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2018 Supreme(P&H) 3657
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Daya Chaudhary, J.
Balwant Dass Alias Bant Dass - Appellant
Versus
State Of Punjab - Respondent
Crl. Appeal No.345-SB of 2006
Decided On : 10-02-2018
Mr. H.R. Nohria, Advocate, for the Appellants; M. Luvinder Sofat, A.A.G., Punjab, for the Respondent
The central legal point established in the judgment is the requirement to prove injuries as dangerous to life for a charge under Section 307 IPC, and the consideration of innocence during investigation in determining the culpability of the accused.
Headnote:
IPC - Criminal Law - Sections 148, 307, 325, 324, 323, 149 - The judgment discusses the application of Sections 307, 325, 324, 323, and 149 of the Indian Penal Code (IPC) in a case involving multiple accused persons convicted for causing injuries. The court analyzed the intention to cause injury, the nature of injuries, and the evidence presented to determine the appropriate charges and sentences.
Fact of the Case:
The appellants were convicted and sentenced for various offenses under IPC Sections 148, 307, 325, 324, 323, and 149. The case involved injuries caused to the complainant, leading to a trial and subsequent appeal by the accused appellants.
Finding of the Court:
The court found that the injuries inflicted did not meet the criteria for a charge under Section 307 IPC, leading to the acquittal of the accused under this section. However, the convictions under other offenses were upheld, except for one appellant who was acquitted due to lack of evidence. The court also reduced the sentences of the appellants based on the period already undergone and awarded compensation to the injured.
Issues: The issues involved the nature and intention of the injuries, delay in lodging the FIR, credibility of witnesses, and the involvement of the accused appellants in the offenses.
Ratio Decidendi: The court's decision was based on the lack of evidence to prove the injuries as dangerous to life, leading to the acquittal under Section 307 IPC. The court also considered the innocence of one appellant during investigation and reduced the sentences of the remaining appellants based on the period already undergone.
Final Decision: The appeal was disposed of with the acquittal of the accused under Section 307 IPC, reduction of sentences for the remaining appellants, and the award of compensation to the injured.
JUDGMENT
Daya Chaudhary, J. - The appellants were accused in case FIR No. 69 dated 15. 05. 2003 registered under Sections 148, 307, 325, 324, 323 and 149 IPC at Police Station Sehna. They faced trial and were convicted and sentenced by the trial Court vide judgment dated 27/28. 01. 2006. The details of their conviction and sentence are reproduced as under :-
| 1 | All the four convicts u/s 148 IPC | R. I for two years and fine of Rs. 200/- each and in default of payment of fine to further undergo RI for two months (each) |
| 2 | Accused Balwant Dass u/s 307 IPC while remaining three convicts u/s 307/149 IPC | R. I for 7 years and fine of Rs. 700/- each, in default of payment of fine to further undergo RI for seven months (each) |
| 3 | Accused Jagtar Dass u/s 307 IPC while remaining three convicts u/s 307/149 IPC | RI for 7 years and fine of Rs. 700/- each and in default of payment of fine to further undergo RI for 7 months (each) |
| 4 | Harbhagwan Dass under Section 325 IPC while his three co-convicts under Section 325/149 IPC | R. I for two years and fine of Rs. 200/- each and in default of payment of fine to undergo further R. I for two months (each). |
| 5 | Balwant Dass convict under Section 324 IPC while other three co-convicts under Section 324/149 IPC | R. I for one year and fine of Rs. One hundred each and in default of payment of fine to further undergo R. I for one month (each). |
| 6 | Harbhagwan Dass convict u/s 323 IPC whereas the other three convicts u/s 323/149 IPC | R. I for six months (each) |
| 7 | All the four convicts also are sentenced under Section 323/149 of IPC for the blows given by Mohinder Dass (since dead) | R. I for six months (each) |
2. All the sentenced were ordered to run concurrently.
3. The trial Court, while exercising the powers under the provisions of Section 357 C. P. C. , awarded compensation of Rs. 20,000/- to injured complainant-Harjit Singh.
4. Initially, the said FIR was registered against five accused, namely, Balwant Dass @ Bant Dass, Harbhagwan Dass @ Bhana, Jagtar Dass @ Jagga, Gurdeep Dass and Mohinder Dass and two were summoned by the Court under Section 319 Cr. P. C. One of the accused, namely, Mohinder Dass died during pendency of the proceedings.
5. The judgment of conviction and order of sentence has been challenged by the accused appellants by raising various grounds.
6. Learned counsel for the appellants submits that no offence under Section 307 IPC is made out as the alleged injuries were caused without having any intention and as per opinion of the doctor, none of the injuries caused to injured Harjit Singh were dangerous to life and as such, there was no reason for the trial Court to convict the accused appellants under Section 307 IPC. Learned counsel also submits that there was an inordinate delay in lodging of the FIR as the matter was reported to the police after due deliberations and consultations to rope in all the family members. The occurrence took place at 9. 30 p. m on 14. 05. 2003 and the FIR, in question, was registered after an inordinate delay which has not been explained. Brother of the injured, namely, Amarjit Singh was an alleged eye-witness to the occurrence but he did not report the matter to the police. It is also the argument of learned counsel for the appellants that the hospital was on the way from the village to Barnala, still the FIR was not registered by his brother Amarjit Singh. The alleged incident was also witnessed by one Shivji Ram but he was not examined to corroborate the prosecution version and no explanation, whatsoever, has been given. The statement of the witness, who was closely related, was relied upon by the trial Court and there was no independent testimony to corroborate the testimony of the official witnesses and to support the case of the prosecution.
