Criminal Revision No. 1740 of 2005 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 1740 of 2005 Date of decision:- 20.12.2010 Narain Dass and others ...Petitioners Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE A.N.JINDAL Present:- Mr. G.S. Sidhu, Advocate for the petitioners. Mr. J.S. Rattu, DAG Haryana. A.N.JINDAL J. Four accused-petitioners namely Narain Dass, Sham Lal, Nittu @ Krishan Gopal and Banti @ Satish Kumar were prosecuted for causing injuries to Shiv Dayal, consequently, vide judgment dated 27.4.2001 passed by the trial Court, they were convicted and sentenced to undergo rigorous imprisonment for six months each under Section 323 IPC read with Section 34 IPC, rigorous imprisonment for six months each under Section 324 IPC (wrongly mentioned as 323 IPC in the trial Court judgment) read with Section 34 IPC and rigorous imprisonment for one year each under Section 325 IPC read with Section 34 IPC. Their appeal was also dismissed on 31.8.2005. On 09.12.1993 at 4 PM when the complainant Shiv Dayal (herein referred as 'the complainant') was on his way to the field, the accused Krishan Gopal and Banti came across him. Late Narain Dass and Criminal Revision No. 1740 of 2005 -2- Sham Lal also joined them. They exhorted for teaching him a lesson for demanding share in the land and then exhorted to attack him, whereupon, Krishan Gopal and Banti caused Kasiya blows on the person of complainant causing simple as well as grievous injuries. Narain Dass and Sham Lal also gave fist and slap blows to the complainant. On hearing hue and cry raised by the complainant, Sohan Lal and Ramesh Kumar came there and rescued the complainant. Thereafter, all the accused fled away from the scene of occurrence. The complainant was shifted to the hospital, where, he was medico legally examined. On the aforesaid statement made by the complainant, FIR was registered and the case was investigated. The accused were arrested. Statements of witnesses were recorded. The site plan was prepared and the medico legal reports were collected. On submission of the charge report, all the accused were charged under Sections 324,323,325,34 IPC to which they pleaded not guilty and opted to contest. The prosecution, in order to substantiate the charges, examined four witnesses in all namely Shiv Dayal-complainant as PW1, Balwan Singh, HC as PW2, Diwan Chand eye witness as PW3 and Dr. M.R. Bishnoi as PW4. When examined under Section 313 Cr.P.C., the accused denied all the incriminating circumstances appearing against them and pleaded their false implication in the case. However, they did not lead evidence in their defence. The trial resulted into conviction of the accused persons and their appeal also dismissed. Counsel for the accused has vehemently contended that the Criminal Revision No. 1740 of 2005 -3- prosecution has failed to prove the manner in which the occurrence had taken place. The complainant party has not explained the injuries on the person of Krishan Gopal. Civil litigation is also pending between the parties. Narain Dass and Sham Lal being empty handed had not caused any injuries and deserve clean acquittal and the remaining accused should be extended benefit of right to defence. To the contrary, Mr. J.S. Rattu, Deputy Advocate General, Haryana, while supporting the view taken by the Courts below, has urged that both the Courts below have rightly indicated the accused for the offence. I have given my thoughtful consideration to the rival contentions and find some merit therein qua the complicity of Narain Dass and Sham Lal petitioners. Before determining their liability, I need to reproduce the statement of Dr. M.R. Bishnoi, who had examined the injured Shiv Dayal and found the following injuries on his person:- “1. Lecerated wound on scalp 3x5 cms.x bone deep on left perieto occipital region obliquely placed, edged were irregular inverted bleed on touch. Advised x-ray. 2. Lecerated wound 1.5 x 1 cm. skin deep on left side of fore-head just above to left eye brow. Edges were irregular inverted and clotted blood on it. 3. Contusion 2 x 2 cms. in size on upper region of nose. Tender and reddish with bleeding from right nostril present. Advised x-ray. 4. Lacerated wound 1 x 5 cms. in size on lower lips and gums. Both are of same size. Edges were irregular. Left first central inciser tooth was Criminal Revision No. 1740 of 2005 -4- missing and fresh bleeding was present from the socket. There were two right central inciser teeth dislocated with bleeding from their socket at roots. Neighboring teeth on both sides were firm and healthy. Total number of teeth on low jaw were 12 in number. 5. Multiple abrasions 4 x 3 cms. in area. Oval in size. Varies in size from .5 x .25 cms. to .25 cms x .25 cms. on right shoulder joint. 6. Bruise 22 x 3 cms. in size tender reddish on back and in mid chest region, transversely placed. Advised x-ray. 7. Bruise 24 x 3 cms. in size obliquely placed on left side of back from left eliac chest to back bone. Advised x-ray. 8. Contusion 6 x 4 cms. in size on back of right shoulder joint and scapula. Tender reddish. Advised x-ray. 9. Contusion 6 x 4 cms. in size on lateral aspect of left leg lower 1/3 part. Tender reddish. Advised x-ray. 10. Bruise 16 x 3 cms. obliquely reddish in colour on left thigh lateral aspect. 11. Contusion 4 x 4 cms. in size on costal margin at anterior axilliary line. Tender and reddish in colour on right abdominal part. Advised x-ray. 12. An incised wound 1.5 x 5 cms. x bone deep on terminal inter phalangeal joint of left index finger. Edges were clean cut evertal advised x-ray. 13. Contusion 2 x 2 cm. in size on dorsal aspect of left thumb interohalangeal joint. Tender. Advised x- ray. 14. An incised wound 3 x 1 cms. x mussel deep on right leg anterior in upper half region. Edges Criminal Revision No. 1740 of 2005 -5- were clean cut evertal with clotted blood. Injuries No.12 and 14 were found to be the result of sharp edged weapons and rest were with blunt weapon. Injury No.4 was declared grevious in nature and injuries No.2,5,10 and 14 were simple and rest were kept under observation.” On minute examination of the statement of Dr. M.R. Bishnoi it comes out that the injuries were either the result of sharp or blunt weapons and no question was asked to him if the injuries were result of fist or slap blows. Sham Lal and Narain Dass are stated to have caused fist blows and slap blows in the stomach over the leg, head and shoulder of Shiv Dayal but it is not explained as to how many blows were caused by Sham Lal and Narain Dass respectively. Actually, it appears that Banti @ Satish Kumar and Nittu @ Krishan Gopal caused injuries with the sharp weapons (either from the sharp or blunt side) whereas Narain Dass and Sham Lal are attributed slap and fist blows. Therefore, in view of the fact that there was enmity between the parties; a civil litigation was also going on between them regarding the partition of the land and there was 9 hours delay in lodging the FIR, there were all chances of addition of the accused. Now, coming to the next contention that the complainant party did not explain the injuries on the person of Krishan Gopal @ Nittu. The said argument lack the merit. The injuries suffered by Krishan Gopal merely contusions or abrasions. None of the injuries is on vital part of his body nor these are grievous in nature. It is well settled that the prosecution is not required to explain the minor injuries, it is observed by Criminal Revision No. 1740 of 2005 -6- the Apex Court in case Jagat Singh v. State of Punjab 1994(3) RCR 125 that even if the prosecution fails to explain minor injuries on the person of the accused that by itself is not enough to reject prosecution case and the accused is not entitled to right of private defence. As against the injuries of Krishan Gopal, out of fourteen injuries suffered by Shiv Dayal, three injuries are grievous in nature; one tooth of Shiv Dayal was broken and other two teeth were dislocated. The injuries were on vital parts, therefore, no right of private defence was available to the accused. As regard the participation of Krishan Gopal @ Nittu and Banti @ Satish Kumar, Krishan Gopal @ Nittu himself admits that he had also suffered injuries during the incident, therefore, his participation cannot be exonerated. The consistent evidence of the injured-witness is also to the effect that Nittu @ Krishan Gopal and Banti @ Satish Kumar were armed with Kasiya with which they caused injuries to Shiv Dayal. His testimony finds corroboration from the testimony of Diwan Chand (PW3). The ocular version finds further corroboration from the medical evidence. Therefore, there is no reason to disbelieve these two witnesses qua the injuries caused by Banti and Nittu. No merit could be found in the contention that Investigating Officer was not examined. He being not an eye witness, and the proceedings of investigation having been proved by other evidence, his non-examination could not adversely effect the prosecution case. As regards the motive, complainant-injured Shiv Dayal has stated during the cross-examination that he and his brothers were in possession of their own land and accused had filed a civil suit regarding the land measuring 39 Criminal Revision No. 1740 of 2005 -7- Kanals and the accused had the grudge on that account. In the wake of the aforesaid discussions, this revision petition is partly accepted. Accused Narain Dass and Sham Lal are extended benefit of doubt and are acquitted of the charges framed against them. As such, they are directed to set at liberty forthwith. However, since the case against Krishan Gopal and Banti alias Satish Kumar stands duly established, therefore, the conviction and sentence recorded against them by the Courts below is bound to be maintained. As such, this revision petition qua them is dismissed with the modification of sentence, which is reduced to six months under Section 325/34 IPC without any alteration in the sentence of fine. However, the sentence qua the other offences shall remain intact and all the sentences shall run concurrently. December 20, 2010 (A.N.JINDAL) Vijay Asija JUDGE