-1- Criminal Appeal No.406-SB of 1999. IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... Criminal Appeal No.406-SB of 1999. Date of Decision: January 25, 2010. Darshan Singh alias Darshi ...Appellant VERSUS State of Punjab ...Respondent 1. Whether the Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? CORAM : HON'BLE MR. JUSTICE MOHINDER PAL. Present: Mr. Sandeep Wadhawan, Advocate, for Mr. Vikram K. Chaudhri, Advocate, for the appellant. Mr. Vishal Munjal, Additional Advocate General, Punjab. -.- MOHINDER PAL, J. This appeal has been filed by Darshan Singh alias Darshi (appellant) against the judgment of conviction and the sentence order dated 22.4.1999 passed by the learned -2- Criminal Appeal No.406-SB of 1999. Additional Sessions Judge, Amritsar, vide which he was convicted and sentenced under Sections 326 and 324 of the Indian Penal Code (hereinafter referred to as `the Code). For the former offence, he was sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.1000/-, in default whereof to undergo further rigorous imprisonment for one year and for the latter offence he was sentenced to undergo rigorous imprisonment for one year. Both the sentences were ordered to run concurrently. The instant case was registered on the basis of statement made by injured-complainant Jaswant Rai. On 14.4.1997, complainant Jaswant Rai and P.W Harjit Singh, who was neighbour of Jaswant Rai, were standing in the street. They came to know that Niranjan Singh, who was a habitual drinker, was lying unconscious in his house. Both Jaswant Singh and Harjit Singh went to the house of Niranjan Singh in their neighbourhood. Harjit Singh gave Rs.50/- to Niranjan Singh for medicine. When Jaswant Rai and Harjit Singh were coming out of the house of Niranjan Singh, appellant Darshan Singh alias Darshi, who was under the influence of liquor, met them. Jaswant Rai told the appellant that Harjit Singh had given Rs.50/- to Niranjan Singh for medicine. Upon this, the appellant abused the complainant by saying that they gave Rs.10/- but were claiming to have given Rs.50/- to Niranjan Singh. The appellant engaged in altercation with the complainant for taking side of Harjit Singh. -3- Criminal Appeal No.406-SB of 1999. The accused-appellant got enraged, took out a knife and gave blows with it on the left arm and left elbow of the complainant. The complainant fell down. Thereafter, the accused-appellant gave a knife blow on the chest of the complainant. Harjit Singh, who was accompanying the complainant and Soma sister of the complainant had witnessed the occurrence. They rescued the complainant. The accused, after causing injuries, went away from the spot with the knife. Smt.Soma, sister of the complainant and Neetu, daughter of the complainant, removed the complainant to Civil Hospital, Tarn Taran. The doctor at the Civil Hospital gave first-aid to the complainant and referred him to Guru Nanak Dev Hospital, Amritsar. After completion of investigation, challan against the accused-appellant was presented before the Ilaqa Magistrate, who committed the case to the Court of Session. Charge under Sections 307 and 324 of the Code was framed against the appellant, who did not plead guilty to the charge and claimed trial. At the trial, the prosecution examined nine witnesses including Dr. Rakesh Sharma (P.W.1), Dr. Rattanjit Singh (P.W.2), complainant Jaswant Rai (P.W.4), Soma (P.W.5), Harjit Singh (P.W.6) and Assistant Sub Inspector Hari Singh, Investigating Officer (P.W.9). In his statement recorded under Section 313 of the Code of Criminal Procedure, the appellant denied the prosecution -4- Criminal Appeal No.406-SB of 1999. allegations and pleaded innocence. No evidence was, however, led by him in defence. I have heard the learned counsel for the parties and have gone through the records of the case. Complainant Jaswant Rai (P.W.4), while deposing in Court, reiterated the version given by him in his statement which led to the registration of the instant case against the appellant. Soma (P.W.5) has stated that on hearing the noise, she had gone to the house of Niranjan Singh and had seen the appellant giving knife blows on the left elbow, upper arm and chest of the complainant. Harjit Singh (P.W.6) has also corroborated the statement of complainant Jaswant Rai (P.W.4) and stated that injuries on the person of Jaswant Rai had been inflicted by the accused. There was no reason for the complainant or the other witnesses who have given the ocular account of the occurrence to falsely implicate the accused by letting the real culprit go Scot free. There was no ill-will or previous enmity on the part of the complainant to name the accused in this case. The blood-stained knife was recovered from the possession of the accused-appellant during investigation. The medical evidence furnished by Dr.Rattanjit Singh (P.W.2), who had medico-legally examined the complainant, lends complete support to the ocular version given by Jaswant Rai, Smt. Soma and Harjit Singh. A stitched wound on the right side of front of chest near the clavicular region, a stitched wound on the left arm and a -5- Criminal Appeal No.406-SB of 1999. stitched wound on the left elbow of Jaswant Rai were observed by Dr.Rattanjit Singh (P.W.2). Injury on the chest of the complainant, which was a sharp-edged weapon injury, was declared grievous. The other two injuries were declared simple in nature. After seeing the operation notes, the Doctor further gave the opinion that the possibility of the injury on the chest of the complainant being dangerous to life could not be ruled out. However, while deposing in Court, Dr. Rattanjit Singh (P.W.2) stated that the said injury could cause the death of injured Jaswant Rai in the ordinary course of nature if no `effective' medical aid was given to him in time. This Doctor had given two opinions on 17.4.1997. Vide first opinion he declared injury No.1 as grievous and vide the second opinion he declared that possibility of the said injury being dangerous to life could not be ruled out. Keeping these opinions of Doctor in view and the fact that neither complainant Jaswant Rai or eye-witnesses Smt.Soma and Harjit Singh deposed that the appellant had given the injuries to Jaswant Rai with the intention to kill him, the trial Court formed the opinion that no offence under Section 307 of the Code was made out. However, as noticed above, the case of the prosecution against the accused for the offences for which he has been convicted and sentenced, stands proved on record. In view of the above, conviction of the appellant under Sections 326 and 324 of the Code for causing grievous hurt and simple injuries with sharp-edged weapon to Jaswant Rai, as -6- Criminal Appeal No.406-SB of 1999. recorded by the learned trial Judge, is upheld. However, keeping in view the fact that the Sword of Damocles has remained hanging over the head of the appellant for more than twelve and a half years, ends of justice will be adequately met if the sentence of rigorous imprisonment of five years awarded to the appellant under Section 326 of the Code is reduced to three years' rigorous imprisonment and the sentence of fine and the default case under this Section are left unaltered. I order accordingly. However, the sentence of rigorous imprisonment for one year awarded to the appellant under Section 324 of the Code shall remain unaltered. Both the sentences shall run concurrently. With the above modification in the impugned sentence order, this appeal is dismissed. January 25, 2010. ( MOHINDER PAL ) ak JUDGE