Jai Narain and Others vs State of Haryana

S.S. Saron, J.—Learned counsel for the State has filed affidavits of Shri Sukh Ram, Superintendent, B.I. & J.Jail, Hissar, mentioning the period of imprisonment undergone by Kamla and Rupa @ Chanda-applicants/appellants No. 3 and 4 respectively. The same are taken on record. Heard learned counsel for the parties.

The criminal Miscellaneous application has been filed seeking suspension of sentence of imprisonment of applicants/appellants No. 3 and 4 namely Kamla and Rupa @ Chanda, during the pendency of the appeal.

The F.I.R. in the case has been registered on the statement of Rajinder Singh S/o Prem Chand, made before ASI Dharampal. It is alleged by the complainant Rajinder Singh that on 14.6.2007 at about 9/9.30 a.m., he and his brother Krishan were present in their house at village Budhakhera. His younger brother, Chhotu and nephew (sister''s son), Sanjay (deceased) were sitting under the shade of Banyan tree inside their house. In the meantime Dalbir (appellant No. 2) united their ox and shooed him away. Thereupon, Sanjay (deceased) asked Dalbir (appellant No. 2) as to why he has untied their ox. Then Jai Narain (appellant No. 1) armed with ''Jelly'' proclaimed that dispute regarding tethering of the cattle had become a routine affair and the same should be finished forever. On hearing this, Rajinder Singh and his brother Krishan came out of their house and the fight ensued. In the fight that ensued, it is alleged that Kamla(applicant/appellant No. 3), Roopa @ Chanda (applicant/appellant No. 4), Bimla and Modi caused injuries with a ''Danda'' on the persons of Sanjay and Chhotu.

Dr. Jagdish Sethi (PW5) medically examined Chhotu and found 6 injuries on his person. Injuries No. 1 to 4 and 6 were incised wound, whereas injuries No. 3 and 5 were lacerated wounds. One was lacerated wound on the anterior aspect left pinna lower part and the other on the ventral apsect of right hand on medial aspect. The said injury No. 5 was observed to be simple in nature. Injury No. 3 was kept under observation. Dr. Venu Dhanda (PW8) had conducted post mortem examination on the dead body of Sanjay and he found 5 injuries on his person.

It may be noticed that Kamla and Rupa @ Chanda-applicants/appellants No. 3 and 4 respectively had not been attributed any specific injury. It is interalia alleged that they caused injuries to Chhotu and Sanjay (deceased).

In terms of affidavits that have been filed in the Court today, Kamla-applicant/appellant No. 3 has undergone imprisonment of 1 year, 2 months and 24 days, whereas, Rupa @ Chanda-applicant/appellant No. 4 has undergone imprisonment of 1 year, 3 months and 1 day as on 11.3.2011.

Both the applicants/appellants are ladies. Kamla-applicant/appellant No. 3 is aged about 77 years as per the affidavit of Shri Sukh Ram, Superintendent, B.I. & J.Jail, Hissar. The appeal is not likely to mature for hearing in the near future. The main injuries have been attributed to Jai Narain (appellant No. 1), whose sentence of imprisonment has been suspended by this court vide order dated 29.11.2011, besides injuries have also been attributed to Kuldeep Singh (appellant No. 5) and Baldev Singh (appellant No. 6), who are in custody. In the circumstances, the criminal Miscellaneous application is allowed and the sentence of imprisonment of the Kamla and Rupa @ Chanda-applicants/appellants No. 3 and 4 respectively, shall during the pendency of the appeal remain suspended subject to their furnishing personal bond and surety each to the satisfaction of the learned Chief Judicial Magistrate, Hissar.