IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 1) Criminal Appeal No. 560-DBA of 2001 Dated of Decision:- May 26, 2009 State of Punjab ....APPELLANT VERSUS Gurjant Singh ....RESPONDENT 2) Criminal Appeal No. 1217-SB of 2000 Ajaib Singh and another ....APPELLANTS VERSUS State of Punjab ....RESPONDENT 3) Criminal Appeal No. 1269-SB of 2001 State of Punjab ....APPELLANT VERSUS Ajaib Singh and another ....RESPONDENTS CORAM: HON'BLE MR. JUSTICE MEHTAB S.GILL HON'BLE MRS. JUSTICE DAYA CHAUDHARY 2 Criminal Appeal No. 560-DBA of 2001, Criminal Appeal No. 1217-SB of 2000 and Criminal Appeal No. 1269-SB of 2001 Present:- Sh. Rajesh Bhardwaj, Addl. Advocate General, Punjab. Sh. T.S.Sangha, Sr. Advocate with Sh. Narinder Singh, Advocate (for respondent (s) in Crl.A.No.560-DBA of 2001, Crl.A No.1269-SB of 2001 and for appellants in Crl.A No. 1217-SB of 2000). ------ MEHTAB S.GILL, J. We will be deciding Criminal Appeal No.560-DBA of 2001, Criminal Appeal No.1217-SB of 2000 and Criminal Appeal No.1269-SB of 2001 by the same order/judgment, as they arise out of a common order. The learned Sessions Judge, Bathinda vide his judgment/order dated 20.11.2000/22.11.2000 acquitted Gurjant Singh son of Nachhattar Singh and convicted Ajaib Singh son of Dalip Singh under Section 304 Part II IPC and sentenced him to undergo R.I. for seven years and to pay a fine of Rs.2,000/-, in default to further undergo R.I. for six months. He also convicted Makhan Singh son of Sher Singh under Section 304 Part-II read with Section 34 IPC and sentenced him to undergo R.I. for seven years and to pay a fine of Rs.2,000/-, in default to further undergo R.I. for six months. State of Punjab has filed an appeal against the acquittal of Gurjant Singh son of Nachhattar Singh and for enhancement of sentence and conviction of Ajaib Singh son of Dalip Singh and Makhan Singh son of Sher Singh under Sections 302/34 IPC. The case of the prosecution is that on 21.7.1997, Harjit Singh made a statement before Balwinder Singh ASI, that his brother Malkiat 3 Criminal Appeal No. 560-DBA of 2001, Criminal Appeal No. 1217-SB of 2000 and Criminal Appeal No. 1269-SB of 2001 Singh resided in a separate house adjoining to his house. On 20.7.1997, the common land of the village was being levelled by tractors for construction of a stadium. A large number of people of the village were present and helping in levelling the land. After finishing the work, Harjit Singh, Sukhtej Singh son of Baldev Singh and his brother Malkiat Singh started coming back to their house from the stadium. It was about 9/9.30 p.m. when they reached near the house of Tejinder Singh alias Kuku, resident of Kot Fatta, they saw Makhan Singh son of Sher Singh, Gurjant Singh son of Nachhattar Singh and Ajaib Singh son of Dalip Singh armed with dangs coming. Malkiat Singh was ahead of Harjit Singh. They stopped Malkiat Singh and told him as to why they were forcibly occupying the land and constructing a stadium and they would now teach him a lesson. Ajaib Singh then gave a dang blow, which hit on the chest of Malkiat Singh. Makhan Singh gave a dang blow, which hit on the forehead of Malkiat Singh. Gurjant Singh gave a dang blow, which hit Malkiat Singh near the elbow of his right arm. Malkiat Singh fell down and thereafter Ajaib Singh gave a dang blow, which hit Malkiat Singh on his left leg. Makhan Singh gave another dang blow to Malkiat Singh. Thereafter all the accused ran away. A jeep was arranged and Malkiat Singh was taken to Civil Hospital, Bathinda. The motive for the commission of the offence was, that the accused were angry, as their land was being forcibly occupied, though demarcation had taken place. 4 Criminal Appeal No. 560-DBA of 2001, Criminal Appeal No. 1217-SB of 2000 and Criminal Appeal No. 1269-SB of 2001 On the basis of this statement, FIR Ex.PL/2 was recorded on 21.7.1997 at 11.20 a.m. The prosecution to prove its case brought into the witness box, Dr. Kasturi Lal PW1, Dr. U.S.Sooch PW2, Dr. Prabhdeep Singh Nain PW3, Harjit Singh PW4, Sukhtej Singh PW5, Vinod Kumar PW6, ASI Balwinder Singh PW7, Constable Jaswinder Singh PW8, Constable Sukhdev Singh PW9, SI Sukhchain Singh PW10 and Jang Singh Qanungo (Retd.) PW11. Inder Singh and Bahadur Singh were examined as DW1 and DW2. We have heard the learned counsel for the parties and perused the record and the impugned judgment with their assistance. Harjit Singh PW4 and Sukhtej Singh PW5, both the eye witnesses, have supported the prosecution case. They both have stated, that an electric light was on and it was a moonlit night. Malkiat Singh was 10- 15 Karams ahead of them, when they were attacked by the accused. They have specifically attributed injuries to the accused. They have stated the motive for the commission of the offence. Accused were angry that their land was being taken for the purpose of building a stadium. It has been specifically denied by these witnesses, that deceased Malkiat Singh suffered a heart attack. The medical evidence as propounded by Dr. Kasturi Lal PW1 corroborates the ocular account. Dr. Kasturi Lal PW1 found the following injuries on the person of the deceased:- “ 1. Patient complained of pain and uneasiness in the epigastum. On needle aspiration haemoperitoneum was present. Injury was kept under observation. 5 Criminal Appeal No. 560-DBA of 2001, Criminal Appeal No. 1217-SB of 2000 and Criminal Appeal No. 1269-SB of 2001 2. Reddish contusion 4 cm x 3 cm above the left iliac crest. 3. 2 abrasions 1 cm x 1 cm in size on the right elbow joint on its posterior aspect. Abrasions red in colour. 4. Reddish abrasion 1 cm x 1 cm in size on the left knee joint. 5. Reddish contusion 2 cm x 2 cm in size in the centre of forehead. Advised X-ray. He has stated that there was smell of alcohol, when the patient had come to him. Dr. U.S.Sooch PW2 conducted the post-mortem examination and found the following injuries on the person of the deceased: - “1. Blackish contusion yellowish in its middle. 8” x 4” on the antero lateral aspect of the lower part of left side of chest and upper part of left abdomen. 2. Blackish contusion 3” x 2” with yellowish colouration in its middle above the lateral side of left crest on the lateral flank of the abdomen. 3. Black scabbed abrasion ¾” x ¾” on the left patella. 4. Black scabbed abrasion ¾” x ¾” on the front of left elbow. 5. Yellowish contusion 1” x 1” on the middle of forehead”. From the evidence i.e. statements of the eye witnesses Harjit Singh PW4 and Sukhtej Singh PW5, which are corroborated by the medical evidence as stated by Dr. Kasturi Lal PW1 and Dr. U.S.Sooch PW2, it is clear that Malkiat Singh was injured by Ajaib Singh and Makhan Singh. 6 Criminal Appeal No. 560-DBA of 2001, Criminal Appeal No. 1217-SB of 2000 and Criminal Appeal No. 1269-SB of 2001 In regard to the injury attributed to accused Gurjant Singh i.e. on the right elbow joint, Dr. Kasturi Lal PW1 and Dr. U.S.Sooch PW2 have stated, that there was no such injury. The medical evidence qua Gurjant Singh does not corroborate the ocular account. Benefit of doubt is given to him. He is acquitted of the charge framed against him. The learned trial Court has rightly convicted Ajaib Singh and Makhan Singh under Section 304 Part-II. With the above observations and discussion, it is clear that Ajaib Singh has committed the substantive offence under Section 304 Part II IPC and Makhan Singh has committed an offence with common intention with Ajaib Singh to inflict injuries on Malkiat Singh. Ajaib Singh is convicted under Section 304 Part II IPC and sentenced to undergo R.I. for three years. As Makhan Singh has been convicted under Section 304 Part II read with Section 34 IPC, he is sentenced to undergo R.I. for two years. Fine shall remain intact, as already imposed by the learned trial Court. With the modification in sentence, Criminal Appeal No.560- DBA of 2001, Criminal Appeal No.1217-SB of 2000 and Criminal Appeal No.1269-SB of 2001 are dismissed. (MEHTAB S.GILL) JUDGE (DAYA CHAUDHARY) May 26, 2009 JUDGE SKArora 7 Criminal Appeal No. 560-DBA of 2001, Criminal Appeal No. 1217-SB of 2000 and Criminal Appeal No. 1269-SB of 2001 WHETHER TO BE REFERRED TO REPORTER? YES/NO