Avtar Singh vs State Of Haryana

2. According to the case of prosecution, there was a civil suit pending as between Hansa Singh (PW-11) and Surjit Singh S/o Kundan Singh (DW-

2) at Samana (Punjab), that there was also an interim order granted by the Civil Court in favour of Hansa Singh (PW-11) as against Surjit Singh, that after hearing was over on 09.04.2003 in the Civil Court, the complainant party returned back home and were present at the house of PW-10 Harmesh Singh s/o Amarjit Singh in the evening. At that time, one Desa Singh, uncle of Harmesh Singh (PW-10) came and informed that some persons had gathered near the land with reference to which the litigation was pending in the Court at Samana and that they might harvest the crops belonging to Hansa Singh (PW-11). On hearing the said information, Harmesh Singh (PW-10) along with his father the deceased Amarjit Singh, his uncle Hansa Singh, Ujagar Singh s/o Chuman Singh, Paramjit Singh s/o Surjit Singh, Karnail Singh s/o Phuman Singh, Surjit Singh s/o Atma Singh, Darshan Singh s/o Surjeet Singh, Teja Singh s/o Karta Singh, Ranjit Singh s/o Phuman Singh all residents of Bhatian village proceeded towards the field of Hansa Singh at about 7.30 p.m., that when they reached the bandh of Bhatian Dam near the lands of Darshan Singh, the accused, namely, Kirpal Singh, Raminder Singh s/o Arjun Singh, Mitt Singh, Resham Singh with swords in their hands, Balbir Singh, Jagtar Singh, Fateh Singh armed with gandasis, Raghbir Singh, Avtar Singh armed with barchhis all residents of Dera Amritsaria, Shiv Majra and Kulwant Singh s/o Surjit Singh also with a sword rushed towards them raising a lalkara, that Kirpal Singh gave a sword blow upon the head of Amarjit Singh, father of Harmesh Singh (PW-10) while Raminder Singh gave a blow of sword on the left arm of the deceased Amarjit Singh and Kulwant Singh attacked the deceased on his feet and Balbir Singh, Jagtar Singh and Fateh Singh also attacked the deceased with their weapons. Raghbir Singh with his barchhi, Mitt Singh with his sword, Resham Singh also with a sword and Avtar Singh with a barchhi attacked Paramjit Singh, Ujagar Singh, Surjit Singh, Hansa Singh and Karnail Singh and inflicted injuries upon them. Due to the injuries the deceased Amarjit Singh fell down, that when the complainant went running towards the place of occurrence, the accused party fled away from the spot with their respective weapons. The deceased was stated to have been taken to the civil hospital where he was declared dead by the doctor. The other injured persons were also treated at the very same hospital, and that the statement of PW-10 was recorded at 10.35 p.m. which was forwarded to the police station at PHG, Guhla which came to be registered as FIR No. 51 dated 09.04.2003. Thereafter PW-15 Sub-Inspector took up the investigation, inspected the place of occurrence recorded the statement of witnesses, collected the opinion of doctors, prepared the draft sketch, collected blood stained earth from the place of occurrence, took steps for the arrest of the accused and based on the admissible portion of their confessional statement recovered the weapons and filed the final report before the Court. The case was committed to the Court of Sessions where the appellants along with three other accused came to be charge sheeted for the offences punishable under Sections 148, 302, 326, 325, 324,323 read with Section 149 IPC.

4. Aggrieved by the conviction and sentence imposed, all the appellants preferred an appeal and the High Court while confirming the conviction and sentence imposed on the appellants held that the offence alleged against Raghbir (A1), Mitt Singh (A-3) and Resham Singh (A-10) was doubtful and on that ground acquitted them of all the charges levelled against them. Being aggrieved of the above conviction and sentence imposed on the appellants and the confirmation of the same by the High Court, the appellants have come forward with this appeal.

4), Raminder Singh (A-5) and Kulwant Singh (A-9). Learned counsel would, however, strongly urge that the prosecution tampered with the records inasmuch as in the complaint itself, which was preferred by PW- 10, there was a specific reference to the presence of Surjit Singh, nevertheless there was no reference to him in the FIR and he was not charge-sheeted and the injuries sustained by him were not specifically explained. According to the learned Senior counsel the Civil Suit preferred by PW-11 ended in a failure, that the name of Surjit Singh (DW-2) was duly recorded in the revenue records as owner of the lands in question and that the accused party were the sufferers at the hands of the complainant party and though a complaint was preferred at the instance of Surjit Singh (DW-2), the prosecution failed to take appropriate action in that regard.

10. A reading of the evidence of PWs-10, 11 and 13 read along with the version of DW-2 as regards the manner of infliction of injuries amply establish to a considerable extent the fact about the happening of the occurrence on the way to the disputed land in question near the bandh apparently referring to Bhatian bandh which has been specifically mentioned by the prosecution witnesses. While on the one hand, according to the prosecution, the complainant party was proceeding towards the land with a view to protect the crops from being harvested by the accused party, as per the version of DW-2, at the point where both the parties met at Bhatian bandh, a clash occurred in which casualties were the death of the deceased Amarjit Singh apart from injuries sustained by Hansa Singh (PW-11), Jagtar Singh, Paramjit Singh Surjit Singh S/o Atma Ram, Karnail Singh and Harmesh Singh son of the deceased Amarjit Singh. The evidence of the doctor who attended on the injured witnesses PWs-10, 11 and 13 as well as the other injured persons disclosed that everyone of them suffered cut injuries with the aid of dangerous weapon such as gandasa, kirpan and sword. This was the sum and substance of the manner in which the occurrence took place where Amarjit Singh was murdered while the other injured persons were inflicted with severe injuries. In that process, none of the assailants suffered any injuries except DW-2 whose grievance was quite independent of the genesis of the crime alleged against the appellants.

13. As rightly pointed out by the trial Court as well as the High Court, if really the case sought to be pleaded at the instance of DW-2 as against the complainant party were true and he really suffered any injury at the hands of the complainant party, it was not known why he did not pursue his complaint of such a serious nature by taking appropriate recourse to law. Though according to DW-2 as well as the doctor who is alleged to have examined him who was examined as DW-3, he suffered extensive injuries (viz) as many as five, of which one was an incised wound, we find considerable doubt and suspicion as regards the version spoken to by both the witnesses in particular about the nature of injuries sustained and its truthfulness. We say so because admittedly while the occurrence had taken place on 09.04.2003 between 7 to 7.30 p.m. according to the doctor (viz) DW-3, DW-2 approached the hospital at Guhla only at 4.10 p.m. on 10.04.2003 where he stated to have subjected himself for medical examination. DW-3 in his evidence admitted that on 10.04.2003 he was posted at PHC, Guhla on emergency duty. The photocopy of MLR is Exhibit DX along with X-ray dated 12.04.2003 by way of Exhibit DA and intimation alleged to have been sent to Guhla Police station on 10.04.2003 as Exhibit DY placed before the Court to support the claim of medical evidence. In the cross examination, DW-3 tacitly admitted that he had no document to show that he was on emergency duty at Guhla hospital on 10.04.2003. He, however, claimed that the assignment of duty by way of roster would be available in the office of SMO Guhla but no steps were taken at the instance of DW-2 or DW-3 to exhibit the said document in order to show that DW-3 was really on duty on 10.04.2003 at PHC Guhla which was not his regular place of duty as a doctor. Therefore, the cumulative consideration of the factum of DW-2 stated to have gone to the hospital only on the next day evening, namely, 10.04.2003 at 4.10 p.m. the extent of doubt about the factum of such medical examination held on the person of DW-2 by DW-3 rightly persuaded the Courts below not to give credence to the claim of DW-2 as regards the injuries alleged to have been sustained by him at the hand of the complainant party. Therefore, the submission made on behalf of the appellants by making reference to the said factor in order to doubt the case of the prosecution to hold that the whole case was fabricated by tempering the records does not appeal to this Court.

14. Once we steer clear of the said hurdle relating to the case projected against the appellants and the other accused and when we see the whole evidence read with the evidence of DW-2 himself, it only goes to show that the prosecution story as placed before the trial Court which was appreciated while finding the appellant guilty of the offence alleged against them is fully justified. In the result, therefore, the role played by the accused in causing the serious injuries on the deceased as well as on the other injured witnesses and other persons as found proved does not call for any interference.

21. As held by us earlier the offence found proved against the appellants squarely fall under Section 302, IPC and the punishment imposed on the appellants for the said offence as well as the other charges levelled against them was fully established, the conviction and sentence imposed on the appellants, therefore, do not call for any interference. The impugned judgment cannot be assailed, the appeals fail and the same are dismissed.

October 10, 2012