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2018 Supreme(P&H) 4347
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Surinder Gupta, J.
Vinay Kumar - Appellant
Versus
State Of Haryana - Respondent
Criminal Appeal No. S-24-SB of 2005 (O&M)
Decided On : 26-11-2018
Aman Pal and Vikram Punia, Advocates, for the Appellants in CRA-S-24-SB-2005; Rajesh Lamba, Advocate, for the Appellant in CRA-S-135-SB-2005; Bipin Ghai Sr. Advocate with Deepanshu Mehta, Advocate, for the Appellants in CRA-S-137-SB-2005; Amrik Narwal, D.A.G. Haryana, for the Respondents; S.R. Hooda, Advocate, for the Complainant in all the appeals and for petitioner in CRR-393-2005
The main legal point established in the judgment is the importance of weighing the quality of evidence and not insisting on the quantity of witnesses in reaching a decision.
Headnote:
Indian Penal Code - Offence under Section 307 read with Section 149 IPC - Summary of Acts and Sections: The court discussed the plea of alibi raised by the accused and the reliability of the testimony of the sole witness. The judgment acquitted some of the accused based on the lack of evidence and upheld the conviction of others based on the reliable testimony of the injured party. The court also considered the delay in reporting the incident and the motive of the accused to eliminate the complainant. The judgment highlighted the importance of weighing the quality of evidence and not insisting on the quantity of witnesses.
Fact of the Case:
The case involved the conviction of the appellants for the offence punishable under Section 307 read with Section 149 of the Indian Penal Code. The prosecution's case was based on the statement of the injured party, who alleged that the appellants had fired shots at him, causing serious injuries. The accused raised a plea of alibi and claimed false implication.
Finding of the Court:
The court found that the testimony of the injured party was reliable and upheld the conviction of some of the accused based on the evidence presented. The court also acquitted others based on the lack of evidence and the unreliable nature of the testimony. The court considered the delay in reporting the incident and the motive of the accused to eliminate the complainant.
Issues: The issues in the case included the reliability of the testimony of the injured party, the plea of alibi raised by the accused, the delay in reporting the incident, and the motive of the accused to eliminate the complainant.
Ratio Decidendi: The court emphasized the importance of weighing the quality of evidence and not insisting on the quantity of witnesses. The court also considered the reliability of the testimony of the injured party and the lack of evidence to support the conviction of some of the accused.
Final Decision: The court acquitted some of the accused based on the lack of evidence and upheld the conviction of others based on the reliable testimony of the injured party. The court also considered the delay in reporting the incident and the motive of the accused to eliminate the complainant.
JUDGMENT
Surinder Gupta, J. - All the aforementioned appeals/revision have been taken up together for disposal as the same arise out of common judgment dated 07.12.2004 passed by learned Additional Sessions Judge, Sonepat, convicting the appellants for the offence punishable under Section 307 read with Section 149 of Indian Penal Code (for short-IPC) and sentencing them vide order on quantum of sentence dated 14.12.2004, as follows:-
| S. No. | Name of convict | Under Section | Sentence |
| 1 | Jasmer, Anil and Ramesh | 307 read with 149 IPC | Rigorous imprisonment for a period of Seven years and to pay fine of Rs. 5000/- each and in default of payment of fine, to further undergo simple imprisonment for a period of three months each. |
| 2 | Vinay Kumar @ Meenu and Navin | 307 read with 149 IPC | Rigorous imprisonment for a period of Three years and to pay fine of Rs. 2000/- each and in default of payment of fine, to further undergo simple imprisonment for a period of one month each. |
2. Brief fact of the prosecution case are that FIR was registered on the statement (Ex.PH) of Ram Tirath @ Rishipal son of Satbir Singh, wherein he stated that he is an agriculturist. About 5 months before the incident, Umed son of Bhagwana and his 7 other family members had murdered Shamsher son of Kedar Singh, his uncle and all the 8 were in jail for this offence. Satpal son of Kedar Singh, who is posted as Patwari at Kharkhoda, was witness of the crime. On 25.10.2001, Satpal was going for his duty via village Jharothi. Complainant Ram Tirath was accompanying him. At about 8.00 a.m., when he and Satpal reached near the minor (irrigation canal), a Maruti car bearing No. HR-20D-3736 driven by Meenu son of Narain came from behind and stopped near them. Navin son of Rajinder was sitting on front seat with driver while on the rear seat, Jasmer son of Hawa Singh, Ramesh son of Tara Chand and Anil were sitting. All the five gave Lalkara to teach a lesson to Satpal to become a witness and they alighted from the car. Jasmer, Ramesh and Anil were having some pistol type weapons in their hands and they started firing at them. Complainant out of fear ran towards his village and was followed by Navin and Meenu. When the distance between the complainant and Navin and Meenu increased, both stopped following him with warning that he had saved himself on that day but will be killed as and when they got chance. Complainant reached his house, took his car and along with Samunder Singh son of Kedar Singh reached the spot. Satpal was found lying on the ground unconscious and was bleeding profusely. Maruti car was lying parked nearby. Satpal was taken to G.D. Sharma Hospital, Sonepat and got admitted there for treatment. On statement of complainant recorded by Killa Singh ASI, ruqa Ex.PH/1 was sent to the police station, whereupon formal FIR Ex.PH/2 was recorded.
3. On medical examination, Dr. G.D. Sharma PW2 found following injuries on the person of Satpal:-
"(1) Left arm wound of entry 8 mm x 8 mm irregular inverted edges. Blackening of skin. 4 cms below and outer aspect of elbow joint. Wound of exit 2 cm x 1.5 cms irregular averted margins. Bleeding.
(2) Left thigh 8 mm x 8 mm wound of entry on the mid level thigh, on the anterior aspect. Wound of exit 1.5 x 2.0 cms on the outer aspect of thigh 8 cms below the wound of entry.
(3) Right scapular area. 8 x 8 mm wound of entry."
4. The injuries were declared dangerous to life because of massive blood loss, leading to shock. In the opinion of doctor, injuries on the person of Satpal were caused by fire-arm. He was operated for by-pass graft and on 05.11.2001 to remove bullet from his right chest and was discharged from hospital on 19.11.2001. MLR (Ex.PC) about his injuries was prepared and information (Ex.PB) was sent to the police. On being declared fit, police recorded the statement of Satpal in
