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2001 DIGILAW 746 (PNJ)

Santosh v. State Of Haryana

2001-07-24

A.S.GARG, HARJIT SINGH BEDI

body2001
Judgment A.S.Garg, J. 1. The two appellants, namely, Veeran Devi and Santosh are mother and daughter respectively. Smt. Durga Devi was also the daughter of Veeran Devi. Harvinder Singh P.W.5 resided with his family and old parents in front of the house of these three ladies in the area of NIT, Faridabad. Hari Singh was the father of Harvinder Singh P.W.5. The residential houses of both the sides have been shown in the site plan Ex. PC. 2. There was a manhole just in front of the house of Harvinder Singh P.W.5. The lid of the manhole was removed by the appellants. Harvinder Singh P.W.5 has small children and he apprehended that his son may not fell down in the manhole. On 1.8.1999 at 6.00 P.M. he asked the appellants as to why they had uncovered the manhole as a result of which they got irritated. These three ladies jumped from over a grill and entered the house of Harvinder Singh and started beating Harvinder Singh P.W.5 and pulling his hair. The wife and mother of Harvinder Singh tried to pull out these ladies out of their house but in the meanwhile Hari Singh deceased father of Harvinder Singh came out. He was also given beatings by the three ladies and he was pushed on the ground and these three ladies started giving brick bats to Hari Singh. The deceased received injuries and was declared dead as soon as he was taken to Escort Hospital. Vijay Kumar P.W.7 and Harnam Singh also witnessed the occurrence, besides the mother and wife of Harvinder Singh P.W.5. 3. Harvinder Singh P.W.5 made a statement Ex. PD before ASI Ranbir Singh P.W.8, at about 7.30 P.M. on 1.8.1999 and on its basis formal F.I.R. Ex. PD/2 was recorded at the Police Station, at 8.20 P.M. on the same day. The special report reached the learned ilaqa Magistrate at 2.30 A.M. on 2.8.1999. ASI Ranbir Singh P.W.8 went to the scene of occurrence. He prepared rough site plan Ex. PH of the scene of occurrence; inquest report Ex. PB and recorded the statements of the witnesses. He sent the dead body for post-mortem to B.K. Hospital, Faridabad. He also arrested the accused on the same day. After completion of the investigation, the accused were put to trial. 4. Dr. S.K. Mittal P.W.1 along with Dr. R.N. Mathur and Dr. PH of the scene of occurrence; inquest report Ex. PB and recorded the statements of the witnesses. He sent the dead body for post-mortem to B.K. Hospital, Faridabad. He also arrested the accused on the same day. After completion of the investigation, the accused were put to trial. 4. Dr. S.K. Mittal P.W.1 along with Dr. R.N. Mathur and Dr. Y.P. Singh, conducted autopsy on the dead body of Hari Singh on 2.8.1999 and found that there was one lacerated wound I inch x 1/4 inch on occipital region with clotted blood. On dissection 4th, 5th and 6th ribs of left side were found fractured with clotted blood. Left pleura were lacerated and right lung was normal. Left lung was lacerated and contained clotted blood. Pericardium was lacerated, left ventrical was punctured and both sides were empty. In the opinion of the doctor, the death was due to shock and haemorrhage was a result of injuries described above which were sufficient to cause death in the ordinary course of nature. Ex. PA is the copy of the post-mortem report. 5. At the trial, the appellants pleaded innocence. As Durga Devi passed away during the trial, therefore, proceedings against her were abated. No evidence was led by the appellants in defence. The learned trial Judge convicted both Veeran Rani and Santosh appellants under Section 302 read with Section 34, of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life and to pay a fine of Rs. 200/- each. In default of payment of fine each of them was ordered to undergo further rigorous imprisonment for three months. Both the appellants were also convicted under Section 452 read with Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 200/- each. In default of payment of fine they were ordered to undergo further rigorous imprisonment for three months. Both the appellants were further convicted under Section 323 read with Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three months. All the substantive sentences of imprisonment were ordered to run concurrently. 6. It is an undisputed case that there was no previous enmity between the two sides. There does not appear to be any motive to cause the death of the deceased. All the substantive sentences of imprisonment were ordered to run concurrently. 6. It is an undisputed case that there was no previous enmity between the two sides. There does not appear to be any motive to cause the death of the deceased. As it appears from the statement of Harvinder Singh P.W.5, the quarrel started suddenly and was unexpected. For some unknown reasons, the appellants uncovered the manhole. This act of the appellants was really dangerous to the children of the family of Harvinder Singh. The site in front of the house of Harvinder Singh became vulnerable for the family members. It was natural that Harvinder Singh asked the appellants to keep the manhole covered. They did not agree to the same and rather entered the house of the deceased and gave beatings to Harvinder Singh and his father Hari Singh. There is nothing in the cross-examination of Harvinder Singh which could raise any inference in favour of the appellants. Satwant Kaur P.W.6, the widow of the deceased and the mother of Harvinder Singh has also stated on oath that the three ladies inflicted injuries to her husband and he was pushed on the ground and was given beatings with bricks on his chest. She denied the suggestion that her husband was old man. Rather she stated that her husband was doing a job in Delhi and was a daily passenger. It is obvious that Hari Singh father of Harvinder Singh came in the fore-front when he saw that his son was being beaten and became the victim of the situation. Vijay Kumar P.W.7 fully supported the version of the prosecution. His house is adjoining the house of the appellants. He claimed that he had cordial relations with both the sides. However, he did not remember if he had shown the place to the police wherefrom the blood was lifted or had shown the brick with which the accused had beaten the deceased. So the case as a whole inspires in its truthfulness. It stands fully proved that actually the deceased was inflicted injuries in the manner alleged by the witnesses. However, it remains a fact that it was a sudden affair and the appellants did not have any intention to kill the deceased but they had the knowledge that the injuries inflicted as such were to cause the death of the deceased. It stands fully proved that actually the deceased was inflicted injuries in the manner alleged by the witnesses. However, it remains a fact that it was a sudden affair and the appellants did not have any intention to kill the deceased but they had the knowledge that the injuries inflicted as such were to cause the death of the deceased. Therefore, the case of the appellants clearly falls under Section 304 Part II. Hence, we are of the firm view that no offence under Section 302 read with Section 34 of the Indian Penal Code is made out and the conviction of the appellants is converted from under Section 302 read with Section 34 of the Indian Penal Code to under Section 304 Part II of the Indian Penal Code and they are sentenced to undergo rigorous imprisonment for five years each, whereas the sentence of fine and in-default thereof is maintained. The conviction and sentence of the appellants under Sections 452 and 323 read with Section 34 of the Indian Penal Code are maintained. All the substantive sentences of imprisonment shall run concurrently. 7. In view of the above discussion, the appeal is partly allowed as indicated above.