Criminal Revision No.748 of 1994 & 760 of 1994 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.748 of 1994 Date of decision: February 25, 2008 Krishan Kumar and others … Petitioners Versus State of Haryana … Respondent Criminal Revision No.760 of 1994 Rameshwar … Petitioner Versus State of Haryana … Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Vinod S. Bhardwaj, Advocate for petitioners. Mr. D.S.Bishnoi, Advocate for complainant. Mr. Manmohan Sikka, Assistant Advocate General, Haryana for the State. KANWALJIT SINGH AHLUWALIA, J. (Oral) By this common order, two revision petitions No.748 of 1994 and 760 of 1994 will be decided. Criminal Revision No. 748 of 1994 has been preferred by Krishan, Raj Pal sons of Basti Ram and Sahib Ram son of Dalip Singh. Criminal Revision No.748 of 1994 & 760 of 1994 2 Whereas Criminal Revision No. 760 of 1994 has been preferred by Rameshwar son of Prithvi Ram Bishnoi. All these four accused along with one Vijay Singh were tried in case FIR No.491 dated 17.12.1989 registered at Police Station Sadar, Hissar for offences under Section 326/325/324/323 read with Section 34 IPC. Vijay Singh died during trial. Exhibit PA, statement of complainant Sanohar Lal was recorded in Civil Hospital, Hissar, where he was admitted. It was stated by him that on the day of occurrence, he was going to Tibbewala fields by his cycle. When he reached near the fields belonging to Vijay Singh accused at about 1.00 p.m., he saw his brother Chabil Dass coming on a cycle from opposite direction. Shiv Lal was sitting on the pillion of the cycle of Chabil Dass. It is further stated that from the field of Vijay Singh, Krishan accused emerged armed with an axe. He gave push to Sanohar Lal complainant and at that time Krishan called for his other co-accused. On the extortion, Krishan, Raj Pal and Sahib Ram armed with lathis and Rameshwar armed with Jaili surfaced at the spot. Sequence of occurrence has been given in para 6 of the trial Court judgment and it will be apposite here to reproduce the same: “6. Krishan accused gave an axe blow on the web region of hand in between left index and middle finger. He gave 2nd blow to the complainant on the left arm just above the elbow joint, 3rd blow to the complainant below his right knee and forth on the right palm. Rajpal accused gave a lathi blow to the complainant above his left ankle. Saheb Ram gave a lathi blow to the complainant on his right foot and below the right elbow. Vijay Singh accused has given a lathi blow to the complainant on the right side of the back near the shoulder joint. Rameshwar accused gave a jaili blow to the complainant on his left thigh and 2nd on the right side of the back just above the hip joint and forth on the left ankle.” Criminal Revision No.748 of 1994 & 760 of 1994 3 Due to intervention of Chabil Dass and Shiv Lal, complainant was saved and the accused decamped from the spot along with their weapons. Manohar Lal another brother of the complainant brought tractor and complainant was taken to the Civil Hospital. The FIR was investigated and report under Section 173 was submitted. Accused were charged. They pleaded not guilty and claimed trial. Prosecution examined Sanohar Lal complainant as PW-1, Shiv Lal as PW-2 to corroborate the version of complainant. Prithvi Singh brother of the complainant appeared as PW-3 to prove motive. Dr.N.M. Sharma PW-4 had medico-legally examined Sanohar Lal, injured PW-1. 11 injuries were found on the person of Sanohar Lal. Injuries were recorded in the medico-legal report which is reproduced below: “PW-4 Dr.N.M. Sharma, S.M.O.General Hospital, Adampur on SA. During my posting as General Hospital Hisar on 17.12.1989 at 2.45 P.M. I examined injured Sanohar Lal son of Har Lal son of Lekh Ram, aged 50 years, r/o Mangali P.S.Sadar, Hisar brought by Manohar Lal brother of the injured and found the following injuries on his person:- 1. An incised wound of size 3 ½” X ½” bone deep Bone was seen through the would was present in web region of the hand in between the left index and middle finger. Margins were regular and bleeding was present. Injury was kept under observation for x-ray. 2. An incised would of size 1 ½” X ½” spindal shaped was present over the lateral aspect of the lower 1/3rd of the left arm. Bleeding was present and margins were regular. Corresponding out in the shirt was present. 3. A lacerate would of 2.75” X ½”, Bone was seen through the would was present in oblique directions over the medial size of lower 1/3rd of the leg near the ankal joint. Margins were Criminal Revision No.748 of 1994 & 760 of 1994 4 irregular. Bleedings were present. There was free moment underlying the injuries and bony sounds were heard on the moment of underlying injury suggestive of fracture of the bone underlying the injury. Injury was advised for x-ray for the treatment point of view. 4. Bruise pinkish in colour 6” X 1” oblique in direction over the middle upper 1/3rd of the left thigh. 5. A scratch mark 3” X 2 M.I. oblique indirection. Dermins deep was present over the dorsum of the right foot. 6. Incised would 1 ½” cm X ½ cm. Skin deep was present mid of interior aspect of right leg. 7. A pinkish bruise of size 2 ½” X 5” was present over the right infract scapular area of the back of the right side chest. Soft tissue swelling was present. Deep tenderness was present. Injury was kept under observation and was advised x-ray of chest rib. 8. Pinkish bruise of size 2” X 5” over right lumber region with no deep tenderness. 9. Incised would of 2.75” X ½” was present over Pamar aspect of the right hand. Margins were regular. Bleeds and advised x-ray of the right hand. 10. Pinkish bruise 2” X 1” on the upper 1/3rd of the 1 ft. forearm. Deep tenderness was present advised x-ray. 11. Three abrasions of 1” X ½”, 1” X 1” cm. over the right elbow. Epidermis deep clotted blood was over it. No deep tenderness was present. Injury No.1, 2, 6 and 9 caused by the sharp weapon while rest by blunt weapon. Probable duration of all injuries were within 12 hours. Nature of injuries for No.3 was declared grevious while injury No.4, 5, 6, 11 and 8 were declared simple in nature and injury No.1, 7, 9 and 10 were kept under observation for the x-ray report. Carbon copy of MLR in Ex.PW4/A, original bearing my signature and diagram showing the injuries Ex.PW4/B. Ruqa PW4/C. After getting the x-ray report No.913 to 916 dated 18.12.1989 nature of injuries were declared Injury No.1 and 7 as grievous in nature and injury No.9 and 10 were declared as sample in nature. My opinion is Ex.PW4/D about injuries. Criminal Revision No.748 of 1994 & 760 of 1994 5 All injuries are possible at 5.00 p.m. on 17.12.1989 Five Injuries are on the front portion of the body of the patient below the waste. They included injury No. 6 and 9 (incised would). Rest of the injuries were never the back part of the body. Injury No.5, 3, 6, 4 and 9 could be possible by a fall of a cycle over the body causing blunt as well as incised wound if any part of the ship blade of the cycle falls on the body. Injury No.1 is on the nonvital part of the body. If two fingers are stretched and apart the web region in between the two finger could give a tear if a blow of blunt weapon hits the stretched part. A tear can give a appearance of incised would like the tear on the bony projection of other parts of the body. Injury No.1 was on the dorsal aspect of the hand area. The likens of the injury No.1 could being any position of the hand if is hand of the pamer side of the assailants injury will be caused on the pamer aspect of the hand. The dimension the injury No.7 and 8 is near the equal i.e. 2” X 5” and 2 ½” X 5”. These injuries could also be caused by a fall on the hard surface. Injury No. 10 and 11 are also possible by fall on the hard surface. I have not examined any penetrating would on the body in the injuries described. A jelly if pushed it gives a penetrating would. Kulahari is a heary cutting weapon. A hit by the heavy force of the Kulahari could caused the extensive damage of the party. There was a complete fracture of second matacarpel bone in the x-ray film and one end of the bone is totally separated from rest of the part. Sharp weapon injuries inflicting the skin over the body if it is deep it give the cut on the bone. In this case there was a complete fracture of the bone. A fracture of the bone could also be likely by blunt weapon and in this case if there was two blows sharp as well as by blunt weapon incised would as well as fracture could be caused.” PW-5, Dr. R.P.Singal radiologically examined Sanohar Lal, who opined injury No.1, 3 and 7 to be grievous. Statement of accused under Section 313 Cr.P.C. is recorded and they stated that they contested for election for Sarpanch against Criminal Revision No.748 of 1994 & 760 of 1994 6 Prithvi Singh, complaint’s brother, who had lost the election and due to the grudge, they have been falsely implicated. I have heard Mr. Vinod S.Bhardwaj, counsel for the petitioner; Mr.Manmohan Sikka, counsel for the State and Mr.D.S.Bishnoi, counsel for the complainant. Mr.Bhardwaj has stated that due to the enmity, five persons have been implicated. Prosecution has miserably failed to prove the motive and delay in the lodging of the FIR has been used for consultations and deliberations to falsely implicate the petitioners. It has been further stated that there are material contradictions, improvements and discrepancies in the testimony of PW-1 Sanohar Lal and PW-2 Shiv Lal. It has been further stated that Shiv Lal PW-2 was not present at the spot. I am not convinced with the contentions raised by the counsel for the petitioner. Two courts below have appreciated the evidence and have returned the findings of fact. The courts below have been unanimous that testimony of Sanohar Lal PW-1 and Shiv Lal PW-2 aspire confidence and the same is free from any blemish. It has been further concluded by two courts below that the prosecution has also proved motive by examining PW-3 Prithvi Singh. The injured has suffered 11 injuries, out of which three injuries are grievous. He will be the last person to falsely implicate. The number of injuries in itself suggests that injuries have been caused by number of accused. Incise and blunt weapons have been used. Therefore, exercising revisional jurisdiction, I affirm the findings of the courts below. Revision petition preferred by Krishan and Raj Pal is dismissed. However, sentence of Sahib Ram and Rameshwar is reduced to nine months and sentence of fine is enhanced to Rs.5000/- qua both Sahib Ram and Rameshwar. The fine shall be deposited within a Criminal Revision No.748 of 1994 & 760 of 1994 7 period of three months from today. Non deposit of fine by the petitioners shall render both the present revision petitions as dismissed. [Kanwaljit Singh Ahluwalia] Judge February 25, 2008. rps