Udham Singh and Others vs State of Haryana

T.P.S. Mann, J.—Vide impugned judgment of conviction and order of sentence passed by Additional Sessions Judge, Gurgaon the Appellants were convicted u/s 307 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 1000/-each and in default of payment of fine, to undergo further rigorous imprisonment for two months. Aggrieved of the same, the Appellants filed the present appeal in which they are on bail. Mohinder Singh-complainant also filed Crl. Revision No. 2216 of 2002 wherein he prayed for enhancement of the sentences of imprisonment and fine of the Appellants and for granting adequate compensation to him. As both the matters arise out of the same judgment of conviction and sentence, they are being disposed of together.

According to the prosecution, the occurrence in question had taken place on 26.6.2001 at about 9.00 PM when Mohinder Singh-complainant was returning to his village after visiting the house of his mausi in village Didhara. When he reached the turning towards his village near the field of Mahavir, he came across the four Appellants. Udham Singh and Kuldeep Appellants were having country made pistols, while Mahender Singh and Ram Niwas Appellants were carrying dandas. The Appellants raised lalkara to kill him as they had come to know about the purpose for which he had come out on interim bail. Mahender Singh Appellant wielded the danda in causing an injury on the leg of Mohinder Singh-complainant. The remaining three Appellants also grappled with the complainant. However, the complainant managed to free himself from their clutches and started running for his safety. Udham Singh and Kuldeep Appellants then fired from their pistols, hitting Mohinder Singh-complainant on his buttocks, whereafter he fell down on the ground. All the Appellants then decamped from the spot. One Ved Parkash and complainant''s cousin Ranbir reached the spot after sometime and removed him to Government Hospital, Taoru, from where he was referred to Gurgaon. While going to Gurgaon Hospital, Mohinder Singh complainant came across ASI Om Parkash in Anaj Mandi, Gurgaon and made his statement. The same was, thereafter, forwarded by ASI Om Parkash to the police station through Constable Balraj Singh with the directions that it be entered in the daily diary register and further proceedings regarding registration of the case would be taken up after holding necessary verification. Accordingly, DDR No. 26 dated 26.6.2001 was recorded at Police Station, Taoru.

The complainant was, thereafter, taken to Gurgaon where he was medico-legally examined by PW-8 Dr Krishan Kumar at General Hospital, Gurgaon, who found the following injuries on his person:

(1) Multiple circular, oval abrasions and lacerations present on the buttocks on both sides and upper part of right thigh. Margins were blackened. Discrete on left side more on the right side. Corresponding rents present over the shirt, baniyan, underwear and pant. Advised x-ray.

(2) Diffused swelling on the right ankle on medial side. Painful on examination.

According to the doctor injury No. 1 was by fire arm and kept under observation whereas injury No. 2 was simple. Both the injuries were caused within a duration of six hours. The doctor had also noticed corresponding holes on the baniyan, shirt, underwear and pant of the complainant. Dr S.K. Sharma conducted radiological examination of the injured and opined that there were multiple pellets seen in both AP and lateral view of the pelvis and both thighs.

After carrying out necessary verification, ASI Om Parkash got registered formal FIR against the Appellants on 2.7.2001 and arrested the Appellants. Upon completion of investigation and presentation of challan, the Appellants were charged for the aforementioned offences to which they pleaded not guilty and claimed trial.

In support of its case, the prosecution examined PW-1 Mohinder Singh, PW-2 MHC Rajbir Singh, PW-3 Dr S.K. Sharma, PW-4, ASI Sukhbir Singh, PW-5 Sarwan Kumar, Draftsman, PW-6 Ganpat, Line Officer, Central Jail, Gurgaon, PW-7 SI Anil Kumar, PW-8 Dr Krishan Kumar and PW-9 ASI Om Parkash. Rs.

When examined u/s 313 Cr.P.C, all the Appellants denied the prosecution allegations and pleaded false implication. However, they did not examine any witness in their defence.

The trial Court believed the prosecution case and convicted and sentenced the Appellants, as mentioned above.

Learned senior counsel has made a valiant attempt to convince the Court about the false implication of the Appellants. However, after going through the evidence available on the file, I find that conviction of the Appellants, as recorded by the trial Court, is well-merited.

Learned Counsel for the Appellants has further submitted that Udham Singh and Kuldeep Appellants, who were said to have fired from their country made pistols hitting Mohinder Singh-complainant, have already undergone a period of about one year and eight months, while Mahender Singh Appellant, who had wielded the danda in causing a simple injury on the ankle of Mohinder Singh-complainant and Ram Niwas Appellant, who had grappled with the complainant, have undergone a period of three months each. All the Appellants have been facing the agony of criminal prosecution for the last more than nine years. The present appeal has remained pending for more than eight years. All this while, no further incident has taken place between the Appellants, on the one hand and Mohinder Singh-complainant, on the other. None of the Appellants is a previous offender. At the time of occurrence, all the Appellants were young persons and two of them, namely, Kuldeep and Ram Niwas were students. All of them are the sole bread-earners of their respective families. Under these circumstances, the remaining sentences of imprisonment of the Appellants be set aside.

Learned State counsel has submitted that Udham Singh and Kuldeep Appellants had fired from their country made pistols at Mohinder Singh-complainant with an intent to kill him. Similarly, Mahender Singh and Ram Niwas Appellants had also taken active part during the occurrence. Therefore, none of the Appellants deserves any concession in the matter of sentence. However, he has placed on record custody certificates as per which Kuldeep Appellant has undergone an actual sentence of one year, seven months and eighteen days, while in the case of Mahender Singh and Ram Niwas Appellants, the said period is two months and twenty eight days.

Learned Counsel for the Appellants has produced a photo copy of the custody certificate issued in respect of Udham Singh Appellant as per which, he remained in jail as an under-trial from 23.7.2001 to 17.7.2002. It has also been stated that after his conviction and sentence by the trial Court on 18.7.2002, he was granted the concession of bail by this Court on 13.3.2003. In all, he has undergone an actual sentence of one year, seven months and twenty days.

Taking into consideration the totality of the circumstances, the Court is of the view that no useful purpose would be served by sending the Appellants behind the bars once again for undergoing their remaining sentences of imprisonment. Ends of justice would be amply met if the substantive sentences of the Appellants are reduced to that already undergone by them. At the same time, the fine of Rs. 1000/-imposed by the trial Court upon each of the Appellants can be enhanced so as to adequately compensate Mohinder Singh-injured/complainant.

Resultantly, the conviction of the Appellants u/s 307 read with Section 34 IPC is maintained. The substantive sentences of imprisonment of the Appellants are reduced to that already undergone by them. The fine of Rs. 1000/-imposed upon each of the Appellants by the trial Court is enhanced to Rs. 15,000/-. The enhanced amount of fine be deposited by the Appellants with the trial Court within three months from today, failing which they shall be required to undergo rigorous imprisonment for one year. The enhanced amount of fine, on its deposit, be disbursed to Mohinder Singh-injured/complainant as compensation.