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2003 DIGILAW 118 (PNJ)

Surinder Kumar v. U. T. Chandigarh

2003-01-22

R.L.ANAND

body2003
JUDGMENT R.L. Anand, J. (Oral) - This criminal appeal has been directed against the judgment dated 27th February, 1989 passed by the Court of Sessions Judge, Chandigarh who convicted the appellant under Section 304 Part (1) of the Indian Penal Code and sentenced him to undergo RI for a period of seven years and to pay a fine of Rs. 500/-. In default of payment of fine, the appellant was directed to undergo RI for a further period of one year. 2. The appellant Shri Surinder Kumar, along with his three companions, was charge-sheeted under Section 302/34 of the Indian Penal Code on the allegations that he on 3rd November, 1987 at about 8.30 P.M., in the Railway Colony, Manimajra, in furtherance of their common intention which was to commit the murder of Ishwar Singh son of Gurdas Singh, caused his death and thereby Surinder Singh allegedly committed the offence punishable under Section 302 Indian Penal Code, while his companions committed the offence punishable under Section 302 read with Section 34 of the Indian Penal Code. 2. It may be mentioned here that the three companions of the appellant Shri Surinder Kumar were acquitted by the learned trial Court and the appellant alone was convicted and sentenced in the manner as stated above. 3. Mr. Ghai, learned Senior Advocate appearing on behalf of Surinder Kumar, has not challenged the conviction of the appellant under Section 304 Part-I of the Indian Penal Code, and rightly, too, I am convinced that the story of the prosecution stands proved from the statements of Ashok Kumar (PW 7) and Smt. Kailash Devi (PW 8) mother of the deceased, though an effort was made by the learned counsel for the appellant to convince me that the occurrence had not taken place in the manner as stated above because the deceased was under the influence of liquor. There were minor injuries on his person and the case of the prosecution, vis-a-vis the appellant was that he allegedly inflicted the solitary fatal blow by means of knife Ex.P1 on the abdomen of the deceased and in view of the medical evidence, the case of the prosecution should be declared doubtful. 4. There were minor injuries on his person and the case of the prosecution, vis-a-vis the appellant was that he allegedly inflicted the solitary fatal blow by means of knife Ex.P1 on the abdomen of the deceased and in view of the medical evidence, the case of the prosecution should be declared doubtful. 4. This submission of the learned counsel for the appellant has been considered by me and I am of the opinion that there are two operational injuries which have been noticed at the time of the post mortem examination. The doctor has also opined that two injuries could be result of scuffle and some injuries could be possible through a fall. So far as injury No. 2 is concerned it was allegedly caused with a knife Ex.P.1 which was recovered from the appellant under Section 27 of the Indian Evidence Act. 5. The learned counsel for the appellant then submitted that as per the report Ex.PE of the Chemical Examiner, organo phosphorus compound was found in the viscera which was sent to the office of the chemical examiner and there is no explanation with regard to the presence of the organo phosphorus compound by the prosecution. The submission raised by the learned counsel for the appellant may look alluring at the first instance, but, on deeper scrutiny, it has to be rejected keeping in view the fact that the cause of death in this case is not due to organo phosphorus compound but the direct evidence of injury No. 2, which was on the vital part of the body. It is common case of the parties that the deceased was under the influence of liquor. We do not know what type of liquor was consumed by the deceased. It may be an adulterated one or it may contain some poisonous substance not to the extent that it could become the direct cause for the death of the deceased. Be that as it may, the direct evidence is that the appellant was carrying knife Ex.P.1 and he inflicted knife blow in the abdomen of the deceased. 6. It was then submitted by the learned counsel that the appellant may be visited with leniency in the matter of sentence. In support of his contention he submitted that the occurrence took place as far back as on 3rd November, 1987. 6. It was then submitted by the learned counsel that the appellant may be visited with leniency in the matter of sentence. In support of his contention he submitted that the occurrence took place as far back as on 3rd November, 1987. The deceased was definitely under the influence of liquor which fact stands confirmed from the report of the Chemical Examiner. It was also stated that there was no intention on the part of the appellant to commit the murder of the deceased. The presence of organo phosphorous compound in the viscera of the deceased is another circumstance which would also go to show that the deceased was also not a man of straight-forward character in spite of the fact that organo phosphorous compound was not the direct result of the death of the deceased. 7. The learned counsel appearing for the State has no serious objections if some compassion is shown to the appellant in the matter of sentence. 8. Keeping in view the fact that the occurrence has taken place as far back as on 3rd November, 1987 and since then the appellant is suffering the vagaries of the criminal proceedings, I am of the opinion that the ends of justice would be suffice if the sentence of the appellant is reduced to four years. It is ordered accordingly. The imposition of the fine is not disturbed. In default of payment of fine, the appellant shall further undergo RI for a period of six months. 9. With this modification in the matter of sentence, the appeal stands dismissed. Appeal dismissed.