Ranjit Singh vs Mehanga Singh and ors.

S.S. Grewal, J.

This appeal as well as revision petition No. 1273 of 1982 are directed against order of the trial Magistrate dated 21111981 whereby accused respondents were acquitted in respect of charge u/ss. 325/324/148 and 149 of the Indian Penal Code. Both the appeal as well as the revision petition shall be disposed of by this judgment.

In brief facts relevant for the disposal of this case as emerge from the First Information Report lodged by Ranjit Singh injured, are, that on 3371979, at about 9 P.M. while he was present at his house along with Gurbax Singh PM., Mehanga Singh accused armed with a Gandasi and other coaccused namely, Baldev Singh, Gurbachan Singh, Jarnail Singh and Kuldip Singh armed with dangs come there. Mehanga Singh opened the attack and gave Gandasi blow on the left knee of Ranjit Singh Ranjit Singh PW tried to get up. Immediately thereafter Mehanga Singh gave another Gandasi blow on the head of Ranjit Singh PW who fell down with his face downwards. Baldev Singh accused gave Dang blow on the right shoulder of Ranjit Singh. Thereafter other accused continued giving Dang blows to Ranjit Singh and Gurbax Singh PWs. On hearing the alarm raised by the said injured, Sher Singh and Baldev Singh came to the spot, witnessed the occurrence and on their intervention the accused ran away from the spot along with their respective weapons. After the occurrence Sher Singh took Ranjit Singh injured to the Police Station in a tractor trolly where Ranjit Singh PW lodged the report with the police. Both the injured were got examined. The Investigating Officer went to the spot, inspected the same, prepared rough site plan, recorded the statements of the witnesses and arrested the accused. After completion of the investigation, the accused were challaned, tried and acquitted as stated earlier. Kuldip Singh accused died during the trial.

After the prosecution closed its evidence, the accused in their statements recorded under Section 313 of the Code of Criminal Procedure denied the prosecution allegations appearing in evidence against them and pleaded false implication. No evidence, however, was led in their defence.

The learned counsel for the parties were heard.

It is by now well settled that in an appeal against acquittal this Court would not ordinarily interfere with the trial court''s conclusion unless there are some compelling reasons to do so, inter alia, there are some errors of law or fact resulting in miscarriage of justice.

On behalf of the State, it was mainly contended that the First Information Report in this case was lodged with all promptitude within 1/12 hours of occurrence on the statement of Ranjit Singh who received as many as 20 injuries on his person including two incised wounds. His testimony and that of Gurbax Singh PW who too received as many as 8 injuries on his person coupled with the statement of Baldev Singh who reached the spot on hearing the alarm and witnessed the occurrence is creditable and trustworthy and finds ample corroboration from the medical evidence on the record. The argument is devoid of any merit According to Ranjit Singh PW he became unconscious at the spot on receipt of 56 injuries and regained consciousness after 2/3 days of occurrence. He further admitted that the witnesses had told him that he received 212 injuries. He also admitted that he did not ask anybody as to who had given him Dang blows as he became unconscious at the spot and he could not talk to anybody even after regaining consciousness about the occurrence. Sher Singh who is alleged to have taken Ranjit Singh to the Police Station, incidentally, was not examined by the prosecution during the trial. Apart from that it is a night time occurrence. Admittedly there was no source of light near the spot at the time of the occurrence. It is significant to note that neither any of the accused are alleged to have raised any laikara or exhorted their coaccused at the time of the alleged occurrence to attackthe complainant nor any of the two injured or Baldev Singh PW deposed about the manner in which they identified the culprits. Besides, Gurbax Singh injured had named only Mehanga Singh and Baldev Singh as the culprits who came and gave injuries to him and Ranjit Singh PW and he does not know the names of other three accused. Gurbax Singh PW also deposed that he received 5/6 blows and became unconscious and regained consciousness on the next day of the occurrence at about 10 A.M. All these circumstances taken together cast grave doubt about the prosecution version either that the First Information Report was actually recorded on the basis of the statement of Ranjit Singh PW with all promptitude as alleged by the prosecution, or, that the eyewitnesses including two injured were able to identify their assailants.

Apart from that it is significant to note that both Ranjit Singh and Gurbax Singh are registered bad characters and there had been persistent civil as well as criminal litigation between Ranjit Singh PW on one side and Mehanga Singh and Baldev Singh on the other prior to the present occurrence. Moreover, the village of Gurbax Singh PW is situated at a distance of about 8 miles from the place of occurrence. He has not been able to give any cogent reason for his presence at the spot at the time of the occurrence. It is difficult to believe that without any rhyme or reason Gurbax Singh PW would go to the house of Ranjit Singh PW at 11 A.M. on the day of occurrence and wait for him for a considerable time i.e. till about 9.30 P.M. when the occurrence took place. Gurbax Singh PW is a mere chance witness and his presence at the spot at the time of the occurrence is highly doubtful. Conduct of Baldev Singh PW who neither went to the Police Station or hospital, nor, narrated the occurrence to any body else is inconsistent with natural human conduct. Besides his deposition that Ranjit Singh merely received three injuries, whereas, the medicolegal report shows 20 injuries on his person casts grave doubt about the veracity of Baldev Singh PW and shows that he is a wholly unreliable witness. Gurbax Singh PW tried to introduce during the trial for the first time that he received a Gandasi blow from Mehanga Singh from its reverse side on his head whereas, according to Baldev Singh PW, Mehanga Singh accused had also given Gandasi blow from its reverse side on the chest of Ranjit Singh PW. This aspect of the prosecution story further shows that these two witnesses are not reliable witnesses and have scant respect for truth and have tried to introduce new facts which are inconsistent with the earliest version given by Ranjit Singh injured.

Another important aspect of the case is that even though according to Ranjit Singh PW he remained lying at the spot for about half an hour and blood had oozed from his injuries and after receipt of injuries he fell down. For reasons best known the Investigating Officer who allegedly reached the spot on the night of occurrence could not find any stains of blood near the spot, which he inspected with the help of torch light. This aspect of the case also casts grave doubt about the prosecution version that the occurrence took place in the courtyard of the house of Ranjit Singh PW. Rather it supports the defence plea that both Ranjit Singh and Gurbax Singh who are registered bad characters and had enmity with the several other persons, received injuries elsewhere.

The learned trial Court which had added advantage of watching the demeanor of the witnesses has rightly disbelieved the ocular account and acquitted the accused holding that the prosecution has failed to bring home charge against them beyond reasonable doubt. Both the appeal as well as the connected revision are without any merit and are hereby dismissed.