Swaranjit Singh @ Another vs State of Haryana

Learned State counsel has filed affidavit of Mr. J.S. Sethi, Superintendent, District Jail, Sirsa, mentioning the period of imprisonment undergone by the applicant-appellant No. 1-Swaranjit Singh. The same is taken on record.

Heard learned counsel for the parties.

Criminal misc. application has been filed seeking suspension of sentence of imprisonment of the applicant-appellant No. 1-Swaranjit Singh, during pendency of the appeal.

In the incident that occurred on 01.08.2006 at about 8/9 pm, it is alleged by the complainant-Puran that his brother Om Parkash (deceased) had gone to sleep in his courtyard on a cot. Puran-complainant, with his children, was sleeping in the compound of his house, which is separate from the house of Om Parkash (deceased). At about 1/2 am, Puran -complainant, heard the noise of Om Parkash (deceased). He along with his son Sandeep, his wife Dhapa Devi and wife of Om Parkash namely Kamla Devi, went towards Om Parkash (deceased). They had a lantern and a torch in their hands. In the light of the torch, they saw that five young men namely Satpal (accused No. 1), Vinod (accused No. 7), Rampal (accused No. 3), Swaranjit Singh (applicant-appellant No. 1) and Gautam @ Gomda (accused No. 8) were standing near Om Paraksh. Satpal (accused No. 1) and Vinod (accused No. 7) were armed with swords, Swaranjit Singh (applicant-appellant No. 1) was armed with Gandassi, Gautam (accused No. 8) was armed with a knife, Rampal (accused No. 3) was armed with kappa and they were causing injuries to Om Parkash with their respective weapons. The complainant-Puran tried to rescue him and in their presence Vinod (accused No. 7) and Satpal (accused No. 1) gave one blow each with their swords, hitting on the head of Om Parkash. Swaranjit Singh (applicant-appellant No. 1) gave a gandassa blow, hitting on the right hand of Om Parkash. Thereafter, they left Om Parkash (deceased), Satpal (accused No. 1) and Vinod (accused No. 7) attacked upon Purancomplainant, causing one injury each on his head with swords. Gautam (accused No. 8) caused injury on the left lip of Puran -complainant with his knife. Swaranjit Singh (applicant-appellant No. 1) gave 2/3 blows which hit Puran -complainant on his left arm. Rampal (accused No. 3) gave a kappa blow which hit him on his same arm. The wife of Puran -complainant also received minor injuries in the scuffle. All the accused, while causing injuries, were saying that they have taught a lesson to them for not giving share of Santosh. On hearing the noise, some persons came on the spot from the neighbourhood and on their reaching the place of occurrence, the accused managed to run away with their respective weapons. The cause of grudge was that Santosh (accused No. 5) is the son of Guddi, who is the sister of Om Parkash (deceased) and Puran -complainant and he was demanding the share of his mother in the land.

The role attributed to the applicant-appellant No. 1 Swaranjit Singh is that he gave a gandassa blow on the right hand of Om Parkash (deceased). Besides, he gave 2/3 blows on the left arm of Puran -complainant. Injury on the person of Om Parkash (deceased) is not on a vital part of his body. Dr. Amit Soni (PW 5), Medical Officer, PHC, Agroha, stated that Puran Chand had received six injuries on his person. All the injuries were kept under observation. He declared all the injuries except injury No. 5 to be grievous. Besides, it was stated that injury No. 4 was caused with a blunt weapon and other injuries were caused with a sharp edged weapon. Swaranjit Singh (applicant-appellant No. 1) is attributed 2/3 blows on the left arm of Puran Chand-complainant. The injury on the left arm is injury No. 4 which is a lacerated wound of 6 x 1.5 cm x skin deep on ulnar aspect of lower 1/3rd of left forearm. Fresh bleeding was present. The said injury is simple, besides, it is with a blunt weapon.

In terms of the affidavit of Mr.J.S.Sethi, Superintendent, District Jail, Sirsa the applicant-appellant No. 1 Swaranjit Singh has undergone imprisonment of 5 years 2 months and 3 days as on 15.11.2011. Keeping in view the role attributed to the applicant-appellant No. 1-Swaranjit Singh and the period of imprisonment undergone by him, it would be just and expedient to suspend the sentence of imprisonment of the applicant-appellant No. 1-Swaranjit Singh.

Accordingly, the criminal misc. application is allowed and the sentence of imprisonment of applicant-appellant No. 1-Swaranjit Singh, shall, during the pendency of the appeal, remain suspended subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Sirsa.