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2011(3) RCR(Cri) 410
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
JITENDRA CHAUHAN
Satpal Singh -Appellant
Versus
State of Punjab -Respondent
Criminal Appeal No.799-SB of 2009
Decided on: August 27, 2010
Injury - Indian Penal Code - 307, 326, 324, 323 - 307, 326, 324, 323
Fact of the Case:
The appellant was convicted for the offence under Sections 307, 326, 324, 323 of the Indian Penal Code for causing injuries to the victim. The appellant denied the incriminating circumstances and claimed false implication.
Finding of the Court:
The court found that the offence under Section 307 of the Indian Penal Code was not made out as the injuries were not sufficient in the ordinary course of nature to cause death. The court also noted inordinate and unexplained delay in lodging the FIR and lack of intention and knowledge on the part of the appellant to cause injury sufficient to cause death.
Issues: The issues revolved around the nature of injuries, intention and knowledge of the appellant, delay in lodging the FIR, and the credibility of the recovery of the weapon used in the offence.
Ratio Decidendi: The court emphasized that the nature and dimension of the injury, its location, and the damage it caused should be considered to determine if the offence under Section 307 of the Indian Penal Code is made out. The court also highlighted the need for the court to form its own opinion on the medical evidence, irrespective of expert opinions.
Final Decision: The conviction under Section 307 of the Indian Penal Code was set aside, and the appellant was held guilty for an offence under Section 326 of the Indian Penal Code. The sentence was remitted to the period already undergone by the appellant, and the fine was enhanced.
JITENDRA CHAUHAN, J.
1. This appeal is directed against the judgment of conviction and the order of sentence passed by the Additional Sessions Judge, Sangrur (hereinafter referred as “trial Court”) on 9.3.2009 whereby the appellant was convicted for the offence under Sections 307, 326, 324, 323 of the Indian Penal Code and sentenced as follows:
Name of Sentence of Rigorous Sentence of Sentence of RI in default Sentence for the offence
Appellant imprisonment fine of payment of fine punishable under sections
Satpal Singh Seven years Rs.5,000/- one month 307 IPC
Three years Rs.2,000/- 15 days 326 IPC
One year Rs.1,000/- 15 days 324 IPC
One year Rs.1,000/- 15 days 323 IPC
All the sentences were ordered to run concurrently.
2. Brief facts of the case, as narrated in para 2 of the judgment of learned trial Court, are that:
“On 4.6.2007 a wireless message was received from SHO, P.S. Sadar, Sangrur that injured Krishan Singh son of Bhajan Singh resident of Sangheri was admitted in Civil Hospital, Sangrur and on receiving the message, HC Balwinder Singh arrived at C.H., Sangrur, where the doctor declared the injured unfit to make the statement. Then telephone was received from Rajindra Hospital, Patiala that injured has been shifted from C.H., Sangrur to R.H., Patiala and admitted in Ward No.5 and on receiving the said message, ASI Gurcharan Singh along with HC Balwinder Singh and PHG Ram Dhan reached at Rajindra Hospital, Patiala, whereas ASI moved an application with the doctor upon which the doctor declared the injured unfit to suffer statement. However, the brother of the injured, namely, Harbagh Singh, who was standing there, suffered statement to the police that he along with his brother Krishan Singh were working as labourer at the brick kiln of Beant Singh resident of Jhaneri where they used to manufacture katcha bricks in the land of Balwant Singh Sangheri and Sat Pal Singh was also doing the works of manufacturing katcha bricks in the just adjoining land. On 4.6.2007 at about 4 a.m. he and his brother Krishan Singh riding on their cycles were going for their work. When they took turn towards Patherwali place from the metaled road, then Krishan Singh, who was going ahead of him on his cycle arriving 3-4 killas away from the road, then Satpal Singh armed with a Daah came and alert him that that day he would not be spared and started giving Daah blows to his brother with an intention to kill him as a result of which, his brother Krishan Singh suffered injuries near left eye, on left cheek, on left thumb, on right side of the nose as well as on the left side of the head and fingers of right hand and also caused injuries with Daah in his abdomen. His brother Krishan Kumar fell down on the earth, but Sat Pal Singh continued to kick him while he was lying on the earth. He and his brother raised hue and cry, `killed-killed', then Sat Pal Singh ran away from the spot along with the Daah. He provided first aid to his brother and took him to the house as he was unconscious. Then from there he along with his uncle Gurjant Singh took him to Govt. Hospital, Sangrur and he was referred to Rajindra Hospital, Patiala. The motive behind the occurrence was that on the last Diwali he and his brother Krishan Singh and Sat Pal Singh quarrelled with each other. Keeping in mind to kill him, he inflicted injuries to his brother Krishan Singh. On 6.6.2007 ASI along with HC Balwinder Singh were present at bus-stand, Sangheri from Gharachon. He then arrested the accused Satpal Singh at the bridge of canal minor in the area of Village Gharachon. During interrogation, the accused suffered disclosure statement that he has kept concealed a Daah near the land of Jaswant Singh on the Sanghreri-Nagra road underneath the heap of soil and only he knew about it and can get the same recovered. Then as per his statement, he got recovered the Daah from the place of its concealment. Khakha of the same was prepared and it was taken into pol
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