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1989 Supreme(P&H) 267
PUNJAB & HARYANA HIGH COURT
Ujagar Singh, J.
Mohinder Singh
Versus
State Of Punjab
Criminal Revision No. 1170 of 1985,
Decided On : MARCH 21, 1989
In cases involving mutual injuries, the prosecution must provide a plausible explanation for the injuries sustained by the accused, and the court must carefully examine the evidence to determine which party was the aggressor and which acted in self-defense.
Headnote:
CRIMINAL LAW - ASSAULT - SECTION 326, 324, 323, 148, 149 IPC - EVIDENCE - BURDEN OF PROOF - SELF-DEFENCE - INTERPRETATION OF EVIDENCE - INJURIES SUSTAINED BY BOTH PARTIES - DETERMINATION OF AGGRESSOR.
Fact of the Case:
A dispute arose between two groups of individuals, resulting in a physical altercation. The prosecution alleged that the petitioners assaulted the victims, causing injuries, while the petitioners claimed self-defense. The trial court and the appellate court convicted the petitioners based on the injuries sustained by the victims and the lack of evidence explaining the injuries on the petitioners.
Finding of the Court:
The High Court found that the prosecution failed to provide a plausible explanation for the injuries sustained by the petitioners, who had more serious injuries compared to the victims. The court noted that the trial court had improperly relied on evidence from a cross-case to determine the nature of the petitioners' injuries.
Issues: 1. Whether the prosecution had discharged its burden of proving that the petitioners were the aggressors and not acting in self-defense. 2. Whether the trial court erred in relying on evidence from a cross-case to determine the nature of the petitioners' injuries.
Ratio Decidendi: 1. In cases where both parties sustain injuries, the court must carefully examine the evidence to determine which party was the aggressor and which acted in self-defense. 2. Evidence from a cross-case cannot be used to determine the nature of the injuries sustained by the accused in the present case.
Final Decision: The High Court allowed the revision petition, set aside the convictions and sentences imposed on the petitioners, and acquitted them of all charges.
Ujagar Singh, J.
1. On 9-4-1981, at about 6 P.M., in the area of Padri, Joginder Singh and his brother Inder Singh were present in their house. All the five petitioners came in front of their house and started abusing them Jarnail Singh petitioner was armed with a Takwa, Mohinder Singh with Gandasi, Lakhwinder Singh with Dang, Karnail Singh Dang and Kehar Singh alias Baggu also with Dang. They were also abusing by name the witnesses and were saying that you got the working still of Baggu raided by police. Joginder Singh and Inder Singh told them that they should not be abused as they had not got the working still raided. Jarnail Singh wielded his Takwa towards Joginder Singh who for saving himself put forth his left hand and the Takwa hit his thumb Jarnail Singh again wielded his Takwa hitting the thumb of left hand of Joginder Singh. Lakhwinder Singh gave a Dang blow on the right leg of Joginder Singh and another Dang blow on his left ankle. Joginder Singh raised noise and his brother came forward but Mohinder Singh wielded his gandasi hitting Inder Singh by the sharp edged side on his head. Baggu then caused injuries with a Dang on the left flank and left thigh of Inder Singh. Karnail Singh then gave a Dang blow on the left arm and right thigh and Baggu gave a Dang blow on the left knee of Inder Singh. To save themselves the prosecution witnesses gave injuries to Jarnail Singh, Karnail Singh and Lakhwinder Singh. On hearing their noise, Smt. Parkash Kaur wife of Joginder Singh, Ujagar Singh son of Kala Singh neighbour of Joginder Singh came to the spot and rescued them, otherwise the assailants would have killed them. The assailants then ran away towards their houses. The injured were removed to the P.H.C. Makhu but doctor there being not present, they were brought to Civil Hospital Ferozepur. A.S I. Mehar Singh Head Constable scribed the statement Ex, PA of Joginder Singh and after endorsement sent it for the registration of the case and FIR No. 140 dated 10.4.1981 under Sections 326,324,323/148/149 I.P.C. was registered in the police station.
2. After investigation, the challan was put in and during trial prosecution examined PW 1 Joginder Singh, PW 2 Inder Singh and PW 3 Ujagar Singh as eye witnesses. The fourth eye witness Smt. Parkash Kaur wife of Joginder Singh was given up as having been won over. All the three eye witnesses have supported the prosecution. PW 4 Nachhitar Singh ASI registered FIR Ex. PA/I on the basis of Ex. PA statement of Joginder Singh recorded by H C. Mehar Singh. PW 5 Gurdial Singh is a witness of recovery of blood stained earth in front of the house of Joginder Singh. Banta Singh another recovery witness was given up as unnecessary. PW 6 Head Constable Mehar Singh supports the recording of the statement Ex PA, after receiving ruqa from the doctor and he investigated the case and put in the challan. PW 7 Dr. A. S. Mann medically examined Joginder Singh and found two incised wounds, one swelling and an abrasion on his person. One of the incised wounds on back and middle of proximal phalanx of thumb of left hand was declared as grievous. He also medically examined Inder Singh and found six injuries on his person. Two injuries were kept under observation and later on declared to be simple. Thus, all the injuries on the person of Inder Singh were simple. PW 8 Dr. S.K. Gupta X-rayed the injury on the skull and right knee joint but found no fracture. Report of X-ray is Ex. PW 8/A. In cross examination he admitted that on 11.4.1981 Jarnail Singh and Karnail Singh, petitioners, were rayed in respect of injury on the left hand of Jarnail Singh and injury on the skull of Karnail Singh and found out fracture of the third metacarpal bone and fracture of frontal bone respectively. PW 9 Resham Singh, constable, who produced the roznamcha dated 10 4.1981 and proved report No. 39 of that date was scribed on behalf of SHO Darshan Singh. According to this entry, at about 6.45 A.M. on that date. Gurdev Singh
