Teja Singh and Others vs State of Punjab

Kanwaljit Singh Ahluwalia, J.—Present revision petition has been preferred by Teja Singh, Bhappa Singh and Chhinda Singh, sons of Pamma Singh and Ved Masih son of Mana Singh. They were tried by the Court of Judicial Magistrate (1st Class), Abohar in a case FIR No. 2 dated 02.01.1995 registered at Police Station Khuian Sarwar under Sections 326, 325, 324, 323, 148 and 149 IPC. The trial Judge vide his judgment and order dated 01.12.2000 convicted and sentenced the petitioners as under:

Name of Offences Sentence Fine In default of appellant u/s payment of fine

Teja Singh 323 IPC RI for one -- -- year

326/34 IPC RI for three Rs. 2000/- RI for two years months 325/34 IPC RI for three Rs. 1000/- RI for two years months 324/34 IPC RI for one Rs. 500/- RI for one year month.

Bhappa 325 IPC RI for three Rs. 1000/- RI for two Singh year months 326/34 IPC RI for three Rs. 2000/- RI for two years months 324 IPC RI for one Rs. 500/- RI for one year month 323/34 IPC RI for one -- -- year

Ved Masih 326 IPC RI for three Rs. 2000/- RI for two @ Mel Singh years months 325 IPC RI for three Rs. 1000/- RI for two months months 324/34 IPC RI for one Rs. 500/- RI for one year month 323 IPC RI for one -- -- year

All the substantive sentences were ordered to run concurrently.

Aggrieved against the same, petitioners had filed an appeal. The lower appellate Court upheld the conviction, however, reduced the sentence from three years to two years rigorous imprisonment for offences punishable u/s 326, 325 or 326/34 or 325/34 IPC.

FIR in the present case was registered on the basis of statement made by Jaswant Singh PW-1. Brief facts of the case have been recapitulated by the lower appellate Court in para 3 of its judgment. It will be apposite here to reproduce the same as under:

On 1.1.1995 at about 8.30 p.m., while complainant was sitting on the cot lying in courtyard of his house, then Bhappa Singh accused armed with Kasla, Chhinda Singh accused armed with Karand Bhanani, Teja Singh accused armed with dang and Mel Singh alias Ved Masih accused armed with gandasi came present at house of complainant. Bhappa Singh raised lalkara for proclaiming that Jaswant Singh complainant should become bold. Then complainant got up from the cot and came forward for claiming that he will not allow accused to pass from the courtyard of his house. Chhinda Singh gave blow of karand Bhanani, which hit above ankle of right leg of complainant. This karand Bhanani has one sharp spike and one blunt spike. Mel Singh alias Ved Parkash gave blow by means of gandasi, which hit on ring finger of left hand of complainant. Kasia blow given by Bhappa Singh hit on the right arm�s wrist of complainant and second blow of Kasia given by Bhappa Singh hit on the right arms elbow. Push blow of dang given by Teja Singh hit on the back of shoulder of complainant. Then Mel Singh alias Ved Masih gave another blow of gandasi, which hit complainant on the back of his left hand�s finger adjoining thumb. Even this blow hit other adjoining fingers also. On noise being raised by complainant, his wife Amarjit Kaur and his brother Mehar Singh came present on the spot and they saved complainant. Thereafter, accused persons fled away from the spot with their respective weapons. After arranging for vehicle, complainant in injured condition brought to Civil Hospital, Abohar, where he was got admitted, and medically examined. After recording this statement Ex.P4, endorsement Ex.PW4/C made, on which F.I.R. Ex.PW4/D registered. Spot was inspected and site plan of place of occurrence prepared. Lateron after arrest of accused Bhappa Singh and Ved Masih, recovery of Kasia from Bhappa Singh and of Gandasi from Ved Masih affected and these weapons taken in police possession through recovery memo Ex.PW6/A and Ex.PW6/B. Karandi recovered from Jasbir Singh also taken in police possession through recovery memo Ex.PW6/C. After obtaining x-ray reports and skigrams and completion of investigation, challan against appellant Bhappa Singh, Ved Masih alias Mel Singh along with Jasbir Singh, Sohan Singh and Balbir Singh was presented, but appellants Teja Singh and Chhinda Singh were arrayed in column number 2 of report u/s 173 Cr.P.C.

Both the Courts below have relied upon the testimony of Jaswant Singh injured PW-1. Furthermore, testimony of this witness has been corroborated by his wife Amarjit Kaur PW-3. Occurrence, in the present case, had taken place on 1st January, 1995 at about 8.30 p.m. Jaswant Singh had received injuries and is a stamped witness.

Presence of his wife Amarjit Kaur PW-3 in the night at her house is natural and probable. The occurrence had taken place in the courtyard of the house of Jaswant Singh. I have read the statement of Jaswant Singh injured complainant PW-1 and his wife Amarjit Kaur PW-3. Both the Courts below have rightly held that the testimony of these two witnesses aspire confidence. Jaswant Singh was medico legally examined by Dr.P.R.Bhadu PW-2, who found the following eight injuries on his person:

There was a lacerated wound 2 x 0.5 cm on Antero medial side of right leg on its lower part. Fresh bleeding was present. Crepitious was present. Abnormal moments were present. The underlying bone was fractured and the leg was deviated medially.

There was a lacerated wound 1.5 x 0.5 cm bone deep present on front of right leg 6 cm above the injury No. 1. Fresh bleeding was present.

There was an incised wound 2 x 0.5 cm bone deep present on dorsum of left hand on distal part. Fresh bleeding was present. Advised x-ray.

There was an incised wound 2.5 x 0.2 cm bone deep oblique present on dorsal lateral side of left ring finger on phalnx. Fresh bleeding was present.

There was an incised wound 2 x 0.2 cm bone deep oblique was present on dorsal side of left middle finger over proxminal inter phalangear joint. Advised x-ray.

There was an abrasion 2 x 1 cm with underlying swelling 8 x 6 cm present on back of right forearm lower part. Tenderness was present. Advised x-ray.

Abrasion 1 x 1 cm on back of right elbow.

Patient complained of pain on back of left shoulder but there was no mark of external injury.

Injury No. 1 was found grievous falling u/s 325 IPC. Subsequently, on the report submitted by the Radiologist Dr.Hardit Jyoti PW-7, injuries No. 4, 5 and 6 were also declared grievous. These injuries were on the hand of the injured complainant.

Mr. A.S. Kalra, Advocate appearing for the petitioners, has stated that the occurrence, in the present case, had taken place in January 1995. A period of more than 15 years has elapsed and the petitioners have suffered mental pain and agony of a protracted trial. Therefore, the sentence awarded upon the petitioners should be reduced to the period already undergone.

This Court cannot ignore of the fact that Jaswant Singh had suffered four grievous injuries, out of which three injuries, i.e. injury No. 4, 5 and 6 were on his hand. Therefore, this Court has to balance the aggravating and the mitigating circumstances. Taking into consideration the entire conspectus of the case, this Court is of the view that ends of justice will be fully met in case sentence awarded upon the petitioners is reduced from two years to nine months rigorous imprisonment.

With the modification in sentence ordered above, present revision petition is disposed of.