66 CriminalAppealNo 771 SB of2003 1 IN THE HIGH COURT OF PUNJAB HARYANA AT CHANIGARH CriminalAppealNo 771SB of2003 Dateofdecision 19 10Oll 1tr Gumamand others 0 4ppeUants 0 VS t5 2r tateof Haryana 2espondent m 0 CORAM HONBLE NH2 JUSTICE KCPURI Z Cr OO 1 Whether Reporters of Local may be allowedto seethe a7 Z 2 To bereferredto theReporters or not2 3 the shouldbe in theDigest2 0m PresentlSh RahulVats Advocate for the Sh ManishDeswal DeputyAdvocateGeneral Harye KC PURI Je Gumam Satnam Sham Sukh and Amar Jeet have directedthis appeal against the dated92003 6 ANITA 2015.01.02 11: 13 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 67 riminal AppealNo 771SB of2003 2 and orderdated10A2003 passedbyShriDPChauhan leamedAdditional SessionsJudgeHisar vide which the have been convicted under Sections 307 read with Section34 ofthe IndianPenal Code in shor the IPC 9 underSections332 readwith Section34 IPC 1 andunder Sections 353 readwith Section34 IPC and sentencedallthe 0 accusedto undergo rigorous for a periodof Oveyearsand to 0 0 pay fine of Rs001 andin default offine to further undergo 9 rigorous for one month each under Section 307 read with I Section34 ofthe IPC All the accusedwere furthersentenced to Z rigorous for a periodof one year eachunder Section332 read with Section 34 of the IPC Theywere 8irther sentenced to L rigorous for a periodof oneyear eachunder Section 353 read I with Section34 of the IPC However all sentences were ordered to Z run C 2 The case whenputin brief is thaton 111997 a m7 Z ruqa fromthe Medical Officer Civil HospitalHisar admissionof tl Head ConstableJasbir Singhand HeadConstableNarenderKumar was received policepartyheadedby ASI Nar Singhwent to CivilHospitalHisar and after the opinionof the doctor fitnessofthe injured to makestatement on 1231997recordedthe statement of HC JagbirSingh an wasmadeby Nar SinghASI to the Medical Officer for opinionwhetherthe injured were not fit to makestatement Medical Officer had foundas many as nine injuries on his as describedin thisMLR andinjuryNo in respectof Narender Kumar HCinjuredwas to have been causedwith sharpedged ANITA 2015.01.02 11: 13 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 68 1 CriminalAppealNo771SBof2003 3 weaponbytheMedical Officer On l71997 another was made byASI Nar Singhto theMedicaIOfEcer Civil HospitaIHisarfor opinionifinjured were flt to makestatement The Medical OfOcergavehis opinionto the effect that both the injuredwere fit to make statement 1 Thereafter he recorded the statement of injuredJagbirSinghHead fr Constableandon thebasisofwhich fonnalFIR ExPPll was recorded 0 0 3 It has been allegedthat HC JagbirSingh 0 NarenderKumar HC was present at ChauthaMile SirsaRoad J2 Hisar in connectionwith patrollingdutywhen secret informationwas Z receivedthat and one another person were distilling t illicit liquorbymeans of working still under the kikar trees On thebasis 0 of the said information the NarenderKumar HC I wentto the statedplaceandtheyfoundsome smokecomingout ofthe kikar Z r trees Theyparked their scooter near the minorandwhentheyreachednear QO theplaceof occurrence Gurnam Singhwho was armedwith a kulhari m Z ShamSingh who was annedwith an iron rod and other personsamed with tlm kikkar sticks cametowardsthe and attackedupon them Theyhad caused multipleinjuries on the person of both the injured 1e Singhand NarenderKumar Theysnatchedtheir belts Thereafter bothof them came to the Civil HospitalHisar where theyWereadmitted On the basisof the said statement a case undersections and 186ofIPC was againstall theaccusedDuringinvestigation of thecase the Offlcer had roughSlte planof the placeof occunence ExPQThe bloodstainedunis ofboth theinjured who were policeofficials were takeninto by the ANITA 2015.01.02 11: 13 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 69 N0771SBof2003 4 Officer vide memo ExPQll which was attestedby Bir SinghHC and RanbirSinghHC ScaledsiteplanExPS was also Accused were formally arrested Statementsofthe witnesseswere recorded Aller of the challan was in the Court 1 for trial ofthe accused 0 4 Copiesof challanwere supplied to theaccusedfreeof costs by 0 0 theleamedIllaqa The leamedIllaqa had committed C5 thecase to thecourt ofSessionvideorder dated2581 998 I 5 The learnedAdditionalSessionsJudgeHisar aer hearingthe Ct Z and the Jearnedcounselfor the accused amed charges under 5 Section 307 read with Section34 IPC Section353 read with Section34 IPC 0 andSection332 readwith Section34 IPC against the accused The accused C0 pleaded not guiltyto thechargeand claimedtrial Z 6 In orderto prove its case examinedDrDayaNand oo PW19 DrArun Kumar Gupta6PW29Inspector Prem SinghPV39 ASI Z BSGoriya W4 ConstableSiri Pal PM HC VijaySinghPWe69SI Om DilbagW79 HC RajSingh6PW8 HC Ved Pal We99SI Raghunath Singh Saini PW101ASI ShishRam PH ASI RanbirSingh6PW121 ASI Nar SinghPW139 HC JagbirSinghPW149HC NarenderSingh PW15 Satpal PatwariOPW169Ram Phal retiredInspectorPW79 and MuktRam Ex HeadConstablePH18 7 In theirstatementsrecordedunder Section 313 CrPC the accuseddeniedallthe andhave their false in thiscase In theirdefence theyexaminedJamailKaur OOW 11and MukeshKumarAhlmad6Dl9 andclosedthesame ANITA 2015.01.02 11: 13 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document J 70 CriminalAppealNo 771SB of2003 5 1 8 The learnedtrial Courtafterappraisal ofthe evidencefoundthe guiltyunderSections 307 read with Section34 IPC of the IPC underSections332 readwith Section34 IPC andunderSections 353 readwith Section34 IPC and sentencedthem as narratedabove 9 Feelingdissatis6ed with the above said dated 9A003 and order dated 102003 the have the 0 0 presentappeal I 10 I have heard submissionsmade by learnedcounsel for the C5 I and have alsogonethrough therecordsofthe case Z 11 Learned counsel for the has not the 5t conviction recorded bythe trial Court in respectof offencesunder Sections 0 353 332 readwith Section34 ofthe IPC but hassubmittedthat I L0 of offence under Sections307134of the IPC are not made out It is Z Ct contendedthatthe trial Courthas itselfheld that none of the injuries have C been declaredgrievous or to life bythe doctor The trial Court 4 S3 haswrongly held thatsincethe injuryis with thekulharion the head of the Z Om injured andas such ofoffenceunderSection307 ofthe IPC are made out It is contendedthat variousauthoritieswere cited before the learned trial Court to impress it that the of ofTence under Section307 oftheIPC can onlybe said to be made out in case any ofthe injury the life of the injuredAt the most the offence under Section324 ofthe IPC ie causingsimplehurt by a sharpweaponis made out 12 Lastly it 1S submittedthat as per custody certificate Gumamhas lncarceration fore a periodof one year six months Il ANITA 2015.01.02 11: 13 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 71 1 c1riminal AppealNo 771SBof2003 J P 1 and flvedays Satnam has incarcerationfor a periodof one year five months and SlX days and Surinder Singhhas incarceration for a periodof one year two monthsand AmarjitSinghhas lncarceratlOIl for a periodof one year four monthsand seven m daysThe sentence underSections332 and353 ofthe IPC is onlyfor one 0 yeareach So prayer hasbeenmade for reductionin sentence for theperiod 0 0 already I 13 The learnedStatecounselhassubmittedthatalthough no injury C5 I has been declaredgrievous but as per the statement of the doctor ntne Z injuries were found on the person of JagbirSinghHC and seven lnJuries were found on the person of Narinder Kumar HC Someof the injuries 0 were on headwith kulhari So the intentionofthe accusedwas to cause the death of policeofficial who were their official duties So the Z prayerhasbeenmadefor dismissalof theappeal CO 14 I have consideredthe submissions made by leamed emo counselfor theparties and havegonethrough the recordsofthe case Z 15 So far as the convictionrecordedby the trial Court under Sections332 353 read with Section34 IPC is concemed that has not been challenged duringthe course of argumentsOtherwisealso I have gone the records the testlmonies of the injuredWltnesses inspire confidence So the convictionrecorded by the trial Coun in respectof offencesunder Sections353 and 332 of the IPC read with 34 of theIPC standafflrmed 16 The main pointfor considerationin the presentappeal 1S whethertheoffence underSection307 ofthe IPC is madeout or not 2 From ANITA 2015.01.02 11: 13 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 72 r CriminalAppealNo 771 SB of2003 1 0 thetestimoniesofPW1 DrDayaNand it is revealedthatas many asnme injuries were foundon the personofJagbirSinghHC and all theseinjuries weretheresultofblunt weapon As many as seven injuries were found on theperson of Narinder Kumar HC injured and out of those seven injuries 1 one inJury was the result of sharpedgedweapon whereas the remaining r other six injurieswere the resultof blunt weapon None of the injuryhas 0 0 beendeclaredgrievous or to life andthatfact hasbeen conceded I t5 bythe learnedStatecounsel Otherwisealso the trial Coun hasalso held I that no injuryon the person of HC JagbirSinghand HC NarinderKumar Z wasgrievous or to their lives r 17 Theleamed trial Court has observedthat since the doctor has I statedthat therewas an injurywith kulharion the headof injuredand as suchthe intentionof theaccusedwas to cause the death of the above said Z injured and accused were convictedunder Sections 307 read with Section m 34 of the IPC also The accusedhave relied upon authority Dhan Rai 7 Z versus Raiesh 199421Criminal Court Judements P82Hl pae 94 and tl Parshotam Lal versus Shin2ara Ram 1996121Recent Criminal ReportsP 8t Hl page 630 to supportthe contentionthat offenceunder Section307 of the IPC is not made out but the trial Court bservedthat sinceone ofthe injury with kulhariis on theheadand as such offenceunder Section307 of theIPC is made out It is admittedcase of the parties that none of the injurywasgrievous or to life Mere inflictingone lnJury On theheadwith Kulhariwith sharpedged weapon in my view does not attract the provision of Section 307 of the IPC more so when that injuryhas been found to be simplein nature Had the intentionof the ANITA 2015.01.02 11: 13 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 73 No771SBof2003 v 2 6 accusedto cause the deathofthe offlcialsof policepartyin thatcase they wouldhavenot stopped byinflictedone injuryon theheadwith sharpedged weapon butwould have intlictedmore injuries with sharpedgedweapon So the of the trial Court in ignoring the authority Parshotam t Q4 Lals and Dhan Rais cases 4suoralwherein it is mentionedthat 0 hasto prove thatinjuryinflicted thelife ofthe injured t43 has beenwronglyignoredbythetrial Court I 0 18 So in view of the above discussion the appealis partly I and that partof the vide which the accusedhave been Z r convictedunderSection307 read with Section34 of the IPC standsset asideand accusedstandacquitted under that provision of law but stand lr convictedfor an offenceunder Section324 read with Section34 ofthe IPC t0 Z The sentence awarded under Sections332 and 353 of the IPC is for one 00 year The havealready incarceratlon for a period as 7 detailed above which is more thanone year byall the Z so the standsentencedunder Section 324 of the IPC for the Il periodthey have already as detailed above The above offine under Sections323 353 and332 read with Section 34 ofthe IPC awardedbythe trialCourt standaffirmed However each ofthe is directedto pay Oneof Rs3000 each under Section324 IPC Thesaidamount of fine be with thetrial Courtwithin two months from today failing which the shall undergorigorous for threemonths On realizationof the said Sne amount that shall be paidto the injured Wltnesses equally as under Section357 of the Code of Criminal Procedure All the sentencesare ANITA 2015.01.02 11: 13 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 74 e 2riminalAppealNo 771 SB of2003 80 1 orderedto be run 19 With the modification in sentence as indicated above the appeal stands 20 A copy of this be sent to the trial Court for strict 1 0 9 0 JUDGE I October 19 2011 t5 SV I 1 Z r3 lr 3 I Il rl Z C vm Z ANITA 2015.01.02 11: 13 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document