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PUNJAB AND HARYANA HIGH COURT
H.S. Bedi and Adarash Kumar Goel, JJ.
State of Punjab - Appellant
Versus
Nichhatar Kumar and others - Respondents
Criminal Appeal No. 411-DBA of 1992.
Decided On : 23 March, 2004
Section 324 Indian Penal Code - Alteration of Conviction - Section 307 Indian Penal Code - [Indian Penal Code] - [Section 324, Section 307, Section 326] - The court discussed the injuries to the victim and the medical evidence, interpreting the nature of the injuries and their classification under the relevant sections of the Indian Penal Code. The court referred to previous judgments and legal provisions to determine the appropriate section under which the respondents should be convicted, ultimately altering the conviction to Section 326 Indian Penal Code.
Fact of the Case:
The respondents were initially charged under Section 307 Indian Penal Code for causing injuries to the victim. The trial court altered the conviction to Section 324/34 Indian Penal Code, leading to the appeal by the State of Punjab. The prosecution's case involved a violent attack on the victim and his brothers, resulting in injuries and subsequent medical examination.
Finding of the Court:
The court found that the injuries to the victim fell under Section 326 Indian Penal Code, contrary to the trial court's decision. It also considered the age of the respondents and the time elapsed since the occurrence in determining the appropriate sentence.
Issues: The main issue was whether the trial court was justified in altering the conviction from Section 307 to Section 324/34 Indian Penal Code, based on the nature of the injuries and the medical evidence.
Ratio Decidendi: The court's decision was based on the interpretation of the nature of the injuries and their classification under the relevant sections of the Indian Penal Code, as well as the consideration of previous judgments and legal provisions.
Final Decision: The appeal was allowed, and the court converted the conviction of the respondents to Section 326 Indian Penal Code. The respondents were sentenced to undergo rigorous imprisonment for one year.
Adarsh Kumar Goel, J. - This appeal has been preferred by the State of Punjab against altering of conviction of the respondents to Section 324 Indian Penal Code from the charge of Section 307 Indian Penal Code.
2. The respondents alongwith three others (since acquitted) were proceeded against, inter alia, under section 307 Indian Penal Code. Case of the prosecution is that on 14.9.1998, at 5.30 P.M., Santokh Singh, PW-4 was going from his house to the cattle shed in the company of his brothers Gian Singh, PW-3 and Gurmukh Singh, PW-5 and near the shop of Kewal Krishan, accused Nichhattar Kumar armed with gandasi, Ram Lubhaya armed with iron rod, Santosh Kumar armed with iron rod alongwith the acquitted accused (empty-handed) came from opposite side. Ram Lubhaya raised lalkara that Santokh Singh be caught hold of and finished as his father Mohan Singh always talks ill of them in the Gram Panchayat. Nichhatar Kumar inflicted gandasi blow on the left side of the head of Santokh Singh. Ram Lubhaya inflicted iron rod blow on the chest of Santokh Singh. Santosh Kumar gave two iron rod blows on his shoulder and on the back. Gian Singh and Gurmukh Singh raised alarm and intervened. Ram Lubhaya inflicted iron rod blow on the left cheek of Gian Singh. Nichhatar Kumar gave gandasi blow from blunt side to Gian Singh. Hussan Lal, Mukhtiar Singh and Pappu caught hold of Gurmukh Singh and gave fist blow. Thereafter, accused ran away with their weapons. Injured were taken to the hospital and were medically examined. Case was registered on the statement of Gian Singh and after investigation, accused were challaned. Charges were framed against them but they pleaded not guilty.
3. Prosecution examined Dr. Tarsem Singh Bhatti, Registrar, Pathology Department, Government Medical College, Patiala PW-1, Gian Singh, PW-3, Santokh Singh, PW-4, Gurmukh Singh, PW-5 and Swaran Singh, PW-7 apart from other evidence.
4. The trial Court gave benefit of doubt to Hussan Lal, Surinder Kumar and Mukhtiar Singh, inter alia, on the ground that they were not named in the FIR and no injury was attributed to them. Nichhatar Kumar, Ram Lubhaya and Santosh Kumar were convicted. Nichhatar Kumar was convicted under section 324 Indian Penal Code and Ram Lubhaya and Santosh Kumar under Section 324/34 Indian Penal Code. They were released on probation. Hence this appeal.
5. Main question to be considered is whether the trial court is justified in holding that the offence will not be covered by Section 307 or 326 Indian Penal Code. The injuries to Santokh Singh as mentioned in the medico-legal report, Ex.PA and statement of PW-1 Dr. Tarsem Singh Bhatti, are as under :-
"1. Incised wound 5 cms x 1/2 cm on the left parietal region of head which was 9 cms above the pinna of left ear. Margin was incised and sharply cut, edges were everted underlying bone was cut, fresh bleeding from the wound was there. X-ray was advised.
2. Contusion injury on the back of right scapular region which was 6x2 cms. in size.
3. Abrasions of variable in size i.e. 3 cms. x 1 cm on the front of chest.
4. Abrasion on the upper part of shoulder."
Injury No. 1 was grievous in nature and kept under observation. Injuries No. 2, 3 and 4 were simple in nature, Injury No. 1 was caused with a sharp edged weapon, 2, 3 and 4 caused by blunt weapon. Probable duration of injuries was within two hours." (Underlining supplied).
6. The trial court in para 20 of its judgment observed :-
"As regards the other accused particularly Nichhatar Kumar, who has been charged under section 307 Indian Penal Code, in the bed head ticket, it was no where on the person of Santokh Singh, could be dangerous to life. Opinion in this regard was given by the doctor only on 26.9.1988. That too on the application Ex.PJ moved by the police. In case injury was dangerous to life, the doctor should have mentioned the same in the bed head ticket. So much so injuries on the person of Santokh Singh, cannot be termed as grievous in nature. Th
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