Nasher Singh and Others vs State of Punjab

Mohinder Pal, J.—In this case, report u/s 173 of the Code of Criminal Procedure was submitted against appellants Nasher Singh, Kashmir Singh, Bagu alias Bagga Singh, Iqbal Singh, Sukha alias Sukhdev Singh, Desa Singh, Pritam Singh and Balkar Singh along with Diwan Singh son of Khan Singh and Diwan Singh son of Wazir Singh in F.I.R. No. 92 dated 29.5.1004, under Sections 307/323/324/325/427/148/149 of the Indian Penal Code (for short ''the Code'') registered against them at Police Station Sadar Jalalabad. All the ten accused were committed to the Court of Session at Ferozepur by the Judicial Magistrate Ist Class, Fazilka, vide order dated 5.10.1994. Charge was framed against all the accused on 11.11.1994 for the offences punishable under Sections 148, 307, 307 read with Section 149, 325, 325 read with Section 149, 324, 324 read with Section 149, 323, 323 read with Section 149 and 435 of the Code. Accused Diwan Singh son of Khan Singh and Diwan Singh son of Wazir Singh died during the trial and, accordingly, proceeding against them stood abated.

Vide judgment of conviction dated 21.4.2001, learned Additional Sessions Judge, Ferozepur, convicted appellant Nasher Singh u/s 307 of the Code whereas appellants Kashmir Singh, Bagu alias Bagga Singh, Iqbal Singh, Sukha alias Sukhdev Singh, Desa Singh, Pritam Singh and Balkar Singh were convicted u/s 307 read with Section 149 of the Code. Further, appellants Kashmir Singh, Bagu alias Bagga Singh, Iqbal Singh and Desa Singh were convicted u/s 324 of the Code whereas the remaining appellants u/s 324 read with Section 149 of the Code. All the appellants were also convicted u/s 325 read with Section 149 of the Code because they were members of an unlawful assembly in which grievous injury was caused by accused Diwan Singh son of Khan Singh (deceased). Further, appellants Nasher Singh, Desa Singh, Pritam Singh and Balkar Singh were convicted u/s 323 of the Code whereas the remaining appellants were convicted u/s 323 read with Section 149 of the Code. Besides, all the appellants were convicted u/s 148 of the Code as they were armed with deadly weapons while causing injuries. However, all the appellants were acquitted of the charge framed against them u/s 435 of the Code for want of any evidence in this regard.

Vide sentence order of the even date i.e 21.4.2001, the learned Additional Sessions Judge, Ferozepure, sentenced appellant Nasher Singh to undergo rigorous imprisonment for three years and to pay fine of Rs. 1500/- in default whereof to undergo further rigorous imprisonment for four months u/s 307 of the Code whereas appellants Kashmir Singh, Bagu alias Bagga Singh, Iqbal Singh, Sukha alias Sukhdev Singh, Desa Singh, Pritam Singh and Balkar Singh were sentenced to undergo rigorous imprisonment for two and a half years and to pay fine of Rs. 1000/-each in default whereof to undergo further rigorous imprisonment for two months u/s 307 read with Section 149 of the Code. u/s 325 read with Section 149 of the Code, all the appellants were sentenced to undergo rigorous imprisonment for one and a half years and to pay fine of Rs. 1,000/- each, in default whereof to undergo further rigorous imprisonment for two months. u/s 148 of the Code, all the appellants were sentenced to undergo rigorous imprisonment for one year. Further, appellants Kashmir Singh, Bagu alias Bagga Singh, Iqbal Singh and Desa Singh were sentenced to undergo rigorous imprisonment for one year u/s 324 of the Code whereas appellants Nasher Singh, Sukha alias Sukhdev Singh, Pritam Singh and Balkar Singh were awarded this sentence u/s 324 read with Section 149 of the Code. u/s 323 of the Code appellants Nasher Singh, Desa Singh, Pritam Singh and Balkar Singh were sentenced to undergo rigorous imprisonment for six months whereas appellants Kashmir Singh, Bagu alias Bagga Singh, Iqbal Singh and Sukha alias Sukhdev Singh were awarded this sentence u/s 323 read with Section 149 of the Code.

In this appeal, appellants Nasher Singh, Kashmir Singh, Bagu alias Bagga Singh, Iqbal Singh, Sukha alias Sukhdev Singh, Desa Singh, Pritam Singh and Balkar Singh have challenged the aforementioned judgment of conviction and the sentence order dated 21.4.2001 passed by the learned trial Judge.

The instant case was registered on the basis of statement made by complainant Sohan Singh before the police. Mohan Singh, son of the maternal aunt of complainant Sohan Singh, owned land in Village Chak Sawahwala, where the accused-appellants reside. On 29.5.1994, at about 10 A.M, complainant Sohan Singh along with Iqbal Singh, Jagtar Singh and Teja Singh went to the fields of Mohan Singh on a tractor. Iqbal Singh and Jagtar Singh started making crumples in the land whereas complainant Sohan Singh started ploughing the fields with the tractor. Teja Singh was sitting on the mudguard of the tractor. There accused Kashmir Singh, Bagu alias Bagga Singh and Desa Singh (armed with a ''gandasas''), Iqbal Singh (armed with a sword), Pritam Singh, Sukha alias Sukhdev Singh,Nasher Singh and Balkar Singh (armed with ''Dangs'') along with deceased accused Diwan Singh son of Khan Singh (armed with a ''gandasi'') and deceased accused Diwan Singh son of Wazir Singh (armed with a ''Dang'') came there. Accused Kashmir Singh raised ''Lalkara'' that possession of the land be delivered that day itself to the complainant party. At this, accused Kashmir Singh gave a ''Gandasa'' blow from its sharp side on the head of Iqbal Singh. Complainant Sohan Singh and Teja Singh, after stopping the tractor, alighted therefrom for saving Iqbal Singh. Diwan Singh son of Wazir Singh (since deceased) gave two ''Dang'' blows which hit Iqbal Singh near right elbow and left hand''s thumb. Appellant Nasher Singh gave ''Dang'' blow thrice which hit Iqbal Singh on his shoulder, secret limb of the body (lower abdomen) and right leg. Accused Iqbal Singh gave sword blow thrice which hit Jagtar Singh once on right hand''s wrist and twice on right upper arm. Diwan Singh son of Khan Singh (since deceased) gave two ''Gandasa'' blows from reverse side which hit Jagtar Singh on right eye brow and near right elbow. Accused Sukha alias Sukhdev Singh gave two ''Dang'' blows which hit Jagtar Singh on his left wrist and the elbow of right arm. Balkar Singh gave two ''Dang'' blows on the right thigh of Teja Singh. Desa Singh gave ''Gandasa'' blow twice which hit Teja Singh on his left shoulder. One blow was from the reverse side of the ''Gandasa'' and the other from its sharp side. Bagu alias Bagga Singh gave a ''Gandasa'' blow from its sharp side on the back of complainant Sohan Singh. The complainant also suffered injury on his index finger of right hand while snatching ''Gandasa'' from Bagu alias Bagga Singh. Accused Pritam Singh also gave two ''Dang'' blows on the left flank and the back of complainant Sohan Singh. The injured raised hue and cry. All the accused ran away from the spot with their respective weapons on seeing a Jeep which happened to reach the spot from the side of Village Sawahwala.

The motive behind this occurrence was that possession of the land had been taken from accused Kashmir Singh by the complainant party due to which the accused were having grudge in their minds.

Dr. Rakesh Kumar (P.W.3), who on 29.5.1994 at about 11.45 A.M, was posted as Emergency Medical Officer at Civil Hospital, Jalalabad, had medico-legally examined injured Iqbal Singh, Jagtar Singh, Sohan Singh and Teja Singh.

On completion of investigation and necessary formalities, challan was put in the Court against the accused.

The accused, as mentioned above, were put to trial for the offences punishable under Sections 148, 307, 307 read with Section 149, 325, 325 read with Section 149, 324, 324 read with Section 149, 323, 323 read with Section 149 and 435 of the Code. They did not plead guilty to the charge and claimed trial.

At the trial, the prosecution examined complainant-injured Sohan Singh (P.W.1), injured Jagtar Singh (P.W.2), Dr. Rakesh Kumar, who had medico-legally examined injured Iqbal Singh, Jagtar Singh, Sohan Singh and Teja Singh (P.W.3), Dr. Bohar Singh, who had declared injury No. 5 on the lower abdomen of Iqbal Singh as dangerous to life (P.W.4), Patwari Om Parkash (P.W.5), Sub Inspector Gurbax Singh (P.W.6), injured Iqbal Singh (P.W.7), injured Teja Singh (P.W.8) and Assistant Sub Inspector Sukhdev Singh, Investigating Officer (P.W.9). Thereafter, the prosecution closed its case.

In their statements recorded u/s 313 of the Code of Criminal Procedure, accused-appellants Nasher Singh, Bagu alias Bagga Singh, Iqbal Singh, Sukha alias Sukhdev Singh, Desa Singh, Pritam Singh and Balkar Singh took the plea that they were not present at the spot at the time of occurrence and that they had been falsely implicated in this case on account of their relationship with accused-appellant Kashmir Singh.

Appellant Kashmir Singh, in his statement recorded u/s 313 of the Code of Criminal Procedure, stated as under:

I am innocent. Sohan Singh, Teja Singh, Jagtar Singh and Iqbal Singh had tried to get illegal possession of my land which was in my possession for the last more than 30 years and caused me injuries. Sohan Singh, Teja Singh, Iqbal Singh and Jagtar Singh received injuries in my self defence and in the defence of property. Other accused were not present at the time of occurrence. We are falsely implicated. I will produce copies of stay orders and copies of the decisions of various Courts in defence.

The accused examined Dr. Manmohan Singh Dhillon (D.W.1), who had medico-legally examined accused-appellant Kashmir Singh, in their defence besides tendering in evidence certain documents.

I have heard Mr. M.S. Sidhu, Advocate, appearing for the appellants and Mr. Kirat Singh Sidhu, Deputy Advocate General, Punjab, appearing for the respondent-State and have gone through the records of the case.

The occurrence in this case is admitted as accused-appellant Kashmir Singh, in his statement recorded u/s 313 of the Code of Criminal Procedure, stated that he had caused injuries to Sohan Singh (P.W.1), Jagtar Singh (P.W.2), Iqbal Singh (P.W.7) and Teja Singh (P.W.8) in self defence and in defence of his property. Accused-appellants Nasher Singh, Bagu alias Bagga Singh, Iqbal Singh, Sukha alias Sukhdev Singh, Desa Singh, Pritam Singh and Balkar Singh, in their statements recorded u/s 313 of the Code of Criminal Procedure stated that they were not present at the time of occurrence and that they had been implicated in this case falsely because they were relations of accused-appellant Kashmir Singh. The motive behind this occurrence is that the complainant party had taken possession of the land from accused Kashmir Singh and on this account the accused were having grudge in their minds. In furtherance of their common intention, they caused injuries to the complainant party. Sohan Singh (P.W.1), Jagtar Singh (P.W.2), Iqbal Singh (P.W.7) and Teja Singh (P.W.8), having received injuries in the occurrence, are the stamped witnesses of the prosecution. As deposed by Dr. Rakesh Kumar (P.W.3), on 29.5.1994 at about 11.45 A.M, while posted as Emergency Medical Officer at Civil Hospital, Jalalabad, he had medico-legally examined the four injured and had observed that Iqbal Singh had six injuries on his person (i.e incised wound on right fronto parietal region, swelling on the dorsum of right forearm, swelling over whole of left thumb region and dorsum of hand, reddish abrasion on the upper part of back below the neck in mid scapular region, reddish contusion on the lower abdomen in the hypogastrium region of abdomen and lacerated wound on the right ankle joint), Jagtar Singh had seven injuries on his person (i.e incised wound on the dorsum of the forearm, lacerated wound in the forearm below the elbow joint, lacerated wound above right eye-brow on its outer angle, reddish contusion in the middle of the right upper arm on its dorsal aspect, incised wound on the right upper arm, incised wound in the upper part of the right upper arm and lacerated wound on the outer side of the left thigh in its middle region), Sohan Singh had four injuries (i.e incised wound on the back in its middle lumber region, reddish abrasion on the left lateral side of the back in its lower left lateral part, severe pain in the uppermost part of the left buttock in left upper iliac crest region and incised wound on the ring finger of left hand) and Teja Singh had four injuries on his person (i.e reddish contusion on the outer side of the right upper leg in its middle region, reddish abrasion in the middle of right upper leg on outer aspect, severe pain in the left shoulder region and muscle deep incised wound on the middle of left clavicular region). One injury i.e injury on the right fronto parietal region of the skull of Iqbal Singh had been caused with a sharp-edged weapon. Three injuries on the person of Jagtar Singh i.e injuries on the dorsum of the forearm above the left wrist joint and the upper part of right arm had been caused with a sharp-edged weapon. Two injuries on the person of complainant Sohan Singh i.e on the back in its middle lumber region and on the ring finger of left hand had been caused with sharp-edged weapons. Similarly one injury on the person Teja Singh i.e incised wound on the middle of left clavicular region was a sharp-edged weapon injury. Dr. Bohar Singh (P.W.4), who was asked to give surgical opinion regarding injuries No. 5 on the person of injured Iqbal Singh, opined that injury No. 5 on his (Iqbal Singh''s) person was dangerous to life. Injury No. 5 on the person of Iqbal Singh is as under:

Reddish contusion 12 cms x 4 cms on the lower abdomen in the hypogastrium region of abdomen. Patient was unable to pass urine. When Catheter tried only few Mls of blood came out and was kept under surgical opinion.

Dr. Bohar Singh (P.W.4) stated that major surgery was undertaken upon injured Iqbal Singh to repair the abdominal viscera and to save his life. Dr. Bohar Singh opined that injury No. 5 on the person of Iqbal Singh was dangerous to life. The medical evidence furnished by Dr. Rakesh Kumar (P.W.3) and Dr. Bohar Singh, thus, lends complete corroboration to the ocular version given by the injured witnesses i.e. Sohan Singh (P.W.1), Jagtar Singh (P.W.2), Iqbal Singh (P.W.7) and Teja Singh (P.W.8).

In the presence of the above discussed impeccable evidence led by the prosecution, the defence version as mentioned above loses its significance. Appellant Kashmir Singh, in his statement recorded u/s 313 of the Code of Criminal Procedure took the stand that he had caused injuries to Sohan Singh (P.W.1), Jagtar Singh (P.W.2), Iqbal Singh (P.W.7) and Teja Singh (P.W.8) in defence of his life and property and that the other accused-appellants were not present at the spot. When the statement of accused-appellant Kashmir Singh u/s 313 of the Code of Criminal Procedure was recorded on 21.8.2000, he gave his age as 75 years. The occurrence in this case had taken place on 29.5.1994. Thus, at the time of occurrence, accused-appellant Kashmir Singh was more than 68 years old. It is not at all believable that a person of the age of accused-appellant Kashmir Singh would alone be able to cause injuries to four persons, namely, Sohan Singh, Teja Singh, Iqbal Singh and Jagtar Singh. Sohan Singh (P.W.1) gave his age as 49 years while deposing in Court whereas Jagtar Singh (P.W.2) as 46 years, Iqbal Singh (P.W.7) as 40 years and Teja Singh (P.W.8) as 40/41 years while deposing in Court. Statements of Sohan Singh (P.W.1), Jagtar Singh (P.W.2), Iqbal Singh (P.W.7) and Teja Singh (P.W.8) were recorded by the trial Court on 8.4.1999, 8.4.1999, 1.12.1999 and 22.5.2000, respectively. Thus, at the time of occurrence on 29.5.1994 Sohan Singh (P.W.1), Jagtar Singh (P.W.2), Iqbal Singh (P.W.7) and Teja Singh (P.W.8) were in their late thirties and early forties. The defence version is, thus, an afterthought and Kashmir Singh (appellant) appears to have taken the blame on himself to save the other accused, who are his (Kashmir Singh''s) relatives as has been admitted by them in their statements recorded u/s 313 of the Code of Criminal Procedure. Dr. Manmohan Singh Dhillon (D.W.1), who had medico-legally examined accused-appellant Kashmir Singh on 29.5.1994 at about 7 P.M, though the occurrence had taken place on that day at about 10 A.M, stated that all the injuries on the person of Kashmir Singh were on left part of his body and could, possibly, be caused by falling twice on the ground. Sohan Singh (P.W.1), Jagtar Singh (P.W.2), Iqbal Singh (P.W.7) and Teja Singh (P.W.8) had been medico-legally examined by Dr. Rakesh Kumar (P.W.3) on 29.5.1994 at about 11.45 A.M. Kashmir Singh reached for taking medical aid after about nine hours of the occurrence. These facts show that Kashmir Singh had received injuries not in the present occurrence but in some other manner.

For the aforesaid reasons, I do not find any ground warranting interference in the impugned judgment of conviction and the sentence order. The same are maintained. Resultantly, this appeal is hereby dismissed being without any merit.