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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SNEH PRASHAR, J.
Sunder Singh and Another - Appellants
Versus
State of Haryana - Respondent
CRA-S-735-SB of 2004
Decided On : 27-08-2016
IPC - Criminal Law - 186, 307, 332, 342, 353, 452, 34, 114 - The court acquitted the appellants of the charge under Section 307 IPC as the essential ingredients of intention or requisite knowledge to cause death were missing. However, the court upheld the conviction of the appellants under Sections 452, 332, 353, and 186 IPC read with Section 34 IPC. The sentence under Section 452 IPC was reduced to two years with a fine of Rs.1000/-.
Fact of the Case:
The appellants were convicted for assaulting a police officer during an investigation. The prosecution alleged that the appellants pelted stones at the officer, causing injuries. The appellants denied the charges, claiming false implication.
Finding of the Court:
The court acquitted the appellants of the charge under Section 307 IPC due to the lack of intention or requisite knowledge to cause death. However, the court upheld the conviction under other sections based on corroborated testimonies and medical evidence.
Issues: The main issue was whether the appellants had the intention or requisite knowledge to cause death, and whether the other charges of assault were proven.
Ratio Decidendi: The court found that the essential ingredients for the charge under Section 307 IPC were missing, leading to the acquittal. However, the court upheld the conviction under other sections based on corroborated testimonies and medical evidence.
Final Decision: The appeal was partly allowed, acquitting the appellants of the charge under Section 307 IPC and reducing the sentence under Section 452 IPC. The appellants' bail/surety bonds were cancelled, and they were ordered to serve the remaining sentence if applicable.
SNEH PRASHAR, J.
1. This appeal was preferred by appellants Sunder Singh and Hawa Singh, assailing the judgment of conviction dated 18.03.2004 and order of sentence dated 19.03.2004 recorded by learned Additional Sessions Judge, Bhiwani, in Session Case No.63 dated 20.12.2001 based on First Information Report No.149 dated 28.05.2001 registered at Police Station Sadar, Dadri, by virtue of which they (appellants) were sentenced as under:-
| Name of convict | Under Section | Sentence |
| Hawa Singh | 186 IPC read with Section 34 of the Indian Penal Code (for short, “IPC”).
307 IPC read with Section 34 IPC
332 IPC read with Section 34 IPC
342 IPC read with Section 34 IPC
353 IPC read with Section 34 IPC
452 IPC read with Section 34 IPC | Rigorous imprisonment for a period of two months.
Rigorous imprisonment for a period of seven years and to pay a fine of Rs.2000/-. In default of payment of fine convict shall further undergo rigorous imprisonment for a period of six months.
Rigorous imprisonment for a period of two years and to pay a fine of Rs.1000/-. In default of payment of fine convict shall further undergo rigorous imprisonment for a period of three months.
Rigorous imprisonment for a period of six months.
Rigorous imprisonment for a period of one year.
Rigorous imprisonment for a period of three years and to pay a fine of Rs.1000/-. In default of payment of fine convict shall further undergo rigorous imprisonment for a period of three months. |
| Sunder Singh | 186 IPC read with Section 34 and 114 IPC
307 IPC read with Section 34 and 114 IPC
332 IPC read with Section 34 and 114 IPC
342 IPC read with Section 34 and 114 IPC
353 IPC read with Section 34 and 114 IPC
452 IPC read with Section 34 and 114 IPC | Rigorous imprisonment for a period of two months.
Rigorous imprisonment for a period of seven years and to pay a fine of Rs.2000/-. In default of payment of fine convict shall further undergo rigorous imprisonment for a period of six months.
Rigorous imprisonment for a period of two years and to pay a fine of Rs.1000/-. In default of payment of fine convict shall further undergo rigorous imprisonment for a period of three months.
Rigorous imprisonment for a period of six months.
Rigorous imprisonment for a period of one year.
Rigorous imprisonment for a period of three years and to pay a fine of Rs.1000/-. In default of payment of fine convict shall further undergo rigorous imprisonment for a period of three months. |
2. It was ordered that all the sentences imprisonment shall run concurrently.
3. As extracted from the record, the prosecution case was that on 28.05.2001 Sub Inspector/ Additional S.H.O. Sheotaj Singh alongwith his official companions had gone to village Kanheti, by means of official jeep No.HR-16A-0458 of which Constable Raj Kumar was the driver, for investigation of case bearing F.I.R. No.125 dated 19.04.2001 under Sections 323 and 325 IPC read with Section 34 IPC at Police Station Sadar, Dadri and for enquiry into the contents of application No.229-5D dated 26.05.2001 (Ex.PC) given by Sunil and Krishna wife of Sajjan Singh, but both were not present in their house. In the meantime, Hawa Singh and Sunder Singh (appellants), who were standing on the roof of the house of Sajjan Singh, spoke in loud voice that unless Sajjan Singh and Sunil were arrested, they would not allow any other member of their family to enter in the house.
4. When Sub Inspector Sheotaj Singh advised them not to take law in their hands, Sunder Singh asked Hawa Singh to teach him a lesson for speaking too much and to hit on his head with a brick in order to kill him. Hawa Singh with an intention to kil
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