Harbans Singh vs State of Punjab and anr.

Harbans Singh Rai, J.

Harbans Singh petitioner was summoned in a complaint filed by Jasbir Singh. He was tried and convicted by Judicial Magistrate Ist Class, Nawanshahar, under section 326 of the Indian Penal Code. His appeal was also dismissed by the Additional Sessions Judge, Jalandhar. Feeling aggrieved, he has filed this revision petition.

As per version of Jasbir Singh he along with Joga Singh was going to his field at about 7.30 P.M. on 19.8 1984 in village Begumpur. When they reached near the fields of mother of the petitioner on the thorough fare, the petitioner came there carrying a Kulhari and caused injuries to the complainant. The occurrence was witnessed by Joga Singh and on his intervention, the petitioner ran away from the spot. The injured was removed to Civil Hospital, Nawanshahar and matter was reported to the police but no action was taken and feeling dissatisfied, the complainant filed a complaint on 13.9. 1984.

The motive according the complainant was that the brother of the petitioner namely Balbir Singh had taken a loan of Rs. 5000/ from the brother of the complainant and had refused to repay the same. A Civil suit was filed by the brother of the complainant for the recovery of the same which led to strained relations.

The conviction of the petitioner was challenged mainly on the ground that petitioner has suffered 14 injuries at the hands of the complainant and these injuries have not been explained by the complainant and it is not proved that the petitioner was the aggressor.

The petitioner when examined under section 313 of the Code of Criminal Procedures had taken the plea which is as under:

I am innocent. I have filed a complaint under section 326/325 I.P.C. against the complainant and his brothers Joginder Singh, Major Singh, Gurmit Singh and Joga Singh on 6.9.1984 as the said persons caused injuries on me on 19.9.1984 in the area of Begumpur. Kashmir Singh alias Jasbir Singh gave injuries to me near my left eyebrow with sharpedged Gandasi which was declared grievous after Xray. Joginder Singh and other persons dealt lathi blows upon me. I sustained 14 injuries. My left foot was fractured. I did not cause say injury to the complainant on any other person. The complainant has self suffered the injuries to escape the liability for causing injuries to me. The witnesses are the brothers of the complainant and are the accused in the complaint filed by me.

The learned Additional Sessions Judge while dismissing the appeal of the petitioner had observed in para No. 9 of his judgment as under.

"In the facts and circumstances of the case I am of the opinion that it is a case where the complainant and the accused got entangled in mutual fight and where it is not possible to determine as to who struck the first blow".

The first appellate Court further held in para No. 14 of its judgment as under :

"There is therefore only meak attempt on the part of the prosecution to explain the injuries on the person of the accused. The explanation does not fall in line with the details of the injuries in fact, majority of the injuries on the person of the accused have not been explained by the prosecution at all. The injuries were caused by sharp and blunt weapon. It has been noted above that injuries on the person of the complainant could not be self suffered. It follows that both the parties had free for all and at that time the complainant bad the support of his brothers Joga Singh (PW4) etc."

Jasbir Singh complainant was medically examined on 19.8.1984 at about 9.45 P.M. at Civil Hospital, Nawansbhhar, by Dr. D. S. Virk, who found the following injuries on his person :

(1) 2" incised wound round the radial side of left index finger, at the level of metacarpo phalangeal joint, actively bleeding wound was bone deep, loss of sensation on radial side of index finger was present. Wound stitching was done. XRay was advised. Movements of fingers were painful and restrictive.

(2) 1 " x 2 mm incised wound over left little finger opposite proximal phalangeal area, movements of finger restrictive, active bleeding was present, on exploration, wound was covered with fresh blood clot. Xray was advised and stitching of wound was done.

(3) 1" x 3mm incised wound subcutaneously deep over ventral aspect of distal 1/3rd of right forearm bleeds on touch, covered with fresh blood clot. Stitching of wound was done.

(4) Abrasion 2" x 2mm over polar aspect of distal 1/3rd of left forearm, covered with fresh blood clot.

Injury No. 1 was classified as grievous and others were found to be simple. The duration of the injuries was within 6 hours. injury No. 4 was caused by blunt weapon and sharp edged weapon was responsible for other injuries".

The petitioner Harbans Singh was also examined by the same Medical Officer at the same Hospital, at 11.00 P.M. and the following injuries were found on his person :

(1) 4.5 cm x.5 cm, incised wound over forehead extending from medial end of lefteyebrow, extending upwards, bone deep, active bleeding was present. Medial end of eyebrow was deformed with loss of soft tissue, bleeding was stopped and stitching was done, after reconstruction of proper alignment of the eyebrow. Xray was advised, haematoma 3" x 2" all around the would was present and left upper eye lid was swollen.

(1) A lacerated wound .5cm x.5cm over the right check was present which was covered with fresh blood clot and was bleeding on touch. Stitching was done.

(3) Subcongnizatal hemorrhage on lateral side of right eye ball was present, face was covered with fresh blood clots. Xray was advised.

(4) 3 cm x2 cm lacerated wound around palmer and ulnar side of right thumb covered with fresh blood clot, was bleeding on touch, movement of right thumb was restricted. No tandon injury was detected. Sensation on medial side of thumb were impaired. Advised Xray.

(5) A 4 cm x 1.5 cm lacerated wound over lateral side of right index finger. in the space, was present. Muscle deep, abduction of thumb was restricted. Stitching was done and Xray was advised.

(6) 1 cm x.5 cm lacerated wound over distal crease of right thumb was present. Wound was subcutaneous deep. Xray was advised.

(7) 1" x 5 cm. lacerated wound over middle of right leg on anterior aspect was present. Stitching was done after stopping fresh bleeding. Xray was advised.

(8) 3" x 2" contusion over left shoulder anterior aspect bright red in colour, movements were restricted.

(9) left arm and forearm were markly swollen all over with multiple contusions, bright red in colour overline echymosis. Movements were painful. Xray was advised.

(10) Left thumb was markly swollen. Xray was advised.

(11) Abrasion 8cm x 2.5 cm over left lumber region, as shown in the diagram.

(12) 6 cm x 1 cm abrasion where injury No. 2 was shown in the diagram. am.

(13) 9 cm x 3cm, 12 cm x 3cm, 30 cm x 4cm cchymosis, over right scapular area, with central abrasion pink, in colour, soft tissue swollen around the injuries. Xray was advised.

(14) Left leg and foot were markly swollen, with irregular enhymosis all around the neck and dorsum of foot, pink in colour. Abrasion 2 cm x 10 cm, lateral lower 1/3rd of left leg. Xray was advised.

After radiological examination injuries 1 and 14 were designated as grievous. All other injuries were simple. Sharp weapon caused injury No. 1 whereas all other injuries were the result of blunt weapon. The injuries were caused within 12 hours".

A bare perusal of the injuries of the petitioner shows that he has received large number of injuries and there being no explanation for the same, leads to an inference that prosecution is not coming with clean bands and is not disclosing the genesis of the occurrence. Jasbir Singh complainant is supported by his brother Joga Singh only. There is no independent evidence to corroborate the version given by the complainant.

In this situation when the injuries on the person of the petitioner are unexplained and there is no independent corroboration of the version of the complainant, I do not feel inclined to maintain the conviction and give benefit of doubt to the petitioner. Hence, this revision petition is accepted and he is acquitted of the charges.