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2017 Supreme(P&H) 1530
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ARVIND SINGH SANGWAN, J.
Ram Singh - Appellant
Versus
State of Haryana - Respondent
CRA-S No.172-SB of 2005 (O&M)
Decided On : 23-09-2017
Advocate Appeared:
For the Appellant :Dr. Amarpreet Sandhu, Advocate (Legal Aid Counsel)
For the Respondent: Mr. Naveen Sheoran, DAG
The central legal point established in the judgment is the requirement to prove intention or knowledge under Section 307 IPC and the consideration of injuries caused by firearms in determining guilt.
Headnote:
Indian Penal Code - Offences - Sections 148, 149, 307, 323, 506, 120-B - Arms Act - 25/54/59 - Summary of Acts and Sections: The court discussed the evidence and legal provisions related to the charges under Sections 307 and 323 of the Indian Penal Code and Section 25 of the Arms Act. The court analyzed the intention of the accused, the nature of injuries, and the circumstances of the incident to determine the guilt of the appellant. Key legal provisions such as the definition of attempt under Section 307 IPC and the requirement of proving intention or knowledge were crucial in influencing the court's decision.
Fact of the Case:
The appellant faced trial for offences under Sections 148, 149, 307, 323, 506, 120-B of the Indian Penal Code and 25/54/59 of the Arms Act. The case involved an incident where the appellant and others attacked the complainant with firearms, resulting in severe injuries.
Finding of the Court:
The court found the appellant guilty under Sections 307 and 323 IPC and Section 25 of the Arms Act based on the evidence of the injuries caused with the intention to kill the complainant. The court acquitted the other accused due to lack of evidence.
Issues: The issues revolved around proving the appellant's intention to cause harm, the nature of injuries, and the involvement of the co-accused. The court also considered the possibility of false implication and the presence of doubt in the prosecution's case.
Ratio Decidendi: The court's decision was based on the evidence of injuries caused by firearms, the intention to kill, and the lack of proof against the co-accused. The court also considered legal precedents related to the definition of attempt under Section 307 IPC and the requirement of proving intention or knowledge.
Final Decision: The appellant's conviction under Sections 307 and 323 IPC and Section 25 of the Arms Act was upheld. However, the sentence was reduced considering the appellant's circumstances, and a compensation of Rs.50,000 was imposed on the appellant.
ARVIND SINGH SANGWAN, J.
1. The appellant – Ram Singh has faced the trial in FIR No.232 dated 26.04.2000 for offence punishable under Sections 148, 149, 307, 323, 506, 120-B of the Indian Penal Code, 1860 (in short 'IPC') and 25/54/59 of the Arms Act registered at Police Station Sadar, Hisar.
2. The appellant has filed the present appeal against the judgment of conviction dated 18.12.2004 and order of sentence dated 20.12.2004 passed by the learned Additional Sessions Judge, Fast Track Court, Hisar vide which the appellant was convicted under Section 307 IPC and sentenced to undergo rigorous imprisonment for a period of 07 years and to pay a fine of Rs.2,500/- and in default of payment of fine to further undergo rigorous imprisonment for a period of 06 months. He was also convicted under Section 323 IPC and sentenced to undergo rigorous imprisonment for a period of 06 months and to pay a fine of Rs.500/- and in default of payment of fine to further undergo rigorous imprisonment for a period of 01 month. The appellant was further convicted under Section 25 of the Arms Act and sentence to undergo rigorous imprisonment for a period of 01 year and to pay a fine of Rs.1,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of 02 months.
3. Brief facts of the case are that the complainant – Chhotu Ram got his statement recorded before SI Chandgi Ram on 26.04.2000 to the effect that they are three brothers. The eldest is Ajit Singh, younger to him is Abhay Singh and the complainant is the youngest brother. They all are living separately in their respective dhanis in their fields. The complainant stated that he had sown maize/fodder for cattles and the stray cows used to damage the crop. On 25.04.2000, he along with his wife were removing the stray cows from their fields at about 08:30/09:00 PM, in the meantime, from the street side, the accused/appellant – Ram Singh son of Ajit Singh, carrying a pistol, Abhay Singh son of Ram Lal also carrying a pistol, Dhapi wife of Ajit Singh carrying a hockey stick and 03 other persons out of them 02 were having guns and one was having pistol, suddenly came from the street. Dhapi attacked and gave a stick blow on his left hand wrist and raised a voice 'catch hold of Chhotu and finish him here'. On this, Abhay Singh with intention to kill him fired upon the complainant with his pistol. The complainant sat down in order to save his life and the fire hit in his waist on the right side and when he tried to run away, Ram Singh fired from his pistol which hit him on his right side arm above the elbow and the cartridge hit through and through. Thereafter, one of the three persons also fired a shot which hit him on the right side of the arm and the pellets also hit on the waist and they also hit upon his head. The complainant raised voice to save him, he ran away towards his village while crying and his wife also raised cries but no one came from the village because of fear of the accused. The complainant also stated that he was having a torch in his hands and he has seen the accused from the light of the temple and also from the torch light. The name of the 03 other accused persons were not known but he gave description of them. The complainant further alleged that motive of enmity was that Ajit Singh, Ram Singh, Abhay Singh and their women folk has demolished the watercourse of the complainant and had cultivated the path/rasta and the complainant has filed a complaint in which Ajit Singh was arrested by the police and from his possession, a pistol, a cartridge were recovered and proceedings under Sections 107/151 Cr.P.C. were also initiated. Thus, all the accused conspired to kill the complainant and attacked him. The complainant was taken to the hospital by Ex- Sarpanch namely Hargyan and on the statement of the complainant, the FIR was registered.
3. During the investigation, the police involved 08 persons namely Abhay Singh son of Ram Lal, Prithvi son of
