State of Punjab vs Vijay Kumar and Another

Sat Pal, J.—This appeal has been preferred by the State against the judgment dated 17-11-1988 passed by Sub Divisional Judicial Magistrate, Phul whereby the learned trial Court acquitted two of the five accused namely Vijay Kumar son of Sant Ram and Bhana Ram son of Sant Ram.

Briefly stated the case of the prosecution is that Arnin Chand complainant PW-3 had opened grocery shop in village Mansa Khurd in the year 1985 where Sant Ram and his four sons were already having the same business. It is further alleged that Sant Ram and his sons were annoyed against PW-3 Amin Chand for having opened this shop. It is further alleged that on 6-12-1985 at about 10.00 a.m. when PW-3 was returning to his shop from the fields and had reached at the crossing in the common land, Sant Ram and his four sons namely Hemraj, Premnath, Vijay Kumar and Bhana Ram armed with Gandasas/Dangs suddenly appeared. Thereafter accused Sant Ram raised a lalkara that complainant PW-3 be taught a lesson for opening a shop in their village and on this Sant Ram who was armed with a Dang gave a blow on the left leg of the complainant below the knee. Hansraj who was armed with a Gandasa gave a blow with that weapon at the same part of the body, Vijay Kumar who was also armed with a gandasa gave a blow on the right hand of the complainant while Bhana Ram who was also armed with a Gandasa gave a blow on the back of the complainant. As a result of these injuries, the complainant fell down and in the meantime Nagauri Singh and Issar Singh came on the spot and rescued the complainant and the accused Sant Ram and his above mentioned sons left the place of occurrence with their respective weapons. The injured was removed to the hospital at Balian Wali where he was examined by Dr. Nathu Ram PW-1 who after examining the complainant prepared the MOLR Ex. PA. AS per examination of the complainant by Dr. Nathu Ram following injuries were found on his person: --

1 - An incised wound 6 cms x 2cms was present on the interior surface of left leg, about 7cms below the left knee joint. Bone deep fresh bleeding was present. Advised X-ray.

2 - A lacerated wound 1 cm x � cms on anterior surface of left leg in its middle was present. Fresh bleeding was present.

3 - A lacerated wound on the planter surface of right foot in its middle was present measuring about 2x1 cms.

4 - An aleniar abrasion was present about 4 cms in length on dorsal aspect of the left elbow joint. Surrounding swelling was present. Advise X-ray.

5 - A linear abrasion about 3 cms on the dorsal aspect of the left arm was present, about 4cms above the elbow joint. Surrounding swelling was present. Advised X-ray.

6 - A contusion about 8 cms x 3 cms on the lateral surface of the left arm was present at a distance of about 10cms. above the elbow joint.

7 - A contusion about 9 x 3 cms on the leateral aspect of the left arm was present, at a distance of about 15 cms from the elbow joint.

8 - A contusion about 7 x 2 cms on the lateral aspect of the left arm was present, at a distance of about 22 cms above the elbow joint.

9 - An abrasion about 2 x � cms was present on the front of chest on the inter mannary line 2cms away from the midline on its right. Fresh bleeding was present.

10 - Incised wound 1� x � cms on the right thumb on its planter aspect in the middle of the terminal planx was present. Advised X-ray.

11 - An incised wound 3 cms x 1 cms bone deep on the left scapula was present, in its lower angle of the back. Fresh bleeding was present. Advised X-ray.

12 - An abrasion 1 x 1 cms on dorsal surface of the proximal inter-phalangeal joint of the right little finger was present.

13 - An abrasion 2 cms x � cms was present 1 cms from the line.

As per report, injuries No. 1.10 and 12 were caused by sharp edged weapon while remaining injuries were caused by blunt weapon. After the receipt of the X-ray report, injuries No. 1.10 and 11 were declared grievous. After the investigation of the case Sant Ram and all his four sons were challaned u/s 326/325/324/323/148, I.P.C read with Section 149, I.P.C.

The prosecution examined five witnesses. PW-1 Dr. Nathu Ram had examined the injured on 6-12-1985 and he proved the injuries found on the person of the injured and M-LR Ex.PA. PW-2 Dr. SS. Walia proved the X-ray report of the injured which is Ex.PB. PW-3 Amin Chand who is the injured and the complainant in this case, proved the injuries caused to him by the accused. PW-4 Nagauri Singh who is the other eye witness of the occurrence also proved the injuries caused to Amin Chand complainant by the accused. PW-5 AST Ajmer Singh is the Investigating Officer who proved the details of the investigation conducted by him.

Statements of all the accused u/s 313 of Criminal Procedure Code were recorded. All the accused denied the allegations and contended that infact complainant Amin Chand PW-3 and Nagauri Singh PW-4 armed with Gandasas had come to the shop of Sant Ram accused and attacked him and caused some injuries to Sant Ram and on this accused Hemraj and accused Prem Nath sons of accused Sant Ram while rescuing their father had caused injuries to complainant Amin Chand. The accused Bhana Ram further submitted that at the relevant time he was studying in the Agricultural University at Ludhiana. Similarly accused Vijay Kumar further submitted that he was studying in ITI Bhatinda. All the accused contended that a false case was registered against them.

The learned trial Court by the impugned judgment covicted accused Hemraj u/s 326, I.P.C. and sentenced to undergo, RI for six months and fine of Rs. 500/- (In default of fine to undergo further RI for one month) and convicted accused Sant Ram and Prem Nath u/s 326 read with Section 34, I.P.''C. and sentenced them to undergo RI for four months and to pay fine of Rs. 300/- (in default of fine to undergo further RI for one month). Accused Prem Nath was convicted u/s 325, I.P.C. and sentenced to undergo RI for four months and to pay a fine of Rs. 200/- (in default of payment of fine to undergo further RI for one month and accused Hemraj and Sant Ram were convicted u/s 325 read with Section 34, I.P.C. were sentenced to undergo RI for three months. All these accused were also convicted u/s 323, I.P.C. and were sentenced to undergo RI for three months. The remaining two accused hamely. Vijay Kumar and Bhana Ram were, however, acquitted by the learned trial Court.

The present appeal has been filed by the State againstthe acquittal of accused Vijay Kumar and Bhana Ram.

Mr. Dhaliwal learned Deputy Advocate General appearing on behalf of the State submitted that there was a clear motive on the part of the accused as the accused Sant Ram and his sons were annoyed with the complainant Amin Chand as he had opened a grocery shop in their village and this had affected their business. He further submitted that the accused had caused injuries to the complainant Amin Chand on 6-12-1985 at 2 p.m. at Mansa Khurd and this place was at a distance of about 8 kms. from Police Station Balianwali. The injured was taken to the Balianwali Hospital and after the doctor gave his opinion that the injured was fit to make a statement his statement was recorded by the Police. He further submitted that the statement of the injured was concluded at 2 p.m. and at 2.10 p.m. formal FIR was recorded. He submitted that since the FIR was recorded promptly, the evidence given by the injured in respect of accused Bhana Ram and Vijay Kumar should not be discarded. He further submitted that the ocular version of the complainant PW3 with regard to the injuries caused by the accused Bhana Ram and Vijay Kumar is consistent with the medical evidence. He, therefore, contended that the appeal filed by the State should be allowed and the respondents be convicted and sentenced.

Mr. Sangha, learned counsel appearing on behalf of the respondents, however, submitted that both the respondents admittedly were students at the relevant time and one of them was studying at Bhatinda and the other was studying at Ludhiana. He further submitted that the complainant in his statement has himself admitted that the said respondents used to come to the village on Sundays and the day of occurrence was not Sunday. He therefore, contended that the appeal filed by the State should be dismissed.

We have given our thoughtful consideration to the submissions made by the learned counsel for the parties and have carefully gone through the evidence of the complainant PW-3, Amin Chand.

The reasons for acquittal given by the learned Sub Divisional Judicial Magistrate are that the complainant PW-3, Amin Chand, himself had admitted in his cross-examination that the respondents came to the village only on Sundays and the day of occurrence was not Sunday. The learned trial Court, therefore, came to the conclusion that in view of the admission of PW-3 himself, the presence of accused Bhana Ram and Vijay Kumar on the spot was doubtful. The injuries attributed to the respondents were allegedly caused with a Gandasa and another accused Hans Raj who had been convicted was also armed with a Gandasa. Keeping in view the said fact and the admission of the complainant that the respondents were studying outside the village and they used to come to the village only on Sundays and the day of occurrence was not Sunday, we are of the considered opinion that the view taken by the learned trial Court cannot be said to be unreasonable. For these reasons, we do not find any merit in this appeal. In this connection, reference may be made to the judgment of the Supreme Court in, Gurmej Kaur v. State of Haryana 1995 SCC 167. In this case it was held by the Hon''ble Supreme Court that once it was found that the view taken by the trial Court cannot be said to be unreasonable, the High Court should be slow in interfering in an appeal against acquittal even if the High Court was of the view that it would give a scope for different decision from that taken by the trial Court.

In view of the above discussion we do not find any merit in this appeal and accordingly the appeal is dismissed.