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2007 Supreme(P&H) 1661
2008(1) LAW HERALD (P&H) 428
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice A.N. Jindal
Crl.A.No.328-SB of 1996
Jeet Singh
v.
State of Punjab
{Decided on 13/09/2007}
For the Appellant:Mr. Atul Lakhanpal, Advocate.
For the Respondent: Mr. Anter Singh Brar, D.A.G; Punjab.
For revision-petitioner:Mr. Daldeep Singh, Advocate.
IMPORTANT POINT
Witness--Prosecution has given up its witness—He had been examined as defence witness—His testimony can be discarded.
Headnote:Detective Investigation--Investigation Officer omitted to reach in the Hospital when injured was in the hospital for 27/28 days—Not a ground for extending benefit to the accused.
Attempt to murder—Solitary injured witness has given minute details of the time, place and the manner in which the occurrence took place—No reason to discard the statement of solitary injured eye witness.
(A) Evidence Act, 1872—Witness--Prosecution has given up its witness—He had been examined as defence witness—His testimony can be discarded. (Para 20)
(B) Criminal Procedure Code, 1973, Sections 156 and 157—Detective Investigation--Investigation Officer omitted to reach in the Hospital when injured was in the hospital for 27/28 days—Fault on the part of investigating agency could not be shouldered upon the injured—It is not a ground for extending benefit to the accused. (Para 18)
(C) Penal Code, 1860, Sections 307, 455, 323—Attempt to murder—Deprivation of eye sight and paralysis of the arm of injured—Independent witness who witnessed to occurrence was won over—Three days delay in lodging the FIR—Testimony of the injured witness stands corroborated by his wife who was present at the time of occurrence—Their testimony corroborated by medical evidence—Solitary injured witness has given minute details of the time, place and the manner in which the occurrence took place—No reason to discard the statement of solitary injured eye witness—Conviction upheld.
A.N. Jindal. J.:- This judgment of mine shall dispose of Crl.A. No.328-SB of 1996 and Crl.R.No. 390 of 1996.
2. Out of the two accused, Gurmit Kaur was acquitted whereas Jit Singh was convicted under Section 307,455 IPC read with Section 323 IPC, for causing injuries to Baldev Dass which resulted into deprivation of his eye sight and paralysis of the arm.
3. The prosecution allegations as essential for the disposal of this appeal are that Baldev Dass was the owner of Dera parshotam Dass situated at village Khiala Kalan. At about 6-30 p.m. on 19.3.1988, he along with his wife Sukhwinder Kaur and their infant son was present in the Dera. At that time Jit Singh accused armed with a Ghop shaped iron dang (iron rod), and Gurmit Kaur empty handed tress passed into the Dera. Gurmit Kaur exhorted her husband to murder Baldev Dass and his family. In the meantime, Jit Singh inflicted an iron rod blow on the head and other blows above the ear and on the right side of his head. Resultantly, he fell down, even thereafter, Jeet Singh inflicted another blow, which hit his left hand.
When the accused tried to chase Sukhwinder Kaur, she raised hue and cry ‘’Mar dita Mar dita” which attracted Wazir Singh (now won over and appeared as DW) came at the rescue of Baldev Dass.
4. Motive behind the occurrence is that the accused persons were tethering their cattle in the dera of Baldev Dass. But latter dissuaded them from doing so and to prevent them, he had raised fencing of prickly bushes around his dera.
5. Sukhwinder Kaur shifted the deceased to Civil Hospital, Mansa and went to inform her father and brother of the injured. Ultimately, on 22.3.1988, she accompanied by her father and Teja Singh elder brother of the injured went to police station Mansa and got recorded her statement Ex. PK, on the basis of which FIR Ex. PK/2 was recorded at 3-30 p.m.
6. The medical officer of Civil Hospital, Mansa sent ruqa on 19.3.1988, regarding arrival of the injured in the hospital, at which ASI Shiv Shambu Nath PW6 reached there. On query, the Doctor vide his report Ex. PE/1 recorded at 9:30 p.m. certified that the injured was unfit to make statement. Similarly, on 20.3.1988, at about 7:50 a.m. on query of PW6, doctor repeated the same opinion. Thereafter, Baldev Dass was shifted to C.M.C. Ludhiana, on the night intervening 20/21.3.1988. On 21.3.1988, a head constable, who was deputed by the Investigating Officer, again sought opinion regarding fitness of Baldev Dass to make the statement, then doctor vide his opinion dated 21.3.1988 at 2:35 a.m. opined that he was unfit to make statement. In the meantime, Sukhwinder Kaur had met the police and recorded her statement on the basis of which the formal FIR was registered. The investigation was commenced. The accused was arrested. The weapon of offence was recovered. Statements of the witnesses were recorded. On completion of the investigation challan was presented. The accused was charged under Section 450,307 read with Section 34 IPC to which they pleaded not guilty and claimed trial.
7. When examined under Section 313 Cr.P.C. both the accused persons denied all the incriminating circumstances appearing against them and pleaded their false implication. Jit Singh, inter alia, pleaded that on the day of occurrence, the Holy Guru Granth Sahib had been installed in the Dera of Baldev Dass but still Baldev Dass was indulging in tantrik activities and he also used to indulge in eve-teasing and take liquor in the Dera. He was dissuaded by Young Sikh Amritdhari boys from doing such activities. Baldev Dass was suspected that he was inciting the youth to raise protest. On the fateful day, when Baldev Dass was returning from the village after collecting the milk, some unknown persons inflicted injuries upon him. Sukhwinder Kaur was not present at the place of occurrence as she had gone to her parental village for delivering the child. Similarly, Gurmit Kaur pleaded his false implication in the case. She also stated
