Criminal Appeal No. 902-SB of 1997 1 In the High Court of Punjab and Haryana, Chandigarh. Criminal Appeal No. 902-SB of 1997 Date of Decision: 10.4.2008. Charanjit Singh and Others …Appellants Versus State of Punjab …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. D.S.Bali, Senior Advocate with Mr. Sugan Deswal, Advocate for the appellants. Mr. Mehardeep Singh, Assistant Advocate General, Punjab, for the respondent-State. Mr. B.S.Bhinder, Advocate for the complainant. Kanwaljit Singh Ahluwalia, J. The present appeal has been preferred by Charanjit Singh, Jassa Singh, both sons of Kundan Singh and Rana son of Charanjit Singh, all residents of Baba Bakala. They have been convicted and sentenced by the Court of learned Additional Sessions Judge, Amritsar, as under:- “Appellant Jassa Singh was sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.2,000/- under Section 307 IPC. In Criminal Appeal No. 902-SB of 1997 2 default of payment of fine to further undergo rigorous imprisonment for six months. He was further sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs.1,000/- under Section 326 read with Section 34 IPC. In default of payment of fine to further undergo rigorous imprisonment for three months. He was further sentenced to undergo rigorous imprisonment for one year under Section 324 read with Section 34 IPC. He was further sentenced to undergo rigorous imprisonment for six months under Section 323 read with Section 34 IPC. Appellant Charanjit Singh was sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.2,000/- under Section 307 read with Section 34 IPC. In default of payment of fine to further undergo rigorous imprisonment for six months. He was further sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs.1,000/- under Section 326 IPC. In default of payment of fine to further undergo rigorous imprisonment for three months. He was further sentenced to undergo rigorous imprisonment for one year under Section Criminal Appeal No. 902-SB of 1997 3 324 IPC. He was further sentenced to undergo rigorous imprisonment for six months under Section 323 read with Section 34 IPC. Appellant Rana was sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.2,000/- under Section 307 read with Section 34 IPC. In default of payment of fine to further undergo rigorous imprisonment for six months. He was further sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs.1,000/- under Section 326 read with Section 34 IPC. In default of payment of fine to further undergo rigorous imprisonment for three months. He was further sentenced to undergo rigorous imprisonment for one year under Section 324 read with Section 34 IPC. He was further sentenced to undergo rigorous imprisonment for six months under Section 323 IPC”. Appellants were named as accused in case FIR No. 40 dated 6.6.1996 registered at Police Station Beas, under Sections 307, 326, 324, 323 & 34 IPC. Gurdial Singh son of Dasondha Singh made a statement Ex.PD to Palwinder Singh, Assistant Sub Inspector, on basis of which FIR was registered. The statement of Gurdial Singh reads as under:- Criminal Appeal No. 902-SB of 1997 4 “It is stated that I am a resident of village Baba Bakala and do the work of agriculture. I had taken six canals land on lease which adjoins my land from Sulakhan Singh of village Chajalwadi. I had sown sun flower crops (Surajmukhi) in that land. Today at about 12 noon I was getting sun flower crop harvested from the land which was on lease term with me. In the meantime, Charanjit Singh s/o Kundan Singh duly armed with Datar, Jassa Singh son of Kundan Singh armed with Kasia and Rana s/o Charanjit Singh armed with Dang Jat Sikh residents of Baba Bakala came towards me and remarked me that they will not allow me to harvest the crop as they have taken that land on lease. I impleaded that I have sown this crop and as such, I will deliver the possession of the land after reaping this crop. In the meanwhile Charanjit Singh s/o Kundan Singh made a lalkara by saying that just now they are getting the crop harvested by me and he immediately gave Datar blow, which was in his hand on me. The same hit straight near the elbow of my left arm. In the meanwhile Jassa Singh s/o Kundan Singh gave Kasia blow which was in his hand and the same hit straight in the middle of my head. Charanjit gave another blow with his Datar which was in his hand. The same was hit straight on Criminal Appeal No. 902-SB of 1997 5 the right side of my head just near above the ear and I fell down on the ground. Rana s/o Charanjit gave continuously dang blow which was in his hand. The same hit on my right arm and thigh while I was laying on the ground. I raised an alarm “Mar Ditta, Mar Ditta”. My brother Kashmir Singh s/o Dasondha Singh and Darshan Singh s/o Sodagar Singh Jat residents of Baba Bakala have witnessed the whole occurrence with their own eyes and they rescue me. Accused ran away from the spot with their respective weapons. My brother Kashmir Singh and Darshan Singh s/o Sodagar Singh have brought me to the Civil Hospital, Amritsar after making the arrangement of vehicle. Where I was referred by the Doctor Sahib to the New Emergency. Where I was dressed by the Doctor Sahib. Cause of dispute is that the accused has taken this land on lease for the next year and they did not allow me to harvest my sown crop. I have got recorded my statement which was heard, and the same is correct. I am complainant, action may be taken. L.T.I. (Gurdial Singh s/0 Attested Dasondha Singh R/o Palwinder Singh ASI Baba Bakala. Police Station 6.6.96”. A perusal of above FIR will show that Charanjit Singh appellant was armed with Datar, Jassa Singh with Kasia and Rana with Criminal Appeal No. 902-SB of 1997 6 a dang. FIR was investigated. Report under Section 173 Cr.P.C. was prepared and challan was submitted in the Court. Charges were framed against the appellant on 25.10.1996 by the Court of learned Additional Sessions Judge, Amritsar. Substantive charge under Section 307 IPC was framed against Jassa Singh, whereas others were charged with the aid of Section 34 IPC. Appellants were also charged for offence under Sections 326, 324 and 323 read with Section 34 IPC. PW.1 Dr. Mohinder Singh examined Gurdial Singh on 6.6.1996 at 3.30 P.M. and found the following injuries on his person:- “1. An incised wound 5 X 1 cm present on the right side of hand .6 cm from the pinna of right ear, wound was bone deep. Clotted blood was present. 2. An incised wound 7 X 1½ cm present on the head on its middle .4 cm above the occipital protuberance, obliquely placed in the mid line, bone deep. Clotted blood was present. 3. An incised wound 3 X 1½ cm on the back of left elbow region in its inner half. 2½ below the olecranon process of ulna. Defuse swelling was present 12 X 10 cm on the elbow region. Movements of joint were restricted and painful. Wound was bone deep. Clotted blood was present. 4. A reddish contusion with swelling 20 X 12 Criminal Appeal No. 902-SB of 1997 7 cm in the right below region, on the upper 1/3rd of right forearm. Patient complains of pain. 5. A reddish contusion 5 X 2 cm on front of right arm in its middle 1/3rd 6. Complains of pain in the right thigh in its upper 1/3rd”. Injury No.2 was declared dangerous to life. Injury No.3 was declared as grievous. Rest of the injuries were declared as simple. PW.2 Dr. Rajinder Pal Singh stated that on 6.6.1996, he operated Gurdial Singh. Gurdial Singh, complainant, appeared as PW.3 and reiterated what was stated by him in his statement Ex.PD. He was thoroughly cross-examined. The defence failed to cause any dent to his statement. PW.4 Kashmir Singh is brother of PW.3 Gurdial Singh and has corroborated his testimony. PW.5 Harmit Singh, Constable, has tendered his affidavit Ex.PR to prove link evidence. PW.6 Palwinder Singh, Assistant Sub Inspector, investigated the case. PW.7 Jagtar Singh, Assistant Sub Inspector, had partly investigated the case. PW.8 Rishi Ram, Draftsman, had prepared the scaled site plan. PW.9 Dr. Inderbir Singh Gill had radiologically examined Gurdial Singh. Criminal Appeal No. 902-SB of 1997 8 PW.10 Dr.J.P.Singh Cheena stated that Gurdial Singh remained admitted in the hospital from 17.6.1996 upto 31.7.1996 and as an Orthopedic patient and he had given treatment to Gurdial Singh. Thereafter, prosecution evidence was closed. All the incriminating evidence was put to the accused. Appellant Charanjit Singh, in his statement under Section 313 Cr.P.C., has stated as under:- “I am innocent. Gurdial Singh along with two/three other persons was cutting sun flower crops and when we enquired as to why they were doing so, Gurdial Singh and his companions came forward and tried to attack me with their sickles. At that time I had a kasia in my hand and to save myself caused injuries to them in my self defence with the said kasia. At that time Darshan Singh and Kashmir Singh, Pws were not there, nor Jassa Singh and Rana accused were present there”. Appellants Jassa Singh and Rana denied the prosecution case and stated that they were falsely implicated. I have heard Mr. D.S.Bali, learned senior counsel for the appellants and Mr. B.S.Bhinder, learned counsel for the complainant along with Mr. Mehardeep Singh, learned Assistant Advocate General, Punjab, for the State. Mr. Bali at the outset has submitted that in the present case no independent witness has been examined. PW.4 Kasmir Singh is brother of Gurdial Singh injured PW.3. Prosecution has examined no Criminal Appeal No. 902-SB of 1997 9 independent witness. There are material contradictions, improvements and discrepancies in the statements of two witnesses namely PW.3 Gurdial Singh and PW.4 Kashmir Singh. Therefore, it is not safe to rely upon their testimony and appellants are entitled to acquittal. He has further stated that no offence under Section 307 IPC is made out. I am unable to accept the contentions made by learned senior counsel for the appellants. PW.3 Gurdial Singh injured will be the last person to falsely implicate anybody. He has suffered serious injuries. I have read the testimony of PW.3 Gurdial Singh and PW.4 Kashmir Singh. They aspire confidence and are trustworthy. PW.3 Gurdial Singh not only remained admitted but was also surgically operated upon. Therefore, from the nature of injuries offence under Section 307 IPC is made out. At this stage, Mr. Bali has stated that sentence of the appellants be reduced as they are suffering protracted trial since 1996 and PW.3 Gurdial Singh be compensated. Taking into consideration protracted trial and some compensation ought to be awarded to the injured, I reduce the sentence awarded upon the appellant Jassa Singh from five years to two years, however, sentence of fine is enhanced to Rs.30,000/-. Similarly, sentence awarded upon appellants Charanjit Singh and Rana is also reduced from five years to two years, however, sentence of fine is enhanced to Rs.20,000/- qua each of the appellant. The amount of Rs.70,000/- shall be disbursed to PW.3 Gurdial Singh injured. It is made clear that in case amount of fine is not deposited, the benefit of reduction in sentence shall not accrue to the appellants and they will Criminal Appeal No. 902-SB of 1997 10 undergo the sentence as awarded by the trial Court. With these modifications, the present appeal is disposed off. (Kanwaljit Singh Ahluwalia) Judge April 10, 2008 “DK”