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2011 Supreme(P&H) 64
2011(1) Law Herald (P&H) 606
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Kanwaljit Singh Ahluwalia
Criminal Appeal No.1008-SB of 2000
Harbhajan Singh & Ors.
v.
State of Punjab
{Decided on 07/01/2011}
For the Appellants:Mr. Malkeet Singh, Advocate.
For the State:Mr. Mehardeep Singh, Dy. Advocate General, Punjab.
Headnote:(A) Indian Penal Code, 1860, Ss.307, 326, 324, 323, 506, 148, 149--Attempt to murder--Grevious Hurt - A1 to A7 appealed against convict--Benefit of doubt already given to A1, A2, A3 and A7--Participation of A5 & A6 proved as they had suffered superficial injuries and admitted their presence--Complainant had acted in self defence--Appeal against them dismissed--A4 was aged about 60 years and was mother of A5 & A6--Can be safely inferred to be falsely implicated - Thus, benefit of doubt is also extended to A4. (Para 13, 14)
(B) Criminal Procedure Code, 1973, S.154--Indian Penal Code, 1860, S.307--FIR--Lodging of--Delayed--Benefit of doubt--Attempt to murder--Occurrence had taken place on 3rd June, 1998 at about 9:00AM--Statement of PW3 recorded on 4th June, 1998 at about 11:15 AM at Civil Hospital--Delay of 24 hours--Civil Hospital and Police station were closely situated--No report was given by anybody to the police--Even though IO had visited the hospital on 3rd June, 1998--Accused A5, A6 and A4 suffered injuries--No other accused had suffered injury--Possibility cannot be ruled out that due to consultations and deliberations on the next day, the number of accused was inflated--Benefit of doubt extended to appellants A1, A2, A3 & A7. (Para 12, 13)
(C) Indian Penal Code, 1860, S.326--Grevious Hurt--Sentence--Reduction--Occurrence pertains to the year 1998--A5 & A6 have suffered mental pain and agony of a protracted trial--the same be construed as a mitigating circumstance--Sentence reduced from three years to two years RI. (Para 15)
Mr. Kanwaljit Singh Ahluwalia, J.(Oral):- Present appeal has been preferred by seven appellants, namely, Harbhajan Singh, Ajit Singh, Chanan Singh, Bant Kaur, Amarjit Singh, Dara Singh and Nasib Singh. They were tried in a case FIR No.46 dated 04.06.1998 registered at Police Station Balachaur under Sections 307, 326, 324, 323, 506, 148, 149 IPC. The Court of Additional Sessions Judge, Nawanshahar, vide its judgment and order dated 6th October, 2000 convicted and sentenced them as under:
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Sl. Name of Convict Sentence Under Section
No
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1. Harbhajan Singh RI for one year 148 IPC
RI for one year on each count 324 IPC on two counts.
RI for 3 years and to pay 326/149 IPC
fine of Rs.2,000/- or in
default to further undergo RI
a for 6 months.
RI for one year, on each count 324/149 IPC on 6 counts.
RI for 6 months 323/149 IPC
2. Jeet Singh RI for one year 148 IPC
RI for one year 324 IPC
RI for 3 years and to pay a 326/149 IPC
fine of Rs.2,000/-, or in
default to further undergo RI
for 6 months.
RI for one year on each count 324/149 IPC on 7 counts.
RI for 6 months 323/149 IPC
3. Chanan Singh RI for one year 148 IPC
RI for 6 months 323 IPC
RI for 3 years and to pay a 326/149 IPC
fine of Rs.2,000/- or in
default to further undergo RI
for 6 months.
RI for one year on each count 324/149 IPC on 7 counts.
4. Bant Kaur RI for one year 148 IPC
RI for one year on each 324 IPC on 2
count counts.
RI for 3 years and to pay a 326/149 IPC
fine of Rs.2,000/- or in
default, RI for 6 months.
RI for one year on each count 324/149 IPC on 6 counts.
RI for 6 months 323/149 IPC
5. Amarjit Singh RI for one year 148 IPC
RI for 3 years and to pay a 326 IPC
fine of Rs.2,000/- or in
default to further undergo RI
for 6 months.
RI for one year on each count 324/149 IPC on 8 counts.
RI for 6 months 323/149 IPC
6. Dara Singh RI for one year 148 IPC
RI for one year on each count 324 IPC on two counts.
RI for 3 years and to pay a 326/149 IPC
fine of Rs.2,000/- or in
default to further undergo RI
for 6 months.
RI for one year on each count 324/149 IPC on 6 counts.
RI for 6 months 323/149 IPC
7. Nasib Singh RI for one year 148 IPC
RI for one year 324 IPC
RI for one year on each count 324/149 IPC on 7 counts
RI for 3 years and to pay a 326/149 IPC
fine of Rs.2,000/- or in
default to further undergo RI
for 6 months.
RI for 6 months 323/149 IPC
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2. All the substantive sentences were ordered to run concurrently.
3. FIR Ex.PY/2, in the present case, was registered on the basis of a statement Ex.PY made by Mukhtiar Singh PW-3, which was recorded on 4th June, 1998. Occurrence, in the present case, had taken place on 3rd June, 1998 at about 9.00 a.m. Mukhtiar Singh PW-3 stated that he was a resident of village Gullpur and they were two brothers. He was a student of B.A. part I in R.K. Arya College, Nawanshahar. His elder brother Lakhbir Singh had opened a poultry farm in the village, whereas his father Avtar Singh had come on pension from the Army and was working with his elder brother Lakhbir Singh. One year before, a fight had taken place between his maternal uncle Jujhar Singh and Harbhajan Singh son of Nasib Singh, and both sides had received injuries. Accordingly, a case to this effect was going on in the Court at Balachaur. On 3rd June, 1998 at about 8.30 a.m., taking meals for his Taya (elder brother of his father) Major Singh, he had gone to the fields. In the way, he met Harbhajan Singh and Amarjit Singh sons of Nasib Singh. They abused h
