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2015 Supreme(P&H) 2311
IN THE HIGH COURT OF PUNJAB AND HARYANA
JITENDRA CHAUHAN, J.
Albel Singh and Others - Appellant
Vs.
State of Punjab - Respondent
CRA-S-833-SB of 2003 (OandM)
Decided On : 01-09-2015
For the Appellant : Daldeep Singh and A.K. Walia
For the Respondent: Mehardeep Singh
Headnote:
Delay in lodging FIR - Grievous Hurt - Section 308 IPC - Section 325 IPC - Section 323 IPC - [Sections 308, 325, 323 IPC] - The court discussed the nature of injuries, the legal definitions of 'grievous hurt' and 'culpable homicide', and relevant case law to determine the appropriate charges. The court found that the injuries did not indicate an intention to cause death, leading to a conviction under Section 325/326/323/149 IPC instead of Section 308 IPC. The court also considered the period of custody undergone by the appellants and their previous criminal record in modifying/reducing the sentences.
Fact of the Case:
The case involved an incident where the appellants inflicted injuries on the complainant over a land dispute, leading to their conviction under various sections of the IPC.
Finding of the Court:
The court found that the injuries did not indicate an intention to cause death, leading to a conviction under Section 325/326/323/149 IPC instead of Section 308 IPC. The court also modified/reduced the sentences based on the period of custody undergone by the appellants and their previous criminal record.
Issues: Delay in lodging FIR, nature of injuries, appropriate charges, modification/reduction of sentences
Ratio Decidendi: The injuries did not indicate an intention to cause death, leading to a conviction under Section 325/326/323/149 IPC instead of Section 308 IPC. The court also considered the period of custody undergone by the appellants and their previous criminal record in modifying/reducing the sentences.
Final Decision: The appeal of appellants Albel Singh, Balkaur Singh, Dalip Singh, Zora Singh, and Babu Singh was dismissed on merits with modified/reduced sentences. The appeal of appellant Jugraj Singh was dismissed, and he was directed to surrender to undergo the remaining part of the sentence.
Jitendra Chauhan, J.
This appeal is directed against the judgment of conviction and the order of sentence dated 07.04.2003, passed by the learned Additional Sessions Judge, Faridkot whereby the appellants were ordered to undergo rigorous imprisonment as follows:-
| Name of convict | Offence | Imprisonment | Fine | Indefault of payment of fine |
| Jugraj Singh | U/S 308 IPC U/S 325 IPC U/S 323 IPC | RI 6 years RI 4 years RI 6 months | Rs. 1000/- Rs. 800/- Rs. 500/- | Six months RI Four months RI One month RI |
| Albel Singh, Balkar Singh @ Kaur | U/S 308/149 IPC U/S 325/149 IPC U/S 323 IPC | RI 6 years RI 4 years RI 6 months | Rs. 1000/- Rs. 800/- Rs. 500/- | Six months RI Four months RI One month RI |
| Dalip Singh, Zora Singh, and Babu Singh | U/S 308/149 IPC U/S 325/149 IPC U/S 323/149 IPC | RI 6 years RI 4 years RI 6 months | Rs. 1000/- Rs. 800/- Rs. 500/- | Six months RI Four months RI One month RI |
2. Brief facts of the case is that an FIR No. 61 under Sections 308/325/333/148/149 IPC was registered at Police Station City (Kotwali) Faridkot on 29.07.1997 which took place on 23.07.1997 at about 9.00 AM. As per the allegations, the complainant/injured Jagroop Singh @ Jupa (PW-7) was having some land dispute with Gurmel Singh @ Gela and the matter was pending before the Court of Commissioner, Faridkot. On 23.07.1997, the date fixed for appearance in the said case, the complainant/injured Jagroop Singh @ Jupa (PW-7) at around 9.00 AM was going along with Darshan Singh (PW-8) and was sitting on the carrier of the bicycle, which was being peddled by Darshan Singh. When they reached near the house of Preetwallian Di Kothi, a Jeep and Maruti Car were seen parked facing towards the city and on seeing the complainant and Darshan Singh above said, the accused Gurmail Singh @ Gela (PO), Albel Singh @ Labela (appellant No. 1), Jagraj Singh @ Gaji (appellant No. 6) and Balkaur Singh @ Kaura (appellant No. 2), all armed with 'Sottas' and Dalip Singh (appellant No. 3 now deceased), Babu Singh (appellant No. 4) and Zora Singh (appellant No. 5), all empty handed, came out of these vehicles. Dalip Singh gave Lalkara, upon which Jagraj Singh @ Gaji gave Sotta blow hitting the complainant on the left leg below the knee. Gurmail Singh @ Gela gave one Sotta blow below the knee on the right leg. Upon which the complainant fell-down. While lying on the ground, the complainant raised both arms and Albel Singh gave two Sotta blows on the right hand of the complainant. Thereafter, Gurmail Singh @ Gela gave a Sotta blow on the left hand of the complainant and Jagraj Singh @ Gaji gave a Sotta blow on the right wrist of the complainant. When Darshan Singh (PW-8) tried to save the complainant/injured, Dalip Singh, Babu Singh and Zora Singh, who were empty handed used force to desist Darshan Singh in coming to the rescue of the complainant/injured. Thereafter, Balkaur Singh @ Kaura inflicted two blows of Sotta on the right buttock and left side of the back of the complainant, Gurmail Singh @ Gela gave a Sotta blow on the left arm while Jagraj Singh gave a Sotta blow on the left shoulder and Albel Singh gave a Sotta blow hitting on the left thigh of the complainant. On raising Raula, hearing the commotion, Neela Singh (PW-4) arrived at the spot and he along with Darshan Singh took the complainant/injured to GGS Medical College and Hospital, Faridkot, where he was admitted for treatment.
3. After completion of investigation, the accused-appellants were sent for trial. Out of the seven persons, named as accused, only six persons faced trial i.e. Albel Singh @ Labela appellant No. 1, Balkaur Singh @ Kaura appellant No. 2, Dalip Singh appellant No. 3, Babu Singh appellant No. 4, Zora Singh appellant No. 5 and Jagraj Singh appellant No. 6. whereas, the seventh accused Gurmail Singh @ Gela absconded and was declared Proclai
