Sunil and Others vs State of Haryana

Sabina, J.—Appellants were convicted for an offence under Sections 307 read with Section 149 of the Indian Penal Code (''IPC'' for short) and Sections 323/324 IPC read with Section 149 IPC by the Additional Sessions Judge (Fast Track Court) Bhiwani vide judgment dated 30.9.2004. Vide order of even date, they were sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 1000/- u/s 307 IPC read with Section 149 IPC each; to undergo simple imprisonment for a period of six months and to pay a fine of Rs. 100/- u/s 323 IPC read with Section 149 IPC each; to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 300/- u/s 324 IPC read with Section 149 IPC each and to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 200/- u/s 148 IPC each. All the sentences were ordered to run concurrently. Hence, the present appeals by the appellants.

The brief facts of the case, as noticed by the trial Court, read as under:

Brief facts, as unfurled in the story of the prosecution in case titled as State v. Maktool, are that on 6.7.2001 on receiving a VT message, ASI Subhash Chander alongwith other police officials reached General Hospital, Bhiwani obtained the copy of MLR of injured Jaibir where he was informed that the injured had been referred to PGIMS Rohtak. On reaching PGIMS Rohtak, he moved an application before the concerned doctor seeking his opinion and the doctor opined Jaibir injured unfit to make the statement. Statement of Siri Ram, who was present in the hospital, was recorded, wherein he had stated that he was having four brothers and all of them were residing separately. In the year 1996, accused Maktool and his sons Ravinder and Dharambir had caused injuries upon his brother Jaibir, for which, a criminal case was also pending in the Court. On that day, he had gone towards Chindrala''s Johri and his brother Jaibir had gone towards fields for easing themselves. In the meantime, accused Maktool, Ravinder, Dharambir, Anil, Sunil, Vinod and Mukesh (sent to Juvenile Court) armed with lathis and jellies came there. Accused Maktool raised lalkara to teach a lesson to Jaibir for not compromising in pending criminal case. All the accused persons caught hold of Jaibir, gave him slaps and fists blows and he fell down on the ground. All the accused caused injuries upon Jaibir with their respective weapons. On the basis of said statement formal FIR was registered. Further investigations were then carried out. The accused were arrested. Statements of witnesses were recorded. After completion of the necessary investigations, the challan was put up in the Court of learned Illaqa Magistrate, who after resorting to necessary formalities regarding supply of copies etc. committed to the Court of Sessions for trial of the accused under Sections 148/149/323/324/325 IPC, vide commitment order dated 12.11.2003 being the connected case titled as Jaibir v. Maktool.

Learned Counsel for the appellants has not challenged the conviction of the appellants u/s 148 IPC and Sections 307, 323/324 IPC read with Section 149 IPC but has submitted that in view of the compromise effected between the parties, the sentence qua imprisonment of the appellants be reduced to already undergone by them. The appellants are facing criminal proceedings since the year 2001. Jaibir had suffered injuries in the alleged occurrence. Learned Counsel for the appellants has further submitted that the appellants and injured are the resident of the same village and with a view to live in peace, they have amicably settled the dispute.

Injured Jaibir is present in person along with his counsel and has submitted that he has no objection if the sentence qua appellants is reduced to already undergone by them as now the parties have amicably settled the dispute with a view to live peacefully in future.

Accordingly, keeping in view the submissions made by the counsel for the parties, the conviction of the appellants u/s 148 IPC and Sections 307, 323/324 IPC read with Section 149 IPC is maintained. However, the sentence qua imprisonment of the appellants is reduced to already undergone by them. Fine, if not already deposited by the appellants, be deposited within two months from today failing which the appeal shall stand dismissed.