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2012 DIGILAW 418 (PNJ)

Inder Pal Puri v. State of Haryana

2012-03-05

M.JEYAPAUL, S.S.SARON

body2012
JUDGMENT Mr. S.S. Saron, J.:- Learned counsel for the State has filed affidavit dated 31.01.2012 of Mr.Deepak Sharma, Deputy Superintendent, District Jail, Kurukshetra, mentioning the period of imprisonment undergone by the applicant/appellant no.2- Paramjit Puri. The same is taken on record. Heard learned counsel for the parties. The criminal miscellaneous application has been filed seeking suspension of sentence of imprisonment of applicant/appellant no.2-Paramjit Puri., during the pendency of the appeal. 2. In the incident that occurred on 25.5.2006, it is interalia alleged by the complainant Laxmi Devi that she was married with Jang Puri of village Boda and she was residing in the said village. On 25.5.2006, Joginder Puri (deceased) and Jang Puri father in law and husband of the complainant respectively were working in their fields in the area of village Boda. Jang Puri was ploughing the fields with a tractor and his father Joginder Puri was working in the sugarcane field. The fields of accused adjoin the fields of the complainant side. Jang Puri had purchased half acre of land from Dalip Puri and there was a dispute regarding the said land between the complainant and the accused. Inderpal Puri was not happy with the deal and had objected as to why Jang Puri had purchased that land. At about 3.45 p.m., the complainant along with her son Chaman Puri went to the fields to serve tea for her husband Jang Puri and her father in law Joginder Puri (deceased). Jang Puri, Joginder Puri, the complainant Laxmi Devi and Chaman Puri took tea together. Jang Puri then resumed ploughing of the fields with the tractor and his father went to work in the sugarcane field. In the meantime, accused Inderpal Puri (appellant no.1) came there with his sons Paramjit Puri (applicant/appellant no.2), Surjit Puri (appellant no.3) and Puran Puri (appellant no.4) in a blue colour Standard brand tractor, which was being driven by Puran Puri (appellant no.4). All the accused were armed with ‘gandasis’. ‘Lalkara’ was raised by Inderpal Puri (appellant no.1) that Joginder Puri (deceased) should be surrounded and taught a lesson for not agreeing to give the said half acre of land in exchange. The tractor was driven right into the fields of the complainant and dashed against Joginder Puri (deceased), who fell down. All the accused were armed with ‘gandasis’. ‘Lalkara’ was raised by Inderpal Puri (appellant no.1) that Joginder Puri (deceased) should be surrounded and taught a lesson for not agreeing to give the said half acre of land in exchange. The tractor was driven right into the fields of the complainant and dashed against Joginder Puri (deceased), who fell down. The other three accused namely Inderpal Puri (appellant no.1), Surjit Puri (appellant no.3) and Paramjit Puri (applicant/appellant no.2) caused injuries to Joginder Puri (deceased). Inderpal Puri gave gandasi blow on the head of Joginder Puri (deceased), Paramjit Puri (applicant/appellant no.2) gave a ‘gandasi’ blow on the left arm and Surjit Puri (appellant no.3) gave a ‘gandasi’ blow on the head of Joginder Puri (deceased). The complainant and her son raised a hue and cry. Jang Puri rushed there and Puran Puri (appellant no.4) accused picked up a ‘gandasi’ from the tractor and gave a blow with it on the head of Jang Puri. Then Paramjit Puri (applicant/appellant no.2) gave a ‘gandasi’ blow on the head of Jang Puri and he ( Jang Puri) fell down. Surjit Puri (appellant no.3) inflicted a ‘gandasi’ blow on the arm pit of Jang Puri. Inderpal Puri (appellant no.1) gave a ‘gandasi’ blow on the right leg of Jang Puri. 3. Paramjit Puri (applicant/appellant no.1) has been attributed a ‘gandasi’ blow on the head of Jang Puri and on the left arm of Joginder Puri (deceased). 4. As per deposition of Dr.Rahul Gupta, Assistant Professor, Department of Neuro Surgery, PGI, Chandigarh, (PW14) it was stated that Jang Puri was admitted in PGI MER on 25.5.2006 and was discharged on 26.5.2006. He was conscious and had a head injury which was simple in nature. As regards the injury on the left arm of Joginder Puri (deceased), Dr.Satrugan Parshad Manda, Assistant Professor, PGI, Chandigarh (PW10) as a member of the board of doctors which also comprised of Dr.Dalbir Singh, had conducted post mortem examination of Joginder Puri on 29.5.2006. Inujry no.1 was mentioned as a stitched incised wound of the size 13.5 cm. placed horizontally on the skull. It started 11 cm. above the left eyebrow going right up to 8 cm. above the right ear. On removal of stitches, the wound was found 0.5 cm. wide and exposed and had clear cut margins of the skull bone. Inujry no.1 was mentioned as a stitched incised wound of the size 13.5 cm. placed horizontally on the skull. It started 11 cm. above the left eyebrow going right up to 8 cm. above the right ear. On removal of stitches, the wound was found 0.5 cm. wide and exposed and had clear cut margins of the skull bone. Injury no.2 is a stitch wound of incised nature placed obliquely over the dorsal aspect of left hand. The size was 11 cm. It started from just below the ulner side of the wrist and was going below towards the thumb. Stitches were removed and the breadth of the wound was found to be 0.8 cm. The underlying soft tissues and partial thickness of 3rd, 4th and 5th metacarpal bone were found clean cut. 5. In terms of the affidavit of Mr.Deepak Sharma, Deputy Superintendent, District Jail, Kurukshetra, the applicant/appellant no.2-Paramjit Puri has undergone imprisonment of 5 years, 1 month and 11 days as on 31.01.2012. This includes imprisonment for a period of 3 years, 6 months and 8 days after conviction. A Division Bench judgment of this Court in Dharam Pal versus State of Haryana, 1999 (4) R.C.R. (Criminal) 600 has held that life convicts who have undergone five years imprisonment of which three years should be after conviction, should be released on bail pending hearing of their appeals. The said guidelines have been met in the present case. 6. Keeping in view the facts and circumstances of the case and the fact that applicant/appellant no.2 has been attributed an injury on the left arm of Joginder Puri (deceased) and an injury on the head of Jang Puri, which is simple in nature, besides he has undergone 5 years of imprisonment, it would, therefore, be just and expedient to suspend the sentence of imprisonment of the applicant/appellant no.2-Paramjit Puri, during the pendency of the appeal. 7. Accordingly, criminal miscellaneous application is allowed and the sentence of imprisonment of the applicant/appellant no.2 Paramjit Puri, during the pendency of the appeal shall remain suspended subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Kurukshetra. ------------------