Crl.Rev.No.899 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Revision No.899 of 2009 Date of Decision: 27 - 4 - 2009 Wazir and others .....Petitioners v. State of Haryana .....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.G.S.Gill, Advocate for the petitioners. Mr.S.S.Mor, Sr. DAG, Haryana. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) The present revision petition has been filed by Wazir, his father Manphool, uncle Ramphal, Balwan son of Nafia and Rishi Pal son of Raja Ram. They were tried in case FIR No.156 dated 31.5.1998 registered at Police Station Kalayat under Sections 148, 323, 324, 325, 326, 506 and 149 IPC. The trial Court sentenced them as under:- “They all are sentenced to undergo rigorous imprisonment for two months under section 148/149 of Indian Penal Code. They all are sentenced to undergo rigorous imprisonment for three months under section 323/149 of Indian Penal Code. They all are sentenced to undergo rigorous imprisonment for Crl.Rev.No.899 of 2009 [2] five months under section 324/149 of Indian Penal Code. They all are sentenced to undergo rigorous imprisonment for six months under section 325/149 of Indian Penal Code and to pay a fine of Rs.100/-(Rs.one hundred only) each. In default of payment of fine they shall further undergo rigorous imprisonment for ten days. They all are sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.100/- (Rs.one hundred only) each under section 326/149 of Indian Penal Code. In default of payment of fine they shall further undergo rigorous imprisonment for fifteen days. They all are sentenced to undergo rigorous imprisonment for six months under section 506/149 of Indian Penal Code.” Aggrieved against the same, petitioners had filed an appeal. Their appeal was dismissed and the conviction and sentence was maintained. In the present case, FIR was registered on the statement made by Pala Ram son of Mola Ram. He made statement Ex.PW2/A to the Assistant Sub Inspector, Police Station Kalayat. Occurrence in the present case had taken place on 28.5.1998 at about 10.00 p.m. Statement of Pala Ram was recorded on 31.5.1998 at 6.30 P.M. at Kaithal. Case set out by Pala Ram is that on 28.5.1998 he had retired to his bed after taking meals when at about 10.00 p.m., accused Rishi Pal and Wazir armed with Gandasies, Manphool and Ramphal armed with lathies and Balwan armed with Jelli came to the roof of his house. A lalkara was exhorted by Rishi Pal that for extending the help to Beero, Pala Ram should be taught a lesson. Rishi Pal inflicted a gandasi blow on the upper limb of Pala Ram, as Crl.Rev.No.899 of 2009 [3] a result whereof, one tooth of Pala Ram was damaged. Thereafter Balwan inflicted a Jelli blow on right elbow, Manphool inflicted two lathi blows on his right leg and Ramphal gave a nudge blow of lathi on his chest and waist. Wife of Pala Ram had made the noise, upon which Lakhmi son of Mola and Mange Ram son of Baru Ram attracted to the spot. On their arrival, accused fled away from the spot along with their weapons. On the next morning, Pala Ram was taken to the Government Hospital, Kaithal. On the statement made by Pala Ram, formal FIR Ex.PW2/A was registered. Case was investigated and report under Section 173 Cr.P.C. was submitted. The trial Court framed charges against the petitioners. They were charged for offence under Section 148 IPC for constituting unlawful assembly. They were charged for offence under Sections 323/149 IPC being members of unlawful assembly for causing simple injuries to Pala Ram. They were charged for offence under Sections 324/149 IPC for causing simple injuries to Pala Ram. They were also charged for offence under Sections 325/149 IPC for causing grievous injuries to Pala Ram. They were also charged for offences under Sections 326/149/506 IPC for causing grievous injuries to Pala Ram. In the present case Pala Ram was medico legally examined by Dr.Rajesh Johri on 29.5.1998. Following injuries were found on his person:- 1. There was a sharp edged cut injury extending from the lateral side of lip of left side of the nasal septum in left nasal canal dividing nasal into two parts to the floor of the nasal canal upto lateral margin of the left side of the upper lip just short of angle of mouth and is bone deep extending Crl.Rev.No.899 of 2009 [4] to the upper margin of the left side gums of upper teeth x- ray mouth advised frontal view at GH Kaithal. 2. Upper cut (frontal) insizer tooth and loose other teeth with pain are seen show the patient referred to Dental Surgeon for the dental examination and reporting. 3. Multiple contusion marked of 2 cm width are present at the posterior lateral aspect of the right elbow extending from the medial apcondyle lateral apcondyle right arm. Swelling present and movement are very painful at this joint x-ray elbow joint right advised. 4. 0.5 x 0.25 cm lacerated wound with large swelling and painful at movement is present on the left lower leg 12 cm inferior to the left knee joint on tibial aspect x-ray AP and lateral advised at GH Kaithal bleeding starts when wound is cleaned. 5. There was swelling with abrasion at middle of the upper leg right painful on touch x-ray advised. 6. There was swelling with contusion mark inferior laterally to the right knee joint x-ray advised. 7. There was multiple contusion with on front of chest wall extending from 3cm x 0.5 to 1 x 0.5 cm. two at the medial aspect of the both nipples patient complaint of chest pain with act of respiration. X-ray was advised. 8. 7 x 0.5 cm contusion mark obliquely placed just lateral to the mid line of abdomen above the umbicus patient complaint pain in abdomen x-ray abdomen advised. Crl.Rev.No.899 of 2009 [5] 9. 4 x 2 cm contusion with abrasion at the left side of the medico inferior angle of the left scapula. X-ray was advised.” Dr.R.P.Goyal conducted radiological examination of Pala Ram. He found fracture of left leg. His x-ray report was exhibited as Ex.PW4/A. Dr.J.N.Verma, Dental Surgeon appeared as PW-8. He had examined the injured on 31.5.1998. He stated that all teeth were present. Right upper central incisor was fractured obliquely in the crown portion only right upper central and lateral incsiors and left central incisors were tender on percussion. There was contusion of the upper lip opposite right central incisor. He further stated that oral hygiene was satisfactory, fractured ground was sharp and sensitive. He further stated that all the teeths were firm. In support of its case, prosecution examined Pala Ram as PW-2 and Bhateri wife of Pala Ram as PW-3. The testimonies of both the witnesses have been believed by two Courts below. Mr.G.S.Gill appearing for the petitioners has stated that Lakhmi Chand and Mange Ram have not been examined. Prosecution has examined only interested witnesses Pala Ram and his wife Bhateri. It has been stated that Lakhmi Chand was given up as unnecessary and Mange Ram was not examined being won over by the accused. Counsel for the petitioners has stated that no corroboration is coming forward to support the prosecution version and there are material contradictions, discrepancies and improvements in the testimonies of PW-2 Pala Ram and PW-3 Bhateri. In the present case, occurrence had taken place in the house of Pala Ram complainant in the night. Witnesses are expected to be present in their house. Therefore, the presence of Bhateri is natural in the house. Crl.Rev.No.899 of 2009 [6] Therefore, she is a reliable witness and two Courts below had rightly relied upon testimony of two witnesses. In the present case, the injured would the last person to falsely implicate any one especially when he has received nine injuries in the occurrence. Mr.Gill has further submitted that grave error has been committed by two Courts below by holding that offence under Section 326 IPC is made out. Before this argument could be developed further, Mr.Gill at this stage has submitted that he will not be in a position to assail the conviction. He state that in the present case occurrence had taken place in the year 1998. Petitioners had suffered a protracted trial of 11 years. It has been further submitted that petitioners are in custody for the last 53 days. It is further submitted that petitioners are ready and willing to compensate the injured. Counsel state that this prayer should be seen in the context that prosecution has failed to prove the motive of the occurrence as Beero for whom the alleged incident took place, appeared as DW-1 and she had stated that for her both the sides are equal and that for her no quarrel/fight between the parties took place. Counsel has further submitted that petitioners have committed no offence before the registration of the case and thereafter. Taking into consideration the protracted trial and the fact that petitioners are ready and willing to compensate complainant Pala Ram, the sentence awarded upon the petitioners is reduced to the period already undergone. However, the sentence of fine qua each accused is enhanced to Rs.15,000/-. Amount of fine of Rs.75,000/- shall be paid as compensation to injured Pala Ram. In case sentence of fine is not deposited, no benefit in reduction of sentence shall accrue to the petitioners. Subject to aforesaid modification in the order of sentence, the Crl.Rev.No.899 of 2009 [7] revision petition stand disposed off. ( KANWALJIT SINGH AHLUWALIA ) April 27, 2009. JUDGE RC