Malkiat Singh vs State of Punjab

M.L. Singhal, J.

On 12.6.94 at about 7.30 PM, Kaur Singh and his father Lakhbir Singh were busy talking to each other in the street outside their residential house. Raja Singh son of Karnail Singh armed with gandasa, Malkiat Singh son of Balwant Singh armed with gandasa and Kulwant Singh alias Vailli son of Jaimal Singh came there. Kulwant Singh raised lalkara that they be taught a lesson (Karu Singh and Lakhbir Singh) as they were unnecessarily harassing them. Raja Singh dealt gandasa blow to Kaur Singh which fall on his right arm. Malkiat Singh dealt gandasa blow (using gandasa from its blunt side) which fell on his head. Kulwant Singh caught hold of Kaur Singh by his hair. Raja Singh dealt gandasa blow (while using gandasa from its blunt side) which fell on the right side of his back. Lakhbir Singh intervened with a view to save Kaur Singh. Raja Singh dealt gandasa blow (while using gandasa from its blunt side) which fell on his right hand. Malkiat Singh also dealt gandasa blow (while using gandasa from its blunt side) which fell on the right elbow of Lakhbir Singh. Raja Singh gave another gandasa blow which fell on the left hand fingers of Lakhbir Singh. Assailants ran away with their respective weapons. Accused attacked them as there had been altercation between them and Kaur Singh a few days earlier. Case FIR No. 53 dated 13.6.94 was registered at PS Sadar Mansa under sections 323/324/34 Indian Penal Code on the statement of Kaur Singh Ex.PA. After investigation, Malkiat Singh, Raja Singh and Kulwant Singh were challanced under sections 323/324/34 IPC. They were charged under Sections 323/324/34 IPC.

On the conclusion of the trial, Judicial Magistrate First Class, Mansa vide order dated 6.1.98 found the charge proved against them. He convicted them thereunder. He sentenced Raja Singh under section 324 IPC to undergo RI for 9 months and to pay fine of Rs. 300/, in default to undergo further RI for one month. He sentenced Raja Singh to undergo RI for 3 months and to pay fine of Rs. 100/, in default to undergo further RI for 15 days under section 323 IPC. He sentenced Malkiat Singh to undergo RI for 9 months and to pay fine of Rs. 300/, in default to undergo further RI for one month under section 324/34 IPC. He sentenced Malkiat Singh to undergo RI for 3 months and to pay fine of Rs. 100/, in default to undergo further RI for 15 days under Section 323 IPC. He sentenced Kulwant Singh to undergo RI for 9 months and to pay fine of Rs. 300/, in default to undergo further RI for one month under section 324/34 IPC. He sentenced him to undergo RI for 3 months and to pay fine of Rs. 100/ or to further undergo 15 days RI under section 323 IPC. Substantive sentences were ordered to run concurrently.

In appeal, learned Additional Sessions Judge, Mansa vide order dated 6.3.99 acquitted Kulwant Singh but maintained the conviction and sentence passed upon Malkiat Singh and Raja Singh by the learned Magistrate. Malkiat Singh and Raja Singh have come up in revision to this Court against the order of Additional Sessions Judge, Mansa maintaining their conviction and sentence passed upon them by the learned Magistrate.

I have heard the learned counsel for the petitioners and have gone through the record.

Kaur Singh and Lakhbir Singh PWs have given an eye witness account. While giving eye witness account, they have stated in terms of the prosecution case set out above. They have been corroborated in their statements by Dr. Kulwant Singh PW6 who medicolegally examined them. There has been some delay in the lodging of the FIR. That delay has been satisfactorily explained. Injured were unfit to make statements when ASI Santokh Singh sought opinion of the doctor on 13.6.94 at 12.30 AM. On 13.6.94 at 6 AM, they were found fit to make statements. It was then that the statement of Kaur Singh was recorded. Injured arrived in Civil Hospital at 9.30 PM on 12.6.94. After their arrival, they were subjected to medicolegal examination. Police was informed. Assuming that there was some delay in the lodging of the FIR, learned Additional Sessions Judge gave benefit of doubt to Kulwant Singh and acquitted him.

There are two factions in the village. When there is factionalism in the village, no body comes forward to depose for fear to reprisals. In this case, the occurrence is not alleged to have been witnessed by any independent witness. Assuming that it had been witnessed by an independent witness, he would not have come forward for fear of reprisals. Doctor found two lacerated wounds and one contusion on the body of Lakhbir Singh. He found one incised wound, one lacerated wound and one contusion on the body of Kaur Singh. Injuries found by the doctor on Kaur Singh and Lakhbir Singh find mention in the judgment of the learned Additional Sessions Judge.

Learned counsel for the petitioners submitted that it would not be safe to convict Malkiat Singh and Raja Singh on the sole testimony of Lakhbir Singh and Kaur Singh who are father and son when there is no corroboration to it by independent evidence. It would bear repetition that there is factionalism in the village. Occurrence was not witnessed by any one. If it had been witnessed by some one, he would not have come forward for fear of reprisals. Learned counsel for the petitioners could not assail conviction recorded by the courts below on the petitioners on any ground whatsoever. Faced with this position, she submitted that they should be released on probation of good conduct as they are first offenders. They cannot be released on probation of good conduct as they acted callously without any regard to human relationship. They gave injuries to both father and son particularly when father is 70 years old and they themselves are in their twenties. Sentence imposed is, however, slashed and brought down because they are first offenders and further they used mostly the blunt side of the gandasa. Sentence imposed upon Raja Singh is slashed and brought down to RI for 4 months but fine is enhanced to Rs. 1,500/ under section 324 IPC, in default he will undergo further RI for one month. Sentence imposed upon him under section 323 IPC is also slashed and brought down to RI for 2 months but fine is enhanced to Rs. 500/ under section 323 IPC. Sentence imposed upon Malkiat Singh is slashed and brought down to RI for 4 months but fine is enhanced to Rs. 1,500/ under Sections 324/34 IPC. Similarly sentence imposed upon him under section 323 IPC is slashed and brought down to RI for 2 months but fine is enhanced to Rs. 500/, in default of payment of fine, he will undergo further RI for one month. Entire amount of fine, if recovered, shall be paid to Kaur Singh and Lakhbir Singh to be shared by them equally.

Subject to this reduction/modification/variation in sentence, this revision fails and is dismissed.

Revision dismissed.