Back
2010 Supreme(P&H) 2629
2011(2) RCR(Cri) 808
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JITENDRA CHAUHAN, J.
Sukhdev Singh and another -Appellants
Versus
State of Punjab -Respondent
Criminal Appeal No.143-SB of 2000
Decided on: 14.09.2010
Advocate Appeared:
Mr. M S Bedi, Advocate, for the appellants.
Mr. Mehardeep Singh, DAG, Punjab.
The absence of conclusive medical evidence and discrepancy between the ocular version and medical evidence led to the setting aside of the conviction under Section 307 IPC and its conversion to Sections 326, 34 IPC.
Headnote:
X-RAY - Criminal Law - Sections 307/324/34 IPC - Summary: The court discussed the medical evidence and lack of X-ray report, concluding that the necessary ingredients for Section 307 IPC were lacking and the offence would fall under Section 326 IPC. The court highlighted the importance of medical opinion and the absence of conclusive medical evidence, leading to the conclusion that the provisions of Section 307 IPC were not attracted. The court also emphasized the discrepancy between the ocular version and the medical evidence, ultimately setting aside the conviction under Section 307 IPC and converting it to Sections 326, 34 IPC.
Fact of the Case:
The accused were convicted for offences under Sections 307/324/34 IPC for causing injuries. The prosecution's case was based on the incident where the accused attacked the complainant and his son with weapons, resulting in injuries to the son. The accused pleaded not guilty and claimed trial.
Finding of the Court:
The court found that the necessary ingredients for Section 307 IPC were lacking and the offence would fall under Section 326 IPC. It also highlighted the discrepancy between the ocular version and the medical evidence, ultimately setting aside the conviction under Section 307 IPC and converting it to Sections 326, 34 IPC.
Issues: The issues included the lack of X-ray report, discrepancy between the ocular version and medical evidence, delay in lodging the FIR, and absence of conclusive medical opinion.
Ratio Decidendi: The court emphasized the importance of medical opinion and the absence of conclusive medical evidence, leading to the conclusion that the provisions of Section 307 IPC were not attracted. It also highlighted the discrepancy between the ocular version and the medical evidence, ultimately setting aside the conviction under Section 307 IPC and converting it to Sections 326, 34 IPC.
Final Decision: The conviction under Section 307 IPC was set aside and converted to Sections 326, 34 IPC. The appellants were awarded a sentence of imprisonment for the period already undergone, with an enhanced fine to be deposited with the Chief Judicial Magistrate. The appellants' bail bonds were discharged.
JITENDRA CHAUHAN, J.
1. The present appeal is directed by the accused-appellants, namely, Sukhdev Singh and Kulwant Singh, against the judgment and order dated 28.1.2000 passed by the learned Additional Sessions Judge, Gurdaspur (hereinafter as 'trial Court'), convicting them for the offences punishable under Sections 307/324/34 IPC and sentencing them as under:-
Sukhdev Singh to undergo rigorous imprisonment for four years and to pay a fine of Rs.2000/-and in default of payment of fine to further undergo rigorous imprisonment for six months under Section 307 IPC
Sukhdev Singh to undergo rigorous imprisonment for six months under Sections 324/34 IPC being vicariously liable for the injuries caused by Kulwant Singh under Section 324 IPC.
Kulwant Singh to undergo rigorous imprisonment for two years and to pay a fine of Rs.1000/-and in default of payment of fine to further undergo rigorous imprisonment for three months under Sections 307/34 IPC being vicariously liable for the injuries caused by Sukhdev Singh under Section 307 IPC
All the sentences were ordered to run concurrently. Accused-Bawa Singh was acquitted by the trial Court.
2. The facts of the case, as set up by the prosecution are narrated in para 1 of the judgment of the learned trial Court which reads as under:-
“Complainant, Kewal Singh is resident of Village Peero Pindi. On 24.11.1997, complainant along with his son Satwinder Singh were present in front of the house of Nirmal Singh and was sprinkling water in order to make the dust settled down. On that day marriage of the daughter of Nirmal Singh was to take place. Time was 11.00 AM. At that juncture, accused, Sukhdev Singh alias Manga Singh happened to pass in front of the house of Nirmal Sigh, and he sarcastically commented that they would settle the dust of complainant and his son. After about 2/3 minutes thereafter, accused Sukhdev Singh, Kulwant Singh and Bawa Singh, armed with barchhas come there. Bawa Singh declered his intention of avenging the insult inflicted upon them by Kewal Singh, when said Kewal Singh, on one occasion, scolded Kulwant Singh accused on account of the reason that Kulwant Singh had given beating to Palwinder Singh, son of Kewal Singh. Bawa Singh delivered barchha blow in the direction of the complainant, but missed the target. Sukhdev Singh gave barchhi blow on Satwinder Singh, on the left side of his abdomen. Then Kulwant Singh gave a barchhi blow to Satwinder Singh underneath the left armpit. On alarm being raised, Mohinder Singh came forward and rescued Satwinder Singh from the clutches of the accused. Thereafter, all the accused took to their heels along with their respective weapons. Satwinder Singh was taken to Civil Hospital, Kalanaur and from there he was shifted to Civil Hospital, Gurdaspur. On 24.11.1997, itself ASI, Kamal Kishore, received wireless message from Police Station, City Gurdaspur, about the admission of Satwinder Singh in Civil Hospital, Gurdaspur. On receipt of this message, ASI, Kamal Kishore, went to Civil Hospital, Gurdaspur and laid an application, Ex.PF, seeking opinion of the doctor regarding the fitness of the injured to make statement and the doctor, vide his endorsement Ex.PF/1 declared the injured as unfit to make the statement. Again on the next day i.e. 25.11.1997, another application Ex.PG was moved seeking opinion of the doctor about the fitness of the injured to make the statement and again the injured was declared unfit to make a statement. However, in the hospital, ASI Kamal Kishore, met Kewal Singh and recorded his statement Ex.PA. The same was forwarded to the police-station by ASI Kamal Kishore after making his endorsement thereover Ex.PA/1 on the basis of which formal FIR Ex.PA/2 was recorded. On the same day, Investigation Officer made for the place of occurrence and prepared rough site plan Ex.PH thereof with correct marginal notes and also recorded the statement of Mohinder Singh. On the same day, the shirt of the injured was produc
