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2012 DIGILAW 241 (PNJ)

Chattar Singh v. State of Haryana

2012-02-13

M.JEYAPAUL, S.S.SARON

body2012
JUDGMENT Heard learned counsel for the parties. 2. The criminal miscellaneous application has been filed seeking suspension of sentence of imprisonment of the applicant/appellant No. 1 - Chattar Singh during the pendency of the appeal. 3. The FIR in this case has been registered on the statement (Ex.P4) of the injured Dharambir (PW2) who has alleged that on 2.12.2005, he and his brothers Krishan Kumar (deceased) and Mahabir were ploughing their fields. At about 4.00/4.30 p.m. Mahender (appellant No. 4) armed with gandasi, Jagdish (appellant No. 2) and Chattar Singh (applicant/appellant No. 1) having lathis, Dalbir (appellant No. 3) armed with gun and farsa (sharp edged weapon), Maman son of Jailal armed with a Gandasi and Sandeep son of Maman armed with a lathi after hatching a conspiracy came there and raised Lalkaras saying that they would teach the complainant side a lesson for not partitioning the land. It is alleged that saying so, Dalbir (appellant No. 3) started loading his gun but Dharambir (PW2) gave a lathi blow on the gun of Dalbir (appellant No. 3) as a result of which the gun broke and fell on the ground. Mahender (appellant No. 4) inflicted two gandasi blows on the back side of the head of Dharambir (PW2). Jagdish (appellant No. 2) inflicted a lathi blow on the left side of forehead of Dharambir (PW2). Then Chattar Singh(applicant/appellant No. 1) gave a lathi blow on the right side of head of Dharambir (PW2). On receiving these injuries he fell down. Thereafter, Sandeep inflicted a lathi blow on the palm of left hand of Dharambir and Jagdish inflicted two lathi blows on his left and right shoulders. Others also carried injuries. Chattar Singh (applicant/appellant No. 1) also gave lathi blow on the back side of head of Mahabir injured (PW3). Chattar Singh (applicant/appellant No.1) gave another blow on the left thigh of Dharambir (PW2). 4. No injury is attributed to applicant/appellant No. 1 – Chattar Singh on the person of deceased – Krishan Kumar. As per medical evidence of Dr. B.L. Chopra, Orthopedic Surgeon, PBM Hospital Bikaner Rajasthan (PW15), there was fracture of proximal phalanx of left thumb of Dharambir (PW2). Besides, fracture of left humorous, fracture of left leg bones at two levels, fracture of fourth and fifth metacarpal on right hand and fracture of right leg bones of Mahabir (PW3) was found. As per medical evidence of Dr. B.L. Chopra, Orthopedic Surgeon, PBM Hospital Bikaner Rajasthan (PW15), there was fracture of proximal phalanx of left thumb of Dharambir (PW2). Besides, fracture of left humorous, fracture of left leg bones at two levels, fracture of fourth and fifth metacarpal on right hand and fracture of right leg bones of Mahabir (PW3) was found. However, none of these injuries is attributed to the applicant/appellant No. 1 – Chattar Singh. Dr. Sandeep Maken, Senior Consultant, Maharaj Aggarsain Hospital, Agroha (PW17) conducted the C.T. scan of Dharambir (PW2) and Mahabir (PW 3). He found that the C.T. scan head findings of both the said injured were within normal limit. The injury on the left thigh of Dharambir (PW2) is admittedly simple in nature. The case is one of free fight in which 22 injuries in all were received by the accused persons out of which 15 injuries were either contusions or abrasions. The question whether applicant/appellant No. 1 – Chattar Singh had a common intention and the effect of injuries on the person of the accused would require consideration at the time of final hearing of the appeal. 5. In terms of the affidavit of Sh. Surinder Singh Godara, Superintendent Central Jail, Hisar, the applicant/appellant No. 1 – Chattar Singh has undergone imprisonment of two years and eighteen days as on 23.01.2012 and as under trial he has undergone imprisonment of one year three months and twenty days from 7.12.2005 to 26.3.2007. The appeal is not likely to mature for hearing in the near future. 6. The criminal miscellaneous application is, accordingly, allowed and the sentence of imprisonment of the applicant-appellant No. 1 – Chattar Singh during the pendency of the appeal shall remain suspended, subject to his furnishing personal bond and surety bond to the satisfaction of the learned Chief Judicial Magistrate, Hisar. ----------------