Harbhej Singh and Another and Baljit Singh vs State of Punjab

A.N. Jindal, J.—This judgment of mine shall dispose of two connected cases i.e. Criminal Appeal Nos. 970-SB and 1154-SB of 2008 filed by Harbhej Singh @ Bheja, Namdev @ Sonu and Baljit Singh @ Bantu respectively against the judgement dated May 01, 2008 passed by Additional Sessions Judge, (Adhoc), Fast Track Court, Amritsar acquitting Amandeep Singh alias Gabbar and Swaran Singh alias Baba and convicting accused Harbhej Singh, Gaurav Kumar, Namdev @ Sonu and Baljit Singh alias Bantu and sentencing all the four accused to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1000/- each u/s 395 IPC. However, no appeal on behalf of Gaurav Kumar @ Gaurav has been preferred.

A brief resume of facts is that on 20.05.2007 at about 8.00 A.M., Harpal Singh complainant (herein referred as the complainant) the driver of Scorpio vehicle bearing Registration No. PB-18K-4414 had been engaged by Gupta Travels for taking 6 passengers (i.e the accused), from Pathankot to Amritsar on payment of Rs. 1500/- as fare. On asking to the accused in the vehicle, they responded that they had come after paying obeisance at Mata Temple at Sujanpur and wanted to go to Verka near Amritsar. When he (complainant) reached near Verka, the accused asked him to turn the vehicle through a passage. As directed, he turned the vehicle and passed through village Fatehgarh Sukar Chak and Mannawala and then reached near peer garden, where the accused, on the pretext of urinating, directed him to stop the vehicle. Thereafter, the two accused alighted from the vehicle and directed the complainant to come out of the vehicle and he came out, one of those persons caught hold of him from backside and gagged his mouth with the handkerchief and the second person took out his mobile phone Nokia No. 1100 and wallet containing Rs. 6000/-. The said accused also took out the knife and inflicted blow on his left cheek. The other person sitting in the vehicle exhorted to kill him (complainant). However, complainant after getting himself freed from them, ran towards the peer garden whereas the accused fled away with the aforesaid Scorpio vehicle and his passport. The complainant went to the Police Station, Sultanwind and lodged the FIR and he was also got medically checked from Civil Hospital, Mannawala. SI Vijay Kumar conducted the investigation, visited the place of occurrence, picked up the blood stained earth from the place of occurrence. On 21.05.2007 Sucha Singh produced the clothes of Harpal Singh which were taken into possession.

The accused were arrested on 29.06.2007. Accused Gaurav Kumar got recovered a sum of Rs. 10,000/- from the side of Sultanpur canal and a further sum of Rs. 2500/- was recovered from his wallet. Swaran Singh got recovered the registration book of the Scorpio vehicle from near the bridge in the area of village Mehma. Statements of the witnesses were recorded. On completion of the investigation challan was presented in the court.

The prosecution, in order to substantiate the charges, has examined Baba Hira Singh (PW1), SI Vijay Kumar (PW2), SI Jagdish Raj (PW3), SI/SHO Kuldip Singh (PW4), Dr. Babica Mahendru (PW5), Narinder Singh Clerk SDM Office Batala (PW6,) Harpal Singh (PW7), SI Gurpreet Singh (PW8), HC Jasbir Singh (PW9) and LC Sarabjit Singh (PW10).

In their statements u/s 313 Cr.P.C. The accused denied all the incriminating substances appearing against them and pleaded their false implication, however no evidence was led in defence.

Harpal Singh (PW7), Driver of the Scorpio vehicle bearing Registration No. PB-18K-4414 identified four of the accused namely Gaurav Kumar, Baljit Singh, Harbhej Singh and Namdev. However, he has not identified the two others therefore, they were acquitted by the Trial Court. He has narrated the entire occurrence by stating that after he alongwith accused reached near the garden, accused Gaurav (none appellant) asked him to stop the vehicle on the pretext of urinating then Harbhej Singh and Namdev Singh accused had caught hold of him from the arms, whereas Gaurav gave injury on his throat and two unidentified persons caught hold of him from his neck. After causing him injuries, the accused had snatched the key of the car from him and fled away in the said Scorpio Car. He is also a witness to the recovery of the money as well as the vehicle. During his cross-examination, no material could be elicited which could create a dent in the prosecution case. His statement stands corroborated by Dr. Babica Mohindru who had medico legally examined the injured and found a linear incised fresh bleeded wound about 4'' x 0.75" on the left cheek, 2'' away from outer conthus of left eye. SI Jagdish Raj PW3 has proved the entire investigation including about the factum with regard to recovery of amount of Rs. 10,000/- as well Rs. 25,00/- from Gaurav Kumar. He also proved the recovery of registration certificate of the vehicle from Swaran Singh. However, Amandeep Singh and Swaran Singh were acquitted as they could not be identified by this witness. Baba Hira Singh (PW1) has testified regarding the confession made by Harbhej Singh and Gabbar, but no reliance could be placed on his testimony. SI Gurpreet Singh (PW8) recovered the Scorpio Car from Amandeep Singh and he would be the last person to depose against the appellants while replacing the real culprits. The accused led no plausible defence, in order to prove their case, as such findings returned by the Trial Court stand affirmed.

Faced with the situation, learned Counsel for the appellants, has harped for taking a lenient view in the matter.

Having examined the entire evidence, it transpires that appellants were young persons in their 20s or 30s at the time of occurrence. The occurrence took place as far back as on 20.05.2007 and they have already undergone imprisonment for 2 1/2 years to 3 years. They left the complainant while causing only one simplel injury. The vehicle so taken away was recovered. In the aforesaid peculiar circumstances and also with a view to to provide them a chance to amend themselves, I deem it expedient, in the interest of justice, to reduce the sentence.

Resultantly, this appeal is dismissed with the modification in the sentence and reduce the same to 4 years without any alteration in the sentence of fine.

Copy of the judgment be sent to Chief Judicial Magistrate, Amritsar for compliance.

For orders, see Criminal Appeal No. 970-SB of 2008 titled as Harbhej Singh and Anr. v. State of Punjab of even date.