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2010 Supreme(P&H) 450
PUNJAB & HARYANA HIGH COURT
T.P.S.Mann, J.
Chet Singh
Versus
State Of Punjab
Criminal Appeal No. 1234 of 2002,
Decided On : JANUARY 19, 2010
The main legal point established in the judgment is that injuries causing danger to life should meet the criteria under Section 307 IPC, and a valid compromise can lead to the benefit of compounding the offence.
Headnote:
Injuries - Criminal Law - Sections 307, 323/34 IPC - Tej Ram vs The State of Punjab, 1978 Chandigarh Law Reporter (Pb. and Haryana) 76
Fact of the Case:
The appellants were convicted for causing injuries to Dalip Singh and Pritam Singh. The prosecution alleged that the appellants attacked the complainant and his brother while they were re-laying a demolished Khal. The trial court convicted the appellants under Sections 307, 323/34 IPC. During the pendency of the appeal, a compromise was effected between the parties.
Finding of the Court:
The court found that the injuries caused did not fall within the ambit of Section 307 IPC, but rather under Section 325 IPC. The court also noted that a valid compromise had been arrived at between the parties, and accordingly, the benefit of compounding the offence was extended to the appellants.
Issues: The main issue was whether the offence under Section 307 IPC was made out against the appellants and whether a valid compromise had been effected between the parties.
Ratio Decidendi: The court held that the injuries caused did not meet the criteria under Section 307 IPC and were instead punishable under Section 325 IPC. The court also emphasized that a valid compromise had been arrived at between the parties, and therefore, the benefit of compounding the offence was extended to the appellants.
Final Decision: The conviction of the appellants was altered from Section 307 IPC to Section 325 IPC, and the conviction under Section 323 IPC was maintained. The appellants were acquitted of the charges against them due to the compromise between the parties.
T.P.S.MANN, J.
1. The appellants were tried by Additional Sessions Judge, Ferozepur for offences under Sections 307, 323/34 IPC for causing injuries to Dalip Singh and Pritam Singh. Vide judgment and order dated 24.7.2002, the trial Court convicted Chet Singh-appellant under section 307 IPC and sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,000/-. In default of payment of fine, he was directed to undergo further rigorous imprisonment for six months. The other appellants were held vicariously liable under Sec.307/34 IPC and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.500/-each. In default of payment of fine, the defaulting accused was to undergo further rigorous imprisonment for three months. All the appellants were also convicted under Sec.323 IPC and sentenced to undergo rigorous imprisonment for six months each. Substantive sentences were ordered to run concurrently.
2. According to the prosecution, Dalip Singh complainant and his brother Pritam Singh were agriculturists by profession and having joint cultivation. The land of Chet Singh accused adjoined their land. The complainant had carved out a Khal for the purpose of irrigating his fields from the main canal. The said Khal passed through rectangle No.30 Killa Nos.6 and 7. About 10/15 days earlier to the present occurrence, Chet Singh accused had demolished the Khal. On 2.6.1999 at about 11.00 AM, the complainant and his brother Pritam Singh were re-laying the demolished Khal. In the meantime, all the four accused duly armed reached there. Chet Singh raised lalkara to teach a lesson to the complainant and his brother for relaying the Khal. Upon this, harmesh Singh gave a butt blow of his gun, hitting Pritam Singh near his right ear. Chet Singh gave a bala blow on the head of Pritam Singh. On receiving injuries, Pritam Singh fell down. While he was lying on the ground, he was given a gandasa blow from its reverse side by Gurmej Singh, hitting him on his nose. When the complainant tried to rescue his brother, Desa Singh gave a gandasa blow from its reverse side hitting him on his head. Chet Singh put a saffa around the neck of the complainant, as a result whereof, the complainant fell down and received scratches around his neck. Desa Singh gave gandasa blow from its blunt side on the left palm of the complainant. Chet Singh gave a kick blow in the abdomen of the complainant. On receiving the injuries, Pritam Singh became unconscious. The occurrence was also witnessed by Kundan Singh son of the complainant, who was at that time standing at a little distance from the place of the occurrence. When an alarm was raised, all the accused fled away from the spot while carrying their respective weapons. The injured were first taken to Civil hospital, Mamdot, from where they were further referred to Civil Hospital, ferozepur. Dr Mahesh Chander Markan, Medical Officer, Civil Hospital, Ferozepur conducted medico-legal examination on the person of Pritam Singh on 2.6.1999 and found the following injuries:
1. Patient complained of bleeding from the right ear. Fresh bleeding was present. ENT specialist opinion was advised.
2. Patient complained of bleeding from the nose. Fresh blood was present in the nostrils. Opinion of ENT specialist was advised.
3. There was history of vomitting and headache more in the right side of head. Patient complained of being hit by blunt wooden weapon on the right side of the head, just above the right ear. Tenderness was present. X-ray was advised. Injury No.3 was kept under observation and was declared grievous later-on on the basis of x-ray report. This injury was subsequently declared as dangerous to life. The said doctor also examined Dalip Singh injured on the same day and found the following injuries on his person:
1. Lacerated wound 4.5 cm x 0.5 cm in the occipital region of the head. More towards the right side 12 cm from the right ear pinna. Injury was bone deep.
