Gulzar Singh vs State of Punjab

T.P.S. Mann, J.—In theinstant appeal the Appellant has challenged the judgment and order dated 16/17.5.1997 passed by Additional Sessions Judge, Ropar, whereby he was convicted and sentenced as follows:

(i) Convicted u/s 307 IPC and sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs. 1,500/-, and in default of payment of fine, to undergo further rigorous imprisonment for six months;

(ii) Convicted u/s 326 IPC and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,000/-, and in default of payment of fine, to undergo further rigorous imprisonment for three months;

(iii) Convicted u/s 325/34 IPC and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/-, and in default of payment of fine to undergo further rigorous imprisonment for one month; and (iv) Convicted u/s 450 IPC and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,000/-, and in default of payment of fine to undergo further rigorous imprisonment for three months.

All the substantive sentences were ordered to run concurrently.

According to the prosecution, on 4.3.1993, when Nasib Singh-injured was talking and Rajinder Kumar and Dharam Singh at his Bara, accused Gulzar Singh armed with a Kulhari and accused Jaswant Singh with a Lathi came there. Both of them started abusing Nasib Singh-injured. Gulzar Singh gave a Kulhari blow which hit Nasib Singh-injured on his head, as a result of which he fell down and while he was lying on the ground Gulzar Singh gave another Kulhari blow on his nose. Jaswant Singh-accused gave two Lathi blows on the left arm of the injured. One more blow was given by Jaswant Singh on the right knee of the injured.

After the occurrence, injured-Nasib Singh was taken to Civil Hospital, Mohali where he was medically treated. On 5.3.1993, an intimation was sent by the doctor to the concerned Police Station. Accordingly, ASI Gian Dass alongwith other police officials, reached the hospital and sought an opinion from the attending doctor as to whether the injured was fit enough to make a statement. The doctor declared the injured unfit from 5.3.1993 to 9.3.1993 for making a statement. Ultimately on 10.3.1993 he was declared fit to make a statement and, accordingly, his statement was recorded on the basis of which FIR No. 10 dated 10.3.1993 was registered at Police Station, Sohana.

During investigation of the case, the Investigating Officer inspected the spot and prepared site plan. Blood stained clothes of the injured were taken into possession and the accused were arrested on 29.3.1993. Kulhari Ex.P1 was got recovered by Gulzar Singh-accused while Lathi Ex.P2 by Jaswant Singh-accused. After completion of the investigation and other formalities, the challan was presented against both the accused. The case was then committed to the Court of Sessions as offence u/s 307 IPC was exclusively triable by the Court of Sessions. Charges against both the accused were framed under Sections 307, 326, 325/34 and 450 IPC. Later on, Jaswant Singh-accused was declared a juvenile and his case was separated and sent to the appropriate Court.

In order to prove its case, the prosecution had examined nine witnesses. Out of them, PW5 Nasib Singh PW6 Dharam Singh deposed about the ocular account, whereas the medical evidence was proved by PW1 Dr. Harbant Singh, PW2 Dr. Raman Nijhawan, PW3 Dr. Amrit Pal Singh and PW4 Dr. Vandana Sehgal. The investigation part of the case was deposed to by PW8 ASI Gian Singh. Recovery of blood stained turban and khesi was proved by PW7 Rajinder Singh while PW9 Jita Singh testified about the motive.

When examined u/s 313 Cr.P.C., Gulzar SinghAppellant had stated that he was falsely implicated in the case. However, no evidence was led by him in defence.

The trial Court believed the prosecution case and convicted and sentenced the Appellant as mentioned above.

I have heard learned Counsel for the parties and perused the evidence with their able assistance.

It is clear from the testimonies of PW5 Nasib Singh and PW6 Dharam Singh that it was the Appellant and his son Jaswant Singh, who had caused injuries to Nasib Singh on 4.3.1993. At that time, accused Gulzar Singh accused was armed with a Kulhari and Jaswant Singh with a Lathi. On account of the injuries, Nasib Singh had become unconscious. It was only on 10.3.1993 that he was declared fit enough to make a statement and, accordingly, A.S.I. Gian Dass recorded his statement on the basis of which formal FIR was registered on 10.3.1993.

The testimonies of both the witnesses stand corroborated by PW2 Dr. Raman Nijahwan, who medico-legally examined injured Nasib Singh on 4.3.1993 at about 10.45 P.M., and found the following injuries:

1" x 11/2 " lacerated wound skin deep on the extensor surface in the middle of left forearm. Fresh bleeding present.

1" x 0.2" lacerated wound on the front of forearm. Bleeding present. Arm shows abnormal movement. X-ray was advised.

1 cm skin deep incised wound on the bridge of nose.

2" x 0.2" long incised wound obliquely placed on the vault of skull. Bone cut, hair cut, fresh bleeding present. X-ray was advised.

2" x 1" bruise red in colour on the right knee joint. Tenderness present.

Injuries No. 1, 3 and 5 were declared simple, whereas injuries No. 2 and 4 were grievous in nature. After the receipt of X-ray report, injury No. 4 which was grievous in nature was declared dangerous to life as it had resulted in a fracture of the skull.

During investigation of the case, both the accused were arrested and weapon of offence used by them in the occurrence recovered at their instance.

In view of the above, no case is made out for interference in the conviction of the Appellant for the various offences.

From the records, it is apparent that during the investigation of the case the Appellant was arrested on 29.3.1993 and was released on bail on 3.4.1993, pursuant to bail order dated 2.4.1993. He was again taken into custody on 17.5.1997 upon being sentenced by the trial Court and granted bail on 12.2.1998. As per the custody certificate produced by learned State counsel in the Court today, the Appellant has undergone an actual period of eight months and twenty eight days in jail as a convict. Thus, out of the sentence of four years imposed upon the Appellant, he has already undergone an actual period of more than nine months.

The occurrence pertains to the year 1993. The trial Court took about four years in concluding the trial. The present appeal has remained pending in this Court for a period of about 13 years. At the time of the trial, the Appellant was 50 years of age. He must now be in his mid sixties. According to learned Counsel for the Appellant, his client''s only son Jaswant Singh expired during pendency of the trial. Taking into consideration the totality of the circumstances, the Court is of the view that no useful purpose would be served by sending the Appellant behind the bars, once again, so as to undergo the remainder of his sentence. Ends of justice would be amply met if the substantive sentence of the Appellant is reduced to that already undergone by him and the fine of Rs. 1,500/-imposed upon the Appellant for the offence u/s 307 IPC enhanced to Rs. 15,000/-.

Resultantly, the conviction of the Appellant for the offence under Sections 307, 326, 325/34 and 450 IPC is maintained. His substantive sentence of imprisonment on all the counts is reduced to that already undergone by him. The fine imposed for the offences under Sections 326, 325/34 and 450 IPC, alongwith their default clauses, are maintained. However, the fine of Rs. 1,500/-imposed upon the Appellant for the offence u/s 307 IPC is enhanced to Rs. 15,000/-which be deposited by him within three months from today, failing which he shall be required to undergo rigorous imprisonment for six months. The enhanced amount of fine, if deposited, be paid to injured Nasib Singh as compensation.