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2019 Supreme(P&H) 951
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Rajiv Sharma, Harinder Singh Sidhu, JJ.
Naveen and Others – Appellants
Versus
State of Haryana – Respondent
Criminal Appeal (S) No. 1876 of 2013
Decided On : 03-09-2019
Advocate Appeared:
Ramesh Hooda, Shubhra Singh.
The central legal point established in the judgment is the interpretation of injuries, the principle of joint liability under Section 34 of the IPC, and the consideration of the appellants' age and previous criminal record in sentencing.
Headnote:
IPC - Offences against Person - Section 323, 324, 34 - Summary of Acts and Sections: The court discussed the offenses punishable under Sections 323, 324 read with Section 34 of the Indian Penal Code (IPC). The key legal provisions highlighted were the definitions and punishments for causing hurt and voluntarily causing hurt using dangerous weapons, and the principle of joint liability under Section 34. The court's decision was influenced by the interpretation of the injuries caused, the role of each appellant, and their previous criminal record.
Fact of the Case:
The case involved a fight resulting in injuries to the victims, leading to the appellants being charged and tried for offenses under the IPC. The prosecution presented medical evidence and witness testimonies to prove the case.
Finding of the Court:
The court found that the appellants Parveen and Naveen had caused injuries to the victims, leading to their conviction. However, appellant Sumitra was acquitted of the charges. The court also considered the age of the appellants and reduced their sentences.
Issues: The main issues revolved around proving the case against the appellants, the nature of injuries, and the role of each appellant in the incident.
Ratio Decidendi: The court's decision was based on the evidence of injuries, witness testimonies, and the appellants' previous criminal record. The reduction of sentences was influenced by the Probation of Offenders Act, 1958.
Final Decision: The appeal was partly allowed, acquitting appellant Sumitra and reducing the sentences of appellants Parveen and Naveen. The Probation Officer/Welfare Officer was directed to file a report within one month to consider the appellants' antecedents and past conduct.
JUDGMENT :
Rajiv Sharma, J.
1. This appeal has been instituted against the judgment and order dated 10.05.2013 and 15.05.2013 rendered by the Additional Sessions Judge, (Exclusive Court), Jhajjar in Sessions case no. 68 of 2009/2013 (RBT) whereby the appellants were charged with and tried for offences punishable under Sections 323, 324 read with Section 34 of the Indian Penal Code (in short ‘IPC’). The appellants were convicted and sentenced as under:-
| (i) | To undergo rigorous imprisonment for six months and to pay a fine of Rs. 500/- each, for the commission of offence under Section 323/34 IPC and in default of payment of fine to undergo simple imprisonment for one month. |
| (ii) | To undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/- each, for the commission of offence under Section 324/34 IPC and in default of payment of fine to undergo further simple imprisonment for two months. |
Both the sentences were ordered to run concurrently.
2. The case of the prosecution in a nutshell is that on 20.05.2009 a medical ruqa and MLR were received in police station regarding hospitalization of Vikas son of Balle Ram, Balle Ram son of Mam Chand and Roshan Lal son of Mam Chand due to injuries suffered in a fight. A formal FIR Ex.P4 was registered by ASI Dharambir. Investigation was carried out. The Medical Officer found five injuries on the person of Vikas. Injury no. 1 was opined to have been caused by sharp edged weapon. Injuries nos. 2 to 5 were opined to have been caused by blunt weapon. Two injuries were noticed by the Medical Officer on the person of Balle Ram. These were caused by blunt weapon. A cross rapat was also registered against the complainant side. Roshan Lal died in PGIMS, Rohtak, on 31.05.2009. Thereafter, the charge was altered from Section 308 IPC to Section 304 IPC against the complainant. Challan was put up after completing all the codal formalities.
3. Prosecution examined a number of witnesses. The statements of accused were also recorded under Section 313 Cr.P.C. They have denied the case of the prosecution. The appellants were convicted and sentenced as noticed hereinabove. Hence this appeal.
4. Learned counsel appearing for the appellants has vehemently argued that the prosecution has failed to prove the case against the appellants.
5. Learned counsel appearing on behalf of the State has supported the prosecution case.
6. We have heard learned counsel for the parties and have gone through the judgment and record very carefully.
7. PW-1 Dr. Yogender Kumar had medico legally examined Vikas. He noticed following injuries on his person:-
"1. An incised wound size 2 x 2 mm x 1 mm on frontal bone of skull. Bleeding was present. Advised X-ray skull. Kind of weapon was sharp.
2. Lacerated wound on right parietal bone size 2 x 2 mm, skin deep. Bleeding was present. Complaining of pain. Advised X-ray skull. AP/Lateral view. Weapon used was blunt.
3. A bruise size 2 cm x 3 cm on right scapula. Complaining of pain. Nature of injury was simple. Weapon used was blunt.
4. A bruise size 1 cm x 1 cm on right knee joint. Complaining of pain. Nature of injury simple. Weapon blunt.
5. An abrasion on left index finger base on dorsum, size cm x cm. Complaining of pain. Nature of injury was simple. Weapon used was blunt."
Injury no. 1 was caused by sharp edged weapon. Injuries nos. 2 to 5 were caused by blunt weapon. Balle Ram was also medico legally examined by PW-1 Dr. Yogender Kumar. He noticed the following injuries on his person:-
"1. An abrasion 2 x 1 in size on dorsum of left hand. Skin sloughed off. Bleeding present. Complaining of severe pain. Advised X-ray left hand palm. A/P Lateral view.
2. Dislodgement of lower incisor tooth. Bleeding present. Complaining of pain. Advised Dental Surgeon's opinion. Kind of weapon used was blunt."
Both injuries were caused by blunt weapon.
8. PW-3 Dalel S
