Sucha Singh and Others vs State of Punjab

T.P.S. Mann, J.—The appellants have filed the present appeal against the judgment and order dated 1.9.1999 passed by Additional Sessions Judge, Ludhiana, whereby they were convicted and sentenced, as mentioned below:

----------------------------------------------------------------------------------- Name of convict Offence u/s Imprisonment Fine In default ----------------------------------------------------------------------------------- Sucha Singh son 324 IPC 1 year Rs. 300/- 1 month of Harnam Singh

-do- 324/149 IPC 9 months Rs. 200/- 1 month -do- 323/149 IPC 6 months

-do- 148 IPC 1 year

Jagrup Singh 324 IPC 1 year Rs. 300/- 1 month

-do- 324 IPC 1 year Rs. 300/- 1 month

-do- 323/149 IPC 6 months

-do- 148 IPC 1 year

Sucha Singh son 324/149 IPC 9 months Rs. 200/- 1 month of Modan Singh

-do- 324/149 IPC 9 months Rs. 200/- 1 month

-do- 323 IPC 6 months

-do- 148 IPC 1 year

Gurjit Singh 324/149 IPC 9 months Rs. 200/- 1 month

-do- 324/149 IPC 9 months Rs. 200/- 1 month

-do- 323 IPC 6 months

-do- 148 IPC 1 year

Hardip Singh 324/149 IPC 9 months Rs. 200/- 1 month

-do- 324/149 IPC 9 months Rs. 200/- 1 month

-do- 323 IPC 6 months

-do- 148 IPC 1 year -----------------------------------------------------------------------------------

All the sentences were ordered to run concurrently.

The facts giving rise to the present case are that on 18.12.1992 at about 10.00 a.m., complainant-Swaran Singh alongwith his father Kaka Singh and one Jaggar Singh was standing in the abadi and talking to each other. In the meantime, Mohinder Kaur wife of Jaggar Singh came there for throwing the garbage in the shamlat plot where accused Sucha Singh son of Modan Singh and his son Hardip Singh were also standing. Both of them were armed with soties. They tried to stop Mohinder Kaur from throwing the garbage in the pit but she told them that she had been throwing the garbage there for the last 20 years. Both Sucha Singh son of Modan Singh and Hardip Singh claimed that the pit was owned by them. Both of them caused soti blows on the person of Mohinder Kaur. They also raised lalkara exhorting their companions to reach the spot pursuant to which Sucha Singh son of Harnam Singh armed with a dah, Jagrup Singh with a kahi and Gurjit Singh with an iron pipe reached there. When the complainant and others tried to stop the accused and told them not to indulge in high handedness, Jagrup Singh gave two kahi blows on the left side of the face of Kaka Singh while Sucha Singh used reverse side of the dah for inflicting injury on the head of Kaka Singh. Gurjit Singh gave an iron pipe blow on the left leg of complainant-Swaran Singh. All the accused caused more injuries. Jaggar Singh kept on raising alarm telling the accused not to cause injuries. All the accused, thereafter, left the place while carrying their respective weapons. The villagers then removed the injured to Civil Hospital, Samrala where complainant-Swaran Singh and Mohinder Kaur were admitted while Kaka Singh was referred to Ludhiana.

After receiving a ruqa from Civil Hospital, Samrala, ASI Bachittar Singh went to the said hospital and recorded statement Ex.PA of Swaran Singh. However, vide endorsement Ex.PA/1, ASI Bachittar Singh delayed the registration of the FIR as the x-ray report was awaited. Ultimately on 19.12.1992 at 3.30 p.m. formal FIR Ex.PW7/E/1 was recorded at Police Station, Samrala for offences under Sections 307/326/323/149, 148 IPC. After completion of the investigation, the challan was presented against the appellants for the aforementioned offences. As one of the offence, i.e. Section 307 IPC was exclusively triable by the Court of Sessions, the case was committed. Finding a prima facie case against the appellants for offences 307/326/323/149, 148 IPC, learned Additional Sessions Judge, Ludhiana, framed charges against them to which they pleaded not guilty and claimed trial.

In support of its case, the prosecution examined seven witnesses. The ocular account was narrated by PW1 Swaran Singh, PW2 Kaka Singh and PW3 Mohinder Kaur. PW4 Dr.Amarjit Singh deposed about the medical examination of Mohinder Kaur and Swaran Singh whereas PW6 Robinji Ram, Deputy Medical Record Officer, C.M.C. Ludhiana proved injury report Ex.PW6/B prepared by Dr. S.K. Leion. The investigation part of the case was proved by PW5 HC Gurmail Singh and PW7 ASI Bachittar Singh, who by then stood promoted as Sub Inspector.

When examined u/s 313 Cr.P.C., all the accused pleaded innocence. According to them, no such incident had taken place. In fact, Swaran Singh had received injuries under the influence of liquor on the occasion of marriage of Daljit Singh after jumping from a wall. Mohinder Kaur received injuries by friendly hands whereas Kaka Singh received injuries from the mob. The appellants examined DW1 Major Singh, who proved photostat copy of ration card Ex.DA wherein Kaka Singh was not shown as member of the family of Swaran Singh.

After hearing learned Counsel for the parties and going through the evidence, the trial Court believed the prosecution case regarding the infliction of injures by the appellants to Kaka Singh, Mohinder Kaur and Swaran Singh. However, as Dr. S.K. Leion, who had prepared the injury report Ex.PW6/B in respect of Kaka Singh, was not examined by the prosecution and the said injury report was only proved by PW6 Robinji Ram, it was ruled out of consideration. Accordingly, the appellants were acquitted of the charges under Sections 307 and 326 IPC, instead, they were convicted and sentenced for offences under Sections 324/323/149 and 148 IPC, as mentioned above.

I have heard learned Counsel for the parties and perused the evidence with their able assistance.

The three eye witnesses of the occurrence, namely, complainant-Swaran Singh PW1, Kaka Singh PW2 and Mohinder Kaur PW3 had received injuries in the occurrence. Their injuries are corroborated by the medical evidence. There is no material on the record to show that the injuries on the person of Swaran Singh were on account of falling from a wall or that Mohinder Kaur received injuries by a friendly hand or that Kaka Singh received injuries from the mob. Soon after the occurrence all the three injured were removed to the hospital. It was in the hospital it self that the statement of complainant-Swaran Singh was recorded on 18.12.1992 at 2.15 p.m. The formal FIR came to be registered on 19.12.1992 at 3.30 p.m. The promptness with which the matter has been reported to the police is a sufficient indication of the fact that there was no exaggeration by the first informant about the involvement of the accused. The investigation was conducted and after completion of the same, the police had found the involvement of the appellants in the crime.

In view of the above, no case is made out for interference in the conviction of the appellants.

The appellants had been facing the criminal proceedings since the year 1992. According to learned Counsel for the appellants, Jagrup Singh-appellant has already undergone a period of 4� months in jail whereas Sucha Singh son of Harnam Singh has undergone a period of one month. The other three appellants, namely, Sucha Singh son of Modan Singh, Gurjit Singh and Hardip Singh have also undergone a period of 20 days each. The appellants stand convicted for substantive offences under Sections 324 and 323 IPC. Keeping in view the nature of the offence for which the appellants stand convicted, the Court was at one point of time inclined to grant the concession of probation to them, however, keeping in view the injury report Ex.PW6/B, despite the fact that Dr. S.K. Leion, who had prepared it, had not been examined but was proved by PW6 Robinji Ram, it is apparent that the injuries attributed to Jagrup Singh with a kahi on the left side of face of Kaka Singh had resulted into fracture of left makilla and one of the tooth on the left side, therefore, instead of extending the benefit of probation, the Court finds that ends of justice would be met if the substantive sentences of the appellants are reduced to that already undergone by them, subject to their paying adequate amount of compensation to the three injured persons.

Resultantly, the conviction of the appellants for the offences under Sections 324/323/149 and 148 IPC is maintained. However, their substantive sentences of imprisonment are reduced to that already undergone by them. The sentences of fine alongwith default clauses, as awarded by the learned trial Court are maintained. In addition, each of the appellants shall pay an amount of Rs. 10,000/- as compensation, to be deposited with the trial Court within three months from the date of preparation of a certified copy of the order, failing which they shall be required to undergo their remaining substantive sentences of imprisonment. Out of the total amount of Rs. 50,000/-, to be deposited by the appellants, Rs. 30,000/- be disbursed to Kaka Singh injured while Rs. 10,000/-each to Swaran Singh and Mohinder Kaur injured.

Except for the modification in the quantum of sentence, as indicated above, the appeal fails and is, therefore, dismissed.