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2008 DIGILAW 1392 (PNJ)

Karnail Singh v. State Of Haryana

2008-08-18

K.C.PURI

body2008
Judgment K.C.Puri, J. 1. This is an appeal directed by the accused- appellants against the judgment dated 4.7.1998 passed by Sh. P.L. Ahuja, Additional Sessions Judge, Ambala, vide which the appellants have been convicted under Sections 325 and 324 read with Section 149 IPC. Ram Lal, Karnail Singh, Harnek Singh and Raj Kumar were sentenced to undergo rigorous imprisonment for a period of the years and to pay a fine of Rs. 1,000/- each for the offence punishable under Section 325 read with Section 149 IPC. In default of payment of fine, they were to undergo further rigorous imprisonment for a period of three months. The above four accused were also sentenced to undergo rigorous imprisonment for a period of one year each for the offences punishable under Section 323 read with Sections 149 and 148 IPC. Accused Channa @ Gurcharan Singh, Hari Chand, Baljit Singh and Sahib Singh were sentenced to undergo rigorou imprisonment for a period of two years and to pay a fine of Rs. 1,000/- each for the offence punishable under Section 325 read with Section 149 IPC. In default of payment of fine, they were to undergo further rigorous imprisonment for a period of three months each. They were also sentenced to undergo rigorous imprisonment for a period of one year each for the offencespunishable under Sections 324 read with Section 149 IPC and 148 IPC. All the sentences were ordered to run concurrently. 2. The law was set on motion ,by recording the statement Kesar Singh PW-5, who has stated that he is a labourer and resides it village Mach- haunda. On 12.5.1994, at about 9-9.30 p.m., when Kesar Singh returned to his house, his wife Joginder Devi told him that Chand son of Mehar Singh had come to their residence and ha hurled abuses on them. She also told that he had also asked them to come out of the house. On 15.5.1994 at about 7 a.m. accused Sahib Singh, Harnek Singh s/o Mehar Singh, Ram Lal, Karnail Singh, Raj Kumar son of Sant Ram and Chand son of Bachna Ram came armed with gandasis. Accused Gejo, Phool Wati and wife of Harrel. (Paramjit) and some other persons were holding pieces of stones and bricks. They came to the house of Kesar Singh in pursuance of common object of all. Accused Gejo, Phool Wati and wife of Harrel. (Paramjit) and some other persons were holding pieces of stones and bricks. They came to the house of Kesar Singh in pursuance of common object of all. Accused Ram Lai gave a gan- dasi blow on the head of Kesar Singh. Karnail Singh gave a gandasi blow on the right shoulder of Kesar Singh. Harrnek gave a gandasi blow on the right arm of Kesar Singh and accused Raj gave a gandasi blow on the back of Kesar Singh. The abovesaid lady accused threw pieces of stones and bricks towards Kesar Singh. He raised an alarm of "Mar Diya Mar Diya", On hearing his alarm many persons of the village reached there and on seeing them, the accused ran away with their weapons. Kesar Singh lost his consciousness and was removed by his relatives to Civil Hospital, Ambala City. 3. Later on statement of Sunita Devi was recorded, who has stated that on 13.5.1994 at about 7.00 a.m. Des Raj, Sahib Singh and Had Chand son of Bachna had entered into a quarrel with Kesar Singh and had given injuries to him. She further stated that she and her Jethani Harbanso went to rescue Kesar Singh and those persons threw stones and brick pieces towards them. She further told that Karnail Singh gave a brick blow on her back and also gave a kick blow in her abdomen. Sahib Singh brought one lathi and gave a lathi blow on her right leg. She alleged that she was carrying a pregnancy of seven months and due to those injuries the child was aborted at 8.00 a.m. on 14.5.1994 Thereafter, an offence under Section 316 IPC was also added. 4. Charges for offences under Sections 148,452 read with Section 149 IPC. 325 read with Section 149 IPC, under Section 324/149 IPC and 316 read with Section 149 IPC were framed against the accused, to which they pleaded not guilty and claimed trial. 5. The prosecution examined 14 witnesses in all, namely. PW-1 Dr. Brijinder Nath Bhudhiraja. PW-2 Dr. R.S. Bughalia. PW3 Dr. S.K. Gupta, PW-4 Som Nath HC. PW-5 Kesar Ram, PW-6 Baldev Singh HC, PW-7 Harnam Singh SI, PW- 8 Mohinder Ram ASI, PW-9 Madan Lal SI, PW- l0 Gurmail Kaur, PW-11 Joginder-o, PW- 12 Sunita, PW-13 Dr. A.K. Garg and PW-14 Amar Nath ASI. 6. PW-1 Dr. Brijinder Nath Bhudhiraja. PW-2 Dr. R.S. Bughalia. PW3 Dr. S.K. Gupta, PW-4 Som Nath HC. PW-5 Kesar Ram, PW-6 Baldev Singh HC, PW-7 Harnam Singh SI, PW- 8 Mohinder Ram ASI, PW-9 Madan Lal SI, PW- l0 Gurmail Kaur, PW-11 Joginder-o, PW- 12 Sunita, PW-13 Dr. A.K. Garg and PW-14 Amar Nath ASI. 6. Learned Additional Sessions Judge, after appraisal of the evidence held the accused guilty under offences punishable under Sections 325, 324 and 323 read with Sections 149 and 148 IPC. All the accused were acquitted under Sections 452 and 316 read with Section 149 IPC. Whereas Gejo, Paramjit Kaur and Phoo! Wati were acquitted altogether. Feeling dissatisfied with the abovesaid judgment, the accused have preferred the present appeal. 7. Learned counsel for the appellants has not challenged the conviction but has argued on the question of sentence. He has submitted that occurrence relates to more than 14 years back. There were only four injuries out of which only one injury on the non-vital part of Kesar Singh was declared as grievous, whereas other three injuries have been declared simple. So, prayer has been made to grant of probation. 8. The above prayer has been opposed by the learned State counsel. 9. I have heard both the sides and have gone through the record of the case. 10. Learned cournsel for the appellants has not challenged the conviction. Otherwise also, I am convinced from the evidence on the file that the accused have been rightly convicted. So their sentence stands affirmed. 11. Accused Karnail Singh, Harnek Singh, Hari Chand and Raj Kumar have been attributed one injury each on the person of Kesar Singh. As per prosecution version, they have not repeated the blow. The occurrence relates to the year 1994. No useful purpose would be served by sending them in custody after such a long period. They have faced a protracted trial of 14 years. So, keeping in view the prevailing circumstances, all the appellants are ordered to be released on probation on their furnishing personal bonds in the sum of Rs. 20,000/- each with one surety of the like amount to the satisfaction of the trial Court. However, Karnail Singh. Harnek Singh, Hari Chand and Raj Kumar - appellants shall pay compensation of Rs. So, keeping in view the prevailing circumstances, all the appellants are ordered to be released on probation on their furnishing personal bonds in the sum of Rs. 20,000/- each with one surety of the like amount to the satisfaction of the trial Court. However, Karnail Singh. Harnek Singh, Hari Chand and Raj Kumar - appellants shall pay compensation of Rs. 5,000/- each to the injured Kesar Singh under Section 357 Cr.P.C. That amount shall be deposited within three months from today and that amount on realisation shall be paid to Kesar Singh injured. In default, the appeal of these four appellants shall be deemed to have been dismissed. 12. With the above modification, the appeal stands disposed of. 13. A copy of the judgment be sent to the trial Court for strict compliance.