Sumer Singh vs Surajbhan Singh & Ors

2. The factual score, as has been undraped, is that on 19.7.1982 about 3.30 p.m. when Sumer Singh, PW-4, Janak Singh, PW-5, and his younger brother Jai Singh, PW-7, having availed a tractor of another person, were carrying out certain agricultural operation in their field, accused persons, namely, Surajbhan Singh, Bhanwar Singh, Vikram Singh, Surendra Singh and Prithvi Raj alias Pappu, being armed with weapons, arrived at the field. Accused Surajbhan Singh was carrying a sword and other accused persons were having lathis. On coming to the field, the accused persons stopped the tractor and Sumer Singh, PW-4, and Mool Singh, PW-6, came to defend the driver of the tractor. At that juncture, accused Vikram Singh gave a lathi blow on Mool Singh, PW-6, and Surajbhan inflicted a sword injury on the left elbow of Mool Singh, PW-6. Thereafter, when he attacked Sumer Singh on the head with the sword, he put his hand in defence, as a consequence of which the sword hit the wrist of the left hand due to which the hand got chopped off from the wrist and Sumer Singh lost his consciousness and collapsed. As the narration would further show, the accused persons assaulted others and left the place. Jai Singh, PW-7, and the driver of the tractor took the injured persons to Rajgarh Hospital where they were admitted and the First Information Report was lodged by Janak Singh, PW-5, and on the base of the F.I.R. crime was registered for offences under Sections 147, 148, 149, 307, 323, 326 and 447 IPC.

3. After the criminal law was set in motion, the investigation commenced and, eventually, the charge-sheet was placed before the learned Magistrate, who committed the matter to the Court of Session. The accused persons refuted the allegations and stated that they had been falsely implicated due to land disputes. Because of such a plea, matter was tried by the learned Additional District and Sessions Judge No. 2, Alwar. During the trial the prosecution examined 24 witnesses and brought on record 37 documents which are marked as exhibits. The defence, in support of its plea, examined two witnesses and got certain documents exhibited.

4. The learned trial Judge appreciating the evidence on record, convicted Surajbhan Singh under Section 307 IPC for five years rigorous imprisonment and a fine of Rs.3000/- and in default to further undergo one year rigorous imprisonment. Under Section 447 IPC three months rigorous imprisonment, under Section 326 IPC four years rigorous imprisonment and fine of Rs.2,000/- and in default to further undergo one year rigorous imprisonment and under Section 323/149 IPC three months rigorous imprisonment. As far as other accused persons, namely, Prithvi Raj @ Pappu, Surendra Singh, Vikram Singh and Bhanwar Singh are concerned, each one of them was convicted under Section 147 IPC to undergo rigorous imprisonment for six months, under Section 447 IPC to undergo rigorous imprisonment for three months, under Section 307/149 IPC to undergo rigorous imprisonment for three years and to pay fine of Rs.1000/-, in default of payment of fine to undergo further rigorous imprisonment for one year and for offence under Section 323 IPC to rigorous imprisonment for six months with the stipulation that all the sentences would be concurrent.

5. Grieved by the aforesaid judgment and conviction the accused persons preferred Criminal Appeal No. 455 of 1984 and the High Court, as far as Surajbhan Singh is concerned, found him guilty for offence under Sections 308, 148, 447, 326 and 323/149 IPC and sentenced him to suffer imprisonment of seven days which he had already undergone and to pay a fine of Rs.50,000/-. As far as other accused-appellants were concerned, the High Court found them guilty for offences under Sections 324/149, 147, 447 and 323 IPC and considering their age, restricted the sentence to the period already undergone in respect of some and released some of them under Sections 4 and 12 of Probation of Offenders Act. As far as accused-appellants Prithvi Raj @ Pappu and Vikram Singh are concerned a fine amount of Rs.15,000/- was imposed. The High Court has further directed that the fine amount by all the accused persons to be deposited within three months with the stipulation that the same shall be paid to the injured Sumer Singh and on their failure to deposit the amount of fine to suffer rigorous imprisonment for two years.

14. From the aforesaid enunciation of law two principles are absolutely clear; first, an injured who is an aggrieved party can prefer an appeal by special leave and this Court’s power under Article 136 being of wide amplitude, it can remove injustice when it witnesses it and second, in an appeal preferred by State for enhancement of sentence the accused can plead that he is entitled to an acquittal as there is no material on record to sustain the conviction.

15. In the case at hand, the State has not preferred any appeal but the injured has been permitted to file the appeal after obtaining leave. We have already stated that the principles which are analogous to 377 (3) of the Code are applicable and the power under Article 136 is of wide amplitude. Thus viewed, we do not see any reason why this Court, while entertaining an appeal at the instance of an injured, cannot impose adequate sentence when the facts and circumstance so warrant. But prior to that, for applying the requisite test, we should appreciate the material on record to come to a conclusion whether the recording of conviction is unjustified, and whether the High Court has absolutely erred in restricting the sentence to the period already undergone.

35. We part with the aforesaid reminder.

36. Consequently, the appeal is allowed in part, the conviction recorded by the trial court as well as by the High Court is maintained and the sentence imposed by the learned trial Judge and that by the High Court is modified to the extent indicated hereinabove.

May 05, 2014.

[26] CICERO, De Republica, De Legibus (Loeb Classical Library, Keyes, Clinton Walker, trans., Cambridge, Massachusetts: Harvard University Press, 1928), p. 461.