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2018 Supreme(P&H) 3457
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
A.B. Chaudhari, Kuldip Singh, JJ.
Harender Pal And Others - Appellant
Versus
State Of Haryana And Another - Respondent
Criminal Appeal No. 499 of 2015
Decided On : 03-10-2018
Vinod Ghai, Adv., Keshav Partap Singh, Adv., Vivek Saini, Adv., S.K. Garg Narwana, Adv., Naveen Gupta, Adv.
The main legal point established in the judgment is the importance of corroborating evidence, especially medical evidence, in criminal cases to prove the guilt of the accused beyond a reasonable doubt.
Headnote:
Conviction - Criminal Law - Sections 148, 149, 307, 302, 506 IPC - Arms Act, 1959 - Summary
Fact of the Case:
The case involved a dispute between two parties, resulting in a violent incident where the complainant's party was allegedly attacked by the accused party, leading to the death of an individual named Neeraj. The accused were convicted and sentenced by the trial court based on the complaint filed by the complainant.
Finding of the Court:
The court found that the medical evidence did not support the version of events provided by the complainant and the eye witnesses. It concluded that the prosecution failed to prove the case against the accused beyond a reasonable doubt. The court acquitted all the accused and ordered the discharge of bail bonds and surety bonds for those on bail, as well as the refund of any paid fines.
Issues: The main issues revolved around the credibility of the complainant's version of events, the motive of the accused, the nature of injuries, and the police investigation.
Ratio Decidendi: The court emphasized that the medical evidence did not corroborate the complainant's version of events, leading to the conclusion that the accused were not involved in the alleged crime. It also highlighted the lack of motive for the accused to commit the crime and the questionable police investigation.
Final Decision: The court allowed the appeal, acquitted all the accused, discharged bail and surety bonds, and ordered the refund of any paid fines.
JUDGMENT
Kuldip Singh, J. - This appeal is directed against judgment of conviction dated 17.3.2015 and order of sentence dated 18.3.2015, passed by learned Additional Sessions Judge-I, Palwal, vide which accused-appellants were convicted and sentenced as under :-
| Name of convicts | Offence | Sentence awarded |
| Harender Pal, Ravinder, Prithi, Bobby alias Pardeep, Rinku, Birpal, Yogender, Bhola | Section 148 IPC | Rigorous Imprisonment for a period of 1 year each and to pay fine of Rs. 1,000/- each and in default of payment of fine, to undergo further imprisonment for 15 days. |
| Harender Pal, Ravinder, Prithi, Bobby alias Pardeep, Rinku, Birpal, Yogender, Bhola | Section 307 IPC read with Section149 IPC | Rigorous Imprisonment for a period of 5 years each and to pay fine of Rs. 5,000/- each and in default of payment of fine, to undergo further imprisonment for 3 months. |
| Harender Pal, Ravinder, Prithi, Bobby alias Pardeep, Rinku, Birpal, Yogender, Bhola | Section 302 IPC read with Section 149 IPC | Rigorous Imprisonment for life each and to pay fine of Rs. 25,000/- each and in default of payment of fine, to undergo further imprisonment for 1 year. |
| Harender Pal, Ravinder, Prithi, Bobby alias Pardeep, Rinku, Birpal, Yogender, Bhola | Section 506 IPC | Rigorous Imprisonment for a period of 6 months each and to pay fine of Rs. 1,000/- each and in default of payment of fine, to undergo further imprisonment for 15 days. |
2. All the sentences were directed to run concurrently.
3. As per first version put forth by Mahavir (complainant) son of Puran Singh in his statement made on 31.3.2009, at 1:10 hrs, before SI Raghubir Singh, Incharge, PP Hathin Gate, Palwal, is that on 30.3.2009, at 10:00 pm, he alongwith his brother Rajender and cousin Rakesh son of Mohan Lal, Mukhtiyar son of Gurdayal and Neeraj son of Rajender were talking while sitting in Bethak (drawing room). At that time, a Tavera car of black colour bearing No. 0003 came there, in which Harenderpal son of Bharat Pal, Ravinder and Prithi sons of Raghuraj Singh, (accused), residents of Kanungo Mohalla, Palwal, were present. 3 motorcycles, on which Bobby alias Pardeep son of Krishan Pal Singh, Rinku son of Prithi, Yoginder alias Bhindi son of Bhanupartap, Bhola son of Deshpal, residents of Kanungo Mohalla, also came out there. Firstly, persons sitting in Tavera car came and said that they will not leave the complainant party and will kill them. At the same time, persons on motorcycles also came and started non stop firing by the weapons having in their hands. One bullet hit on the right side of the waist of Neeraj. They all saved their lives by hiding themselves in the car and here and there. According to Mahavir (complainant), these persons fired gunshots on Neeraj and them with an intention to kill them. All accused were shouting that they will not leave the complainant alive. After that, they fled away. They took Neeraj to Government Hospital, Palwal, for treatment, from where he was referred to B.K. Hospital, Faridabad, by the doctor. However, since Neeraj was serious, he was taken to Escorts Fortis Hospital, Faridabad.
4. As per police proceedings, a telephonic message was received by police on 30.3.2009 that Neeraj son of Rajender, resident of Kanungo Mohalla, Palwal, has been admitted in the hospital due to injuries received by him in a quarrel. On this, ASI Raghubir Singh alongwith police officials came to Government Hospital, Palwal, from where he came to know that injured has been referred to B.K. Hospital, Faridabad. Therefore, he alongwith fellow police officials reached B.K. Hospital, Faridabad, from where they came to know that injured has been admitted in Escorts Fortis Hospital, Faridabad. Thereafter, he alongwith fellow police officials reached Escorts Hospital, where doctor had decl
