Sucha Ram vs The State of Punjab

Gurnam Singh, J.—Sucha Ram son of Milkhi Ram aged 18 and 19 years and Jugal Kishore son of Sujan Singh aged 22 years, residents of Amritsar, were tried under Sections 307 and 324 read with section 34, Indian Penal Code. The learned Additional Sessions Judge, Amritsar convicted Sucha Ram u/s 307 Indian Penal Code and Jugal Kishore accused u/s 307 read with section 34, Indian Penal Code and sentenced both of them to undergo rigorous imprisonment for five years and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for five months each, with the direction that half of the fine, if realized, shall be paid to Raj Kumar injured. Jugal Kishore was acquitted of the charge u/s 324, Indian Penal Code. Sucha Ram has filed this appeal.

The prosecution story, briefly stated, is that on 4th December, 1975 at about 8 P.M. Raj Kumar injured and Dharam Pal P.W. were going for a walk in Gali No. 23, Nawan Kot Amritsar. When they reached in front of the shop of Bachittar Singh, Sucha Ram and Jugal Kishore accused emerged from the shop of Bachittar Singh raising cat-calls. Both the accused were earlier known to Raj Kumar, Raj Kumar asked the accused not to raise cat-calls, on which they felt annoyed. Jugal Kishore accused was armed with a datar and he tried to cause injuries to Raj Kumar but he warded off the blow by holding the wrist of Jugal Kishore with his left hand. Jugal Kishore accused then shouted exhorting Sucha Ram that he should hurry up. On that Sucha Ram gave a knife blow on the left flank of Raj Kumar, P.W. Bachittar Singh, Krishan Lal and Dharam Pal witnessed the occurrence Krishan Lal tried to seize the weapons from the accused but they ran away along with their weapons. Raj Kumar was removed to the S.G.T.B. Hospital where he was medically examined. Head Constable Jagir Singh, who was posted as Incharge Police Guard, S.G.T.B. Hospital, Amritsar, on receipt of the medicolegal certificate of Raj Kumar went to the third Male Surgical Ward and made application, Exhibit P.B. to obtain the doctor''s opinion about the fitness of Raj Kumar to make a statement. Raj Kumar was declared unfit to make any statement. He then sent the medicolegal certificate of Raj Kumar to Police Station B Division, Amritsar. Dharam Pal made his statement, Exhibit P.G., before the police on the basis of which the case was registered. The accused were arrested on 6th December, 1975. Sucha Ram appellant got recovered knife, Exhibit P. 1, after making a disclosure statement and Jugal Kishore accused got recovered datar, Exhibit P. 3, in pursuance of his disclosure statement.

The prosecution story has been stated by Raj Kumar injured and Dharam Pal, P. Ws.

The accused denied the allegations made against them and stated that they were falsely implicated.

The following injuries were found on the person of Raj Kumar by Dr. Jagdish Chander on 4th December, 1975 at 9. 15 P.M.:--

An incised wound 2 cm X � cm in the left flank transversaly placed, depth not probed subjected to operation notes; bleeding present.

An abrasion � cm X � cm on the back of left little finger.

Injury No. 1 was kept under observation. Raj Kumar was operated upon by Dr. Gurbux Singh, the same day at 11.30 P.M. In the opinion of Dr. Gurbux Singh, the patient would have died of injury No. 1 but for timely medical aid. Raj Kumar remained in the hospital for ten days.

The learned counsel for the appellants contended that the first information report in this case was lodged after delay, that the assailant of Raj Kumar was not known and that they were falsely implicated by Raj Kumar in connivance with Dharam Pal, who was his class-fellow.

It is in the evidence of Raj Kumar that he knew the accused earlier. The occurrence took place in the Bazar where it is expected that some light was available. Dharam Pal, P. W., is also a resident of the locality in which Raj Kumar. P.W., lives. Raj Kumar and Dharam Pal were going for a walk. Since they were residents of the same locality, there is no reason to disbelieve the version that they were going for a walk. Raj Kumar and Dharam Pal had no animus against the appellant to falsely implicate him. It is also not expected of Raj Kumar and Dharam Pal to substitute the accused for the real assailants. In these circumstances even if there was delay in lodging the first information report, the ocular version given by Raj Kumar and Dharam Pal is sufficient to hold that the accused had caused injuries on the person of Raj Kumar. Injury No. 1, which is attributed to the present appellant, in the opinion of the doctor, would have caused the death of Raj Kumar injured but for timely medical aid Dr. Gurbux Singh categorically stated that he did not express anywhere in the operation notes that the injured would have have died but for the timely medical aid. If the injured was really in danger of death, it was expected of Dr. Gurbux Singh that that he should have made a mention of it in his operation notes. His mere saying in the Court at the time of his explanation that the injured would have died if no medical aid was provided to him is not sufficient to hold that the injury was sufficient to cause his death or that the injured was in fear of death. Thus the finding of the learned trial Judge that the offence committed by the appellant was u/s 307, Indian Penal Code, is not correct and in fact the offence committed by him falls u/s 326, Indian Penal Code. The conviction and sentence of Sucha Ram appellant u/s 307, Indian Penal Code are therefore, set aside and instead he is convicted u/s 326, Indian Penal Code. Keeping in view the nature of the injuries, the appellant is sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/-, or, in default of payment of fine to undergo rigorous imprisonment for five months. This appeal is thus partly accepted.