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Judgment
Kuldip Singh, Judge
This revision is directed against judgment dated 22.04.2006 passed by learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, in Criminal Appeal No. 3-P/X/04/03, affirming judgment dated 13.11.2003 passed by learned Judicial Magistrate Ist Class, Court No. 2, Palampur, in Criminal Case No. 236-II/2000, convicting the petitioners under Sections 323, 325, 34 IPC and sentencing them to pay fine of Rs. 500/-each u/s 323/34 IPC, in default of payment of fine, to undergo simple imprisonment for 15 days, u/s 325/34 IPC the petitioners were sentenced to undergo simple imprisonment for one month each and to pay fine of Rs. 1,000/- each, in default of payment of fine, to undergo simple imprisonment for one month each with further direction that sentences shall run concurrently. The prosecution case, in brief, is that on 24.08.2000, PW-1 Payar Singh reported the matter at Police Station, Lambagaon, vide rapat No. 22 Ex.PW1/A. The further case of the prosecution is that on 24.08.2000 at about 6.30 p.m., when complainant and his brother PW-2 Rakesh Kumar were returning home, Prittam Chand, Shashi Kapoor, Bishan Singh,Budhi Singh came there, Prittam Chand slapped on the face of complainant and asked him not to use the place. PW-2 Rakesh intervened to release the complainant, Prittam Chand, Budhi Singh, Shashi Kapoor and Mana Ram gave him beatings. PW-4 Vijay Kumar was also present there. On hearing the alarm, parents of the complainant reached there and they released complainant and his brother from the clutches of the petitioners. On the basis of rapat Ex.PW1/A, FIR Ex.PW8/A was registered at Police Station, Lambagaon.
The injured Rakesh Kumar was medically examined at C.H.C.,Thural, M.L.C. Ex.PW6/C was obtained. Rakesh Kumar was also subjected to medical examination by Medical Officer, Dental, at C.H.C., Thural. On completion of investigation, challan was submitted in the Court.
The petitioners were charged for offences punishable under Sections 323, 325 read with Section 34 IPC. The petitioners pleaded not guilty and claimed trial. The prosecution has examined 10 P.W.s., some documentary evidence was also produced. The statements of petitioners were recorded u/s 313 Cr.P.C., they denied prosecution case. The petitioners led evidence and examined Ramesh Chand and Prithvi Chand in defence. On conclusion of trial, the learned trial Court convicted and sentenced the petitioners as noticed above. The appeal filed by petitioners has been dismissed on 22.04.2006, hence revision.
I have heard learned counsel for the parties and have also gone through the record. The learned counsel for the petitioners has submitted that the two Courts below have not properly appreciated the material on record. The parents of the injured did not receive any injury, though as per prosecution they intervened and saved complainant and his brother. The injured was examined at C.H.C.,Thural, instead of Jaisinghpur or Lambagaon. There is delay in lodging the FIR. The defence evidence has supported the case of the petitioners. The appeal has been wrongly decided by preponing the appeal. The sentence imposed is excessive. The learned Additional Advocate General has supported the impugned judgment. It has been submitted that the scope of interference in revision is very limited. The evidence in appeal cannot be reappreciated. The submission has been made for dismissal of the revision.
In order to appreciate the contentions on either side, it is necessary to refer the evidence. PW-1 Payar Singh has stated that on 24.08.2000 at 6.30 p.m., near bus stop, Tamber, he and his brother were returning home and when they were crossing the road near the houses of accused Prittam, Shashi, Budhi Singh and Man Singh alias Pradhan Singh, the accused Prittam Singh slapped him, his brother intervened to save him, but accused also gave him beatings. At that time, Vijay Kumar, Lalman and Vinod were on the spot. On hearing the cries, his parents reached the spot and saved him. The rapat Ex.PW1/A was lodged by him. In cross-examination, he has stated that accused gave beatings with kick and fist blows. He denied that in order to pressurize the petitioners to withdraw the case filed by Hari Ram against him, the petitioners have been falsely implicated in the case.
PW-2 Rakesh Kumar has stated that on 24.08.2000 at 6.30 p.m., he and his brother were crossing the road near the houses of the petitioners, Prittam Singh, Budhi Singh, Shashi and Pradhan Singh came there. Prittam Singh slapped his brother. He tried to intervene, but accused gave him beatings with kick and fist blows. Vijay, Lalman and Vinod were on the spot. He became unconscious. He remained in the hospital for 15 days. Hari Ram has filed criminal case against them.
PW-3 Vinod Kumar has stated that on 24.08.2000 he was returning after purchasing oil. At about 6.00 p.m., near the house of the petitioners, accused Prittam, Shashi, Pradhan Singh, Budhi Singh were standing. Prittam slapped Payar Chand. Rakesh intervened to save him. The accused gave beatings to Rakesh, as a result of which, Rakesh sustained injuries on different parts of the body. Vijay Kumar and Lalman were also present there. He has stated that his house is at a distance of 25-26 yards from the place of occurrence. Rakesh became unconscious. He denied that Rakesh is his uncle.
PW-4 Vijay Kumar has stated that on 24.08.2000, he was returning to his house. Lalman, Rakesh, Payar Chand were with him. The accused stopped them near the road. Prittam Chand slapped Payar Chand. He intervened, but accused gave beatings to Rakesh. The occurrence took place at about 6.30 p.m. Rakesh sustained injuries on various parts of the body including teeth. Rakesh was bodily lifted and taken from there to his house. The witness has stated that his house is at a distance of 5-6 steps from the place of occurrence. He denied Rakesh Kumar is his uncle. Rakesh was taken to Thural hospital. Jaisinghpur is 8 kilometres from there. The police station is at a distance of 10-12 kilometres. The distance between Lambagaon and Thural is 25-26 kilometres. There is hospital at Jaisinghpur.
PW-5 Lalman has stated that on 24.08.2000 at about 6.30 p.m., he was returning home. Payar Chand, Rakesh, Vijay, Vinod were with him. The accused Prittam Chand, Pradhan Singh, Budhi Singh and Shashi came on the road. Prittam Chand slapped Payar Chand and when Rakesh intervened, all accused gave beatings to Rakesh Kumar, as a result of which, he sustained injuries on the face, teeth, nose and other parts of the body. Rakesh Kumar became unconscious. He was taken to his house.
PW-6 Dr. B.K.Gautam has stated that on 25.08.2000 at about 12.45 p.m., he examined Rakesh Kumar. The X-ray film is Ex.PW6/B. The M.L.C. is Ex. PW6/C. The injuries No. 1 and 2 were simple. As per report of Radiologist, there was fracture of nasal bone, hence injury No. 3 was grievous in nature. The dental injury is simple in nature. There is C.H.C. at Jaisinghpur and P.H.C. at Lambagaon.
PW-7 Sandeep Kumar has stated that rapat No. 22 dated 24.08.2000 was got recorded by Payar Chand, a copy of which is Ex.PW1/A. A copy of rapat No. 14 dated 29.08.2000 is Ex.PW7/A. He had sent both the brothers to C.H.C.,Thural for medical. There were no doctors at P.H.C., Lambagaon and P.H.C., Jaisinghpur and, therefore, the injured were sent to Thural.
PW-8 Kuljeet Singh has stated that FIR Ex.PW7/A ( sic Ex.PW8/A) is written by him. PW-9 ASI Naratu Ram has stated that FIR Ex.PW8/A was registered on 29.08.2000 on the basis of rapat No. 22 Ex.PW1/A. He is the Investigating Officer. He prepared site plan Ex. PW9/A. He has stated that at Lambagaon and Jaisinghpur there are P.H.C.s, but no doctor was there at that time.
PW-10 Dr. Ram Dev, P.H.C., Kuthera, has stated that on 25.08.2000 injured Rakesh Kumar was referred to him by Dr. B.K.Gautam vide X-ray form Ext.PW6/A for opinion. The X-ray film is Ex.PW6/B. As per X-ray film, there was fracture of nasal bone, his report is Ex. PW10/A. The injured was also referred by Dr. Meena for opinion but no other fracture was seen. The X-ray film is Ex. PW10/B and X-ray form is Ex.PW10/C and his opinion is Ex.PW10/D.
DW-1 Ramesh Chand, Pharmacist, C.H.C., Jaisinghpur, has stated that on 24.08.2000 and 25.08.2000, Dr. Sunil Sood was present in the hospital. In cross-examination, he has stated that in case of emergency, doctor attends the emergency. He cannot say on that date, there was any emergency.
DW-2 Prithvi Singh has stated that police came to him in August, 2000 and told that he is to be made witness regarding some quarrel. The police told that quarrel took place with Payar Chand near his house. The witness said that he had seen nothing. In cross-examination, he has stated that accused are his neighours and he has good relations with them.
The petitioners in their statements u/s 313 Cr.P.C. denied the prosecution case. They have stated that they are innocent. The accused Prittam Chand has stated that the complainant has criminal case with his grandfather Hari Singh and, therefore, they have been implicated in a false case.
Ex.PW8/A is FIR dated 29.08.2000. Ex.PW1/A is the rapat No. 22 lodged by Payar Chand at Police Station, Lambagaon. This report was lodged on 24.08.2000 at 10.30 p.m. Ex.PW7/A is rapat No. 14 dated 29.08.2000 lodged by MHC Kuljeet Singh at about 4.20 p.m. and on that basis process for registering FIR No. 48/2000 at Police Station, Lambagaon, was initiated. Ex. PW9/A is the site plan. Ex.PW6/C is the M.L.C. of Rakesh Kumar showing injuries No. 1 and 2 simple and injury No. 3 grievous due to fracture of nasal bone.
The occurrence took place at about 6.30 p.m. on 24.08.2000. Payar Chand reported the matter at Police Station, Lambagaon at 10.30 p.m. vide rapat No. 22 dated 24.08.2000. On the receipt of M.L.C. of Rakesh Kumar and X-ray report, rapat No. 14 was recorded on 29.08.2000 at 4.20 p.m. at Police Station, Lambagaon vide Ex.PW7/A. Thereupon, FIR Ex.PW8/A was registered. It has come in the evidence that PW-2 Rakesh Kumar had become unconscious, he was taken to his house, then to hospital. It has come in the statement of PW-4 Vijay Kumar whose house is at a distance of 5-6 steps from the place of occurrence that Police Station, Lambagaon, is at a distance of 10-12 kilometres from his house. In these circumstances, naturally some time was taken by PW-1 Payar Chand, complainant, in reporting the matter to the police vide rapat No. 22 Ex.PW1/A. The FIR Ex. PW8/A was registered only after the receipt of M.L.C. etc. vide rapat No. 14 Ex.PW7/A. There is, thus, no delay in lodging the FIR.
There is overwhelming evidence on record that PW-1 complainant and PW-2 Rakesh Kumar were given beatings by the petitioners. PW-1 Payar Chand, PW-2 Rakesh have stated that petitioners had given them beatings. The independent witnesses PW-3 Vinod Kumar, PW-4 Vijay Kumar and PW-5 Lalman have supported the prosecution version. PW-6 Dr. B.K.Gautam has proved the M.L.C. Ex.PW6/C of injured Rakesh Kumar. He has stated that injuries No. 1 and 2 were simple and injury No. 3 grievous due to fracture of nasal bone.
The petitioners have projected the case that they have been implicated in the case on account of criminal case initiated by grandfather of Prittam Chand against complainant. In taking this defence, the petitioners have not denied that the relations between petitioners and the injured family were not good. The petitioners cannot take any benefit from the statements of DW-1 Ramesh Chand and DW-2 Prithvi Singh nor these witnesses have stated anything so as to infer innocence of petitioners.
The defence has also raised the plea that injured were not taken to P.H.C.s at Lambagaon or Jaisinghpur. The injured were taken to Thural. The doctors were available at P.H.C.s Lambagaon and Jaisinghpur. The M.L.C. of injured Rakesh Kumar taken from C.H.C.,Thural, creates a suspicion. There is no substance in this plea. It has come in the evidence that at the relevant time doctors were not available at P.H.C.s Lambagaon and Jaisinghpur, therefore, the injured was taken to C.H.C., Thural, for medical examination. The petitioners have not alleged any specific allegation against PW-6 Dr. B.K.Gautam, who examined PW-2 Rakesh Kumar and issued M.L.C. There is nothing on record that parents of complainant also sustained injuries when they intervened and saved injured. Therefore, the plea of defence that parents of injured did not receive injury creates suspicion has no force. The appeal was decided by lower appellate Court in presence of counsel for petitioners, therefore, the plea of the petitioners that appeal was decided by preponing has also no force.
The two Courts below have rightly appreciated the material on record. It is not a case of no evidence. On the contrary, there is overwhelming evidence against the petitioners. The view taken by two Courts below emerges from the evidence on record. There is no perversity in the impugned judgment. The evidence has been considered only to find out the correctness of the findings recorded by two Courts below. In revision, the evidence cannot be reappreciated unless it is shown that the two Courts below have relied inadmissible evidence or material evidence has been ignored while recording conviction, but no finding based on such evidence has been pointed out. The sentence imposed is also not on the higher side. There is no merit in the revision. In view of above, revision is dismissed. The bail bonds of the petitioners are cancelled. The petitioners are directed to surrender to serve out the sentence imposed.