Gyan Singh and Others vs State of U.P.

Vinod Prasad, J.—A family consisting of father Gyan Singh and his three sons Jabar Singh alias Pappu, Ajab Singh and Register alias Mahabir have been convicted by Additional Sessions Judge, Court No. 3, Saharanpur in S.T. No. 1365 of 1999, State v. Register alias Mahabir connected with S.T. No. 624 of 2000 Gyan Singh and others for offences under Sections 307/34 and 452, I.P.C. and all of them have been sentenced for 10 years R.I. with fine of Rs. 2,000 each for the first offence and 3-1/2 years R.I. with fine of Rs. 1,000 for the second offence vide his impugned judgment dated 13.7.2006. Trial Judge has further ordered that in default of payment of fine, the Appellants accused shall further undergo one year simple imprisonment and the period of imprisonment already served by them in jail shall be counted towards their aforesaid sentences, which shall run concurrently.

The prosecution version against the Appellants accused are that Om Pal brother of informant Vijay Pal Singh in a heat of anger threw a brick towards his wife Urmila but she budged slightly and pelted brick caused injury to the wife of Pappu alias Jabar Singh, (Appellant) for which injured wife lodged a complaint with her family members. Because of the aforesaid reason at 8 p.m., on that day 26.8.1999 Appellants Gyan Singh armed with lathi, Ajab Singh, Pappu alias Jabar Singh and Register alias Mahabir armed with knives raided the house of the informant Vijay Pal Singh and assaulted the family members with their respective weapons. On hue and cry, Madan Singh brother of Urmila Devi and co-villagers Jai Bhagwan reached on the spot, intervene in the assault and save the lives of the injured. They had witnessed the said incident in the lantern light. While escaping from the place of the incident, the accused had threatened the informant and other witnesses. Om Pal had sustained grievous injury and was immediately rushed to Government Hospital, Deoband from where he was referred to Government Hospital, Saharanpur. Informant Vijay Pal Singh scribed the F.I.R. and lodged it at police station, Deoband, District Saharanpur as Crime No. 507 of 1999 for offences under Sections 452, 307, 504 and 506, I.P.C. on 26.8.1999 at 1.30 p.m.

Investigating Officer commenced the investigation, recorded the statements of witnesses, made spot inspection, prepared site plan, copied the injury report of the injured Om Pal, recovered the blood stain T-shirt and after making other usual investigation submitted to two charge-sheets against all the Appellants in the Court and the accused were summoned by the Magistrate. On the basis of charge-sheet accused in both the charge-sheets were committed to the Court of Sessions by A.C.J.M., Deoband vide his order dated 10.12.1999 and 5.8.2000. 4th Additional Sessions Judge, Court No. 5, Saharanpur charged the Appellants Gyan Singh, Jabar Singh alias Pappu and Ajab Singh for offences under Sections 307/34 and 452, I.P.C. on 29.3.2001 and also charged the Appellant Register alias Mahabir for the said offence on 17.1.2002. Both the sessions trials being S.T. No. 1365 of 1999 and S.T. No. 624 of 2000 were clubbed together and were decided by the Additional Sessions Judge, Court No. 3, Saharanpur by passing the impugned judgment and order on 13.7.2006.

In the trial prosecution examined, informant Vijay Pal Singh, P.W. 1, eye-witness Jai Bhagwan P.W. 2, injured Om Pal P.W. 3, eye-witness Urmila Devi P.W. 4, Dr. Gyanendra Singh P.W. 5, S.I. Rajeev Dadriyal P.W. 6, Dr. Prabhat Kumar P.W. 7, constable G.B. Lal P.W. 8 and constable Sathish Kumar P.W. 9 and proved the F.I.R. exhibit Ka-1, medical report of Om Pal exhibit Ka-2, site plan exhibit Ka-3, recovery of blood stain T-shirt exhibit Ka-4, charge-sheet exhibit Ka-5 and Ka-6, operation note exhibit Ka-7 and Ka-8, X-ray report Ka-9 and other documents.

In their statements u/s 313, Cr. P.C., the accused took the usual defence of false implication and in their defence they examined Ram Pal Singh as D.W. 1.

After going through the evidences on record and by critically appreciating the facts and the evidences Additional Sessions Judge, Court No. 3, Saharanpur found the prosecution case proved beyond all reasonable doubts and hence convicted all the Appellants under Sections 307/34 and 452, I.P.C. and sentenced them as is mentioned in the opening part of the judgment.

The appeal preferred by the Appellants was admitted by this Court on 8.8.2006. In this appeal a compromise application was filed alongwith the affidavits of Gyan Singh, Appellant and Om Pal Singh injured that the parties have entered into a compromise. Alongwith the affidavit a compromise deed has also been filed, which is duly signed by the Appellants Gyan Singh, Jabar Singh alias Pappu, Ajab Singh and Register alias Mahabir and Om Pal Singh son of Chhajju the sole injured. The said compromise was sent to the trial court for its verification. Additional Sessions Judge, Court No. 3, Saharanpur on 27.11.2006 summoned the accused Appellants from jail as well as injured Om Pal Singh. On the aforesaid date both the sides verified the compromise before the Court in presence of their respective advocates Ang Pal Singh and Rishi Pal Singh and trial Judge thereafter returned the said compromise back to this Court, which is tagged alongwith record of this appeal.

In view of the said compromise, learned Counsel for the Appellants Sri P.N. Mishra contended that the remaining part of the imprisonment of the Appellants be altered into fine and their sentence of imprisonment as well as fine as awarded by the trial court be altered with the sentence of imprisonment already undergone and suitable fine be awarded.

Learned A.G.A. also stated that since the matter has been compromised by the sole injured, it is desirable that the substantive sentence of remaining part of the imprisonment be altered into fine.

I have gone through the impugned judgment and have considered the submissions raised by Sri P.N. Mishra, learned senior counsel and the learned A.G.A.

On the facts of the case, I consider that while maintaining the conviction of the Appellants for offences under Sections 307/34 and 452, I.P.C. their sentences be altered into the period of imprisonment already undergone with fine of Rs. 15,000 on each of the Appellants with compensation of Rs. 10,000 from each Appellant totalling to Rs. 40,000 to the injured Om Pal will be just and proper.

Resultantly this appeal is allowed in part. The conviction of the Appellants under Sections 307/34 and 452, I.P.C. are maintained but their sentences for both the offences are altered into the period of imprisonment already undergone by them with fine of Rs. 15,000 on each of the Appellants. Out of the said fine Rs. 40,000 is awarded as compensation to the injured Om Pal. The trial Judge is directed to release the Appellants on bail on their furnishing a personal bond of Rs. 1,00,000 and two sureties each in the like amount to its satisfaction for the purpose of realization of the amount of fine as has been awarded by this judgment. The Appellants are allowed two months time to deposit the fine awarded by this judgment. In the event, the Appellants fail to deposit the said amount of fine, trial Judge is directed to get them arrested and lodge them in jail to serve out the remaining part of the sentences as has been awarded by him through the impugned order.

After deposit of fine by each of the Appellants with trial court within the allowed period. Trial court is directed to disbursed Rs. 40,000 as compensation to the injured Om Pal within a period of two weeks thereafter.

With such alteration in sentences the appeal is partly allowed.