Karam Singh vs State of Punjab

R.L. Anand, J. (Oral)

This Criminal Appeal of Shri Karam Singh son of Shri Bhag Singh is being disposed of with the assistance rendered by Shri J.S. Brar, learned Deputy Advocate General, Punjab who appeared on behalf of the State but no assistance has been provided by the side of the appellant but I have gone through the grounds of appeal. The show must go on. For this reason I am disposing of the appeal of Karam Singh pending in this court since 1986.

The story of the prosecution is that Surinder Singh PW is serving in the Army. On 8.4.1985, at about 7 p.m. Harbhajan Singh PW alongwith Surinder Singh PW were present in their Haveli. They were cutting the fodder with the chaffcutter. Surinder Singh was on leave during those days. All the accused came there and raised Lalkara that they would teach a lesson to the PWs for fixing window and door in the lane. Resultantly Sagar Singh gave kirpan blow which landed on the index finger of Harbhajan Singh PW. Harbhajan Singh (since accquitted) gave a kirpan blow on the head of Harbhajan Singh PW. Karam Singh present appellant gave a Kirpan blow on the head of Harbhagwan Singh PW. Surinder Singh PW raised Raula upon which Pritam Singh was attracted to the spot. All the accused ran away with their respective weapons. Harbhajan Singh was taken to the hospital at Adampur but the accused party was also present there. Wherefrom he was taken to Civil Hospital, Jalandhar where he was medically examined. His statement was recorded by the police on 10.5.1985 and the same is Ex. PA. Hoshiar Singh Inspector PW.5 was Incharge of Police Station Adampur during those days. He went to Civil Hospital, Jalandhar and moved application Ex.PD regarding fitness of Harbhajan Singh to make a statement. The case was registered on the statement of Harbhajan Singh, PW.

A.S.I. Dharam Pal had inspected the spot and prepared site plan Ex.PF. Harbhajan Singh PW produced his blood stained clothes i.e. shirt and chadra which were taken into possession by the Thanedar on 13.1.1985. Doctor Iqbal Singh medically examined Harbhajan Singh PW and found the following three injuries on his person :

(1) Incised wound 8cmx3cm across the upper part of the left hand. Underlying muscle vessels, tendon bones and other structure were cut.

(2) Incised wound 4cmx0.5cm on the posterior & proximal part of the right index finger. Advised Orthopaedic opinion.

(3) Lacerated wound 3cmx0.5cm on the left parietal region of head and profuse swelling was present. Advised Xray.

Injury No.1 was declared grievous while injury No. 2 was referred for Orthopaedic opinion. Injury No. 3 was referred for Xray opinion. These were caused within probable duration of six hours. Injuries No. 1 and 2 were caused sharp edged weapon while injury No. 3 was caused with blunt weapon. Ex. PC is correct carbon copy of M.L.R. of Harbhajan Singh.

With the above allegations the present appellant Shri Karam Singh alongwith Sagar Singh, Harbhajan Singh and Binder were challaned under sections 326/324/34 I.P.C. on the allegaions that on 8.4.1985 at about 5 p.m. in the area of village Jandhu Singha they allegedly caused simple as well as grievous injuries to Harbhajan Singh PW.

Before I proceed further, it may be mentioned that Sagar Singh filed a separate appeal before the High Court against the judgment of conviction and sentence but he died during the pendency of his appeal, as I had already held that appeal of Sagar Singh stood abated. Harbhajan Singh and Binder who were tried alongwith Karam Singh and Sagar Singh have since been acquitted by the Trial Court vide impugned judgment dated 14.11.1996 while appellant Shri Karam Singh was convicted under Section 323 I.P.C. and was sentenced to undergo R.I. for six months only.

In order to prove the charge against the appellant and his companions, prosecution examined six witnesses namely Harbhajan Singh injured, Pritam Singh (PW.2), Surinder Singh (PW.3), Dr. Iqbal Singh (PW.4), Inspector Hoshiar Singh (PW.5) and Investigating Officer ASI Dharam Pal (PW.6).

Statement of the accused under Section 313 Cr.P.C. was recorded and all the incriminating circumstances appearing in the prosecution evidence were put to him. The accused denied those circumstances and stated that he is innocent. The following counter story was put :

"On 8.4.1985 at about 5 p.m. I was present in front of my house. Just then Surinder Singh alias Chhinda son of Harbhajan Singh armed with a kirpan, Harbhajan Singh son of Punjab Singh armed with a Dang, Sarwan Singh son of Partap Singh armed with Lathi came from their Haveli in front of my house. Harbhajan Singh raised a Lalkara that I should be caught hold of and would not be allowed to go alive. Surinder Singh then gave kirpan blow on the left side of my forehead. Sarwan Singh gave a Dang blow on the back of my left shoulder. Surinder Singh gave another Kirpan blow which hit on my forehead. I raised Raula. This occurrence was witnessed by my son Harbhajan Singh and my brotherinlaw Gurmej Singh. On their challenge Surinder Singh, Harbhajan Singh and Sarwan Singh left the place of occurrence with their respective weapons. I was taken to the Civil Hospital, Adampur where I was medically examined. I was also Xrayed for my injury.

The motive for causing me injury is that there is a land attached to the house of Sagar Singh. Harbhajan Singh, son of Punjab Singh wanted to construct a wall and to fix a window in the said lane, upon which Sagar Singh raised a wall in the lane which blocked the window fixed by Harbhajan Singh. Said Harbhajan Singh filed a civil suit against my father Bhagat Singh alias Bhag Singh and Sagar Singh in the Civil Court at Jalandhar and obtioned a stay order against Sagar Singh and Bhagat Singh. Harbhajan Singh suspected that we were helping Sagar Singh and as such he felt offended and he and his companions caused injuries to me. I then got registered a case FIR No. 57 dated 9.4.95 in P.S. Adampur under sections 307/324/34 I.P.C. against Harbhajan Singh, Surinder Singh and Sarwan Singh PWs. This false case has been foisted against us by Harbhajan Singh and others to put pressure on us not to depose against them.

Amarjit Singh is the brother of Pritam Singh PW. There were civil litigations between Amarjit Singh on one side and Pritam Singh PW on the other side as civil suit No. 30 of 1982. In the said civil suit my father Bhagat Singh alias Bhag Singh appeared as a witness against Pritam Singh PW in November, 1983, so Pritam Singh has deposed falsely against us on that account. It is a false case."

In defence appellant examined Brij Bhushan Bhalla, Manager, as DW 1, who stated that Sagar Singh was attending his work in the factory on the day of the occurrence and he proved copy of the entry in the register as Ex. DW.1/A. Subedar Major Kartar Singh appeared as DW. 2 and Dr. Nidhan Singh appeared as DW. 3 who medically examined Karam Singh the present appellant and on his person two injuries were noticed as under :

(1) 4cmx1/2cm incised wound on the forehead 6 cm above the left eye brow.

(2) 2.5cmx1/4cm incised wound on the middle of forehead.

Both these injuries were caused by sharpedged weapon, within probable duration of 12 hours. The injured reached the hospital at 7. 20 p.m. Injury No. 1 was declared dangerous to life.

Dr. Kulvinder Saini appeared as DW. 4 and stated that he has Xrayed the head injury of Karam Singh and found fracture of the frontal region of the skull on the left side.

The learned Trial Court vide impugned judgment and order dated 14.11.1986 acquitted two persons namely Harbhajan Singh son of Karam Singh and Binder son of Karam Singh by extending benefit of doubt but convicted Sagar Singh under section 326 and Karam Singh under section 323 I.P.C. for allegedly causing injuries to Harbhajan Singh PW, while Shri Sagar son of Ram Singh was sentenced to undergo rigorous imprisonment for a period of one and half years and to pay a fine of Rs. 500/ under section 326 I.P.C. but present appellant Karam Singh was sentenced to undergo rigorous imprisonment only for the offence under section 323 I.P.C. Aggrieved by their conviction and sentence Karam Singh and Sagar Singh filed two separate appeals.

I have already stated that Sagar Singh has expired and his appeal stands abated. Therefore I am disposing of appeal of Karam Singh son of Bhag Singh.

In this case it has been rightly held by the trial Court that it was a case of free fight as both the parties had come prepared from the very beginning in order to settle their scores. There was pitched battle. There are injuries on both sides. Though in the grounds of appeal an effort has been made by the learned counsel who drafted the same that the complainant party acted as aggressor but I am of the opinion that in the light of the motive both parties wanted to settle their scores and that were mentally and physically prepared to fight. Occurrence has taken place in the lane, as rightly remarked by the trial Court. Every body was liable for the individual act. Resultantly, I maintain the conviction of Shri Karam Singh under section 323 I.P.C. but extend the benefit of probation keeping in view the fact that the occurrence took place as back as in the year 1985. The appellant Shri Karam Singh shall execute bail bond and surety bond in the sum of Rs. 2,000/ with one surety before the court of Chief Judicial Magistrate, Jalandhar undertaking that he shall not commit an offence during this period and shall maintain peace and be of good behaviour. In case the appellant Shri Karam Singh commits breach of any of the terms of the bond he shall appear before the Chief Judicial Magistrate, Jalandhar to receive the sentence. With the above modification in the sentence the appeal of Shri Karam Singh fails and is hereby dismissed. Let intimation be sent to Chief Judicial Magistrate, Jalandhar who shall send notice to Karam Singh son of Bhag Singh resident of village Jandhu Sangha, Tehsil and District Jalandhar to execute necessary bail bond and surety bond as asked by this court. The appeal stands disposed of.