injuries have been attributed to him. Injury No. 2 attributed to the appellant-Swaran Singh has been declared grievous. So, keeping in view the age of Swaran Singh, the period of his incarceration i.e. three months and nine months and that he has undergone protracted trial for the last more than fifteen years, the sentence stands reduced to the period already undergone. However, he is directed to pay the amount of Rs. 20,000/- as compensation to injured Davinder Singh. That amount shall be deposited/paid to the injured Davinder Singh within two months from today failing which he shall undergo the remaining part of the sentence.

So far as Attar Singh appellant is concerned, he has given his age as 25 years at the time of framing the charge as on 5.7.1996. As many as twenty injuries were found on the person of Davinder Singh, out of which nine injuries have been declared grievous. The argument advanced by the learned counsel for the appellants that no offence u/s 307 IPC is made out is wrong on the face of it. No doubt, the injuries attributed to Attar Singh- appellant are on the non-vital part but the Court cannot ignore the fact that nine grievous injuries are sufficient to cause death in the ordinary course of nature, although on non-vital part. However, he has been facing trial for the last more than 15 years. The sentence should always commensurate with the offence complained of. So, keeping in view whole of the circumstances, end of justice will be met in case sentence u/s 307 IPC is reduced to the period of rigorous imprisonment of four years instead of seven years awarded by the trial Court. However, the appellant-Attar Singh shall pay compensation to the tune of Rs. 25,000/- to the injured. That amount shall be deposited/paid to the injured Davinder Singh within two months from today failing which he shall undergo the remaining part of the sentence, awarded by trial Court.

With the modification in the sentence, the appeal stands disposed of accordingly. A copy of this judgment be sent to the trial Court for strict compliance.