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2020 Supreme(P&H) 932
IN THE HIGH COURT OF PUNJAB AND HARYANA
Rajiv Sharma, Harinder Singh Sidhu, JJ.
Nasim - Appellant
Versus
State Of Haryana - Respondent
CRA-S-3930-SB-2017 (O&M)
Decided On : 20-01-2020
Mr. Vinod Ghai, Senior Advocate with Mr. Deepanshu Mehta, Advocate for appellants in CRA-S-3930-SB-2017 and CRA-S-4198-SB-2017; Mr. Sanjeev Kumar Bawa, Advocate for Appellant/appellant in CRR-213-2018 and CRA-AD-346-2019.Mr. G.S.Wasu, Addl. AG, Haryana
The main legal point established in the judgment is the reliance on witness testimony and medical evidence to establish the culpability of the accused for causing injuries, along with the application of appropriate legal provisions under the IPC.
Headnote:
Injuries - Indian Penal Code - Sections 148, 149, 323, 325, 307, 506 - The court found that the injuries inflicted on the complainant and his family members were caused by the accused, leading to convictions under Sections 325 and 323 of the IPC. The court also altered the conviction of one appellant from Section 307 to Section 308 of the IPC, reducing the sentence accordingly.
Fact of the Case:
The prosecution alleged that the accused assaulted the complainant and his family members, resulting in injuries. The accused were convicted and sentenced, while some were acquitted. The prosecution's case was supported by witness testimony and medical evidence.
Finding of the Court:
The court found the prosecution's evidence credible and upheld the convictions of the accused for causing injuries. The court also altered the conviction of one appellant from Section 307 to Section 308 of the IPC, reducing the sentence accordingly.
Issues: The main issues revolved around the credibility of the prosecution's evidence, the nature of the injuries inflicted, and the appropriate legal provisions to be applied to the accused.
Ratio Decidendi: The court relied on the witness testimony and medical evidence to establish the culpability of the accused for causing injuries. The court also considered the legal provisions under the IPC to determine the appropriate charges and sentences for the accused.
Final Decision: The court upheld the convictions of the accused for causing injuries, while altering the conviction of one appellant from Section 307 to Section 308 of the IPC and reducing the sentence accordingly. The court also dismissed the appeal filed by the complainant.
JUDGMENT
Harinder Singh Sidhu, J. - This order shall dispose of the afore mentioned four cases.
2. Criminal Appeal No.S-3930-SB of 2017 (filed by Nasim) and Criminal Appeal No.S-4198-SB of 2017 (filed by Saddiq and Javed) have been filed by the appellants against their conviction and sentence vide judgment and order dated 26/28.10.2017 of the learned Additional Sessions Judge, Mewat at Nuh in Sessions case No.756 of 2016 whereby they were charged with and tried for offences punishable under Sections 148, 149, 323, 325, 307 and 506 of the Indian Penal Code (in short 'IPC') along with Shakeel, Nayyer and Jahul. The appellants were convicted and sentenced as under:-
| Name of Convict-Appellant | Under Sections | Sentence | In default of fine |
| Nasim | 307 IPC | RI for 07 years and to pay fine of Rs. 10,000/- | To undergo SI for 06 months |
|
| 323 IPC | R1 for 06 months |
|
| Javed | 325 IPC | R1 for 01 year and to pay fine of Rs.1000/- | To undergo SI for 01 month |
|
| 323 | R1 for 06 months |
|
| Saddiq | 323 IPC | R1 for 06 months and to pay fine of Rs.500/- | To undergo SI for 07 days |
The sentences were ordered to run concurrently. Shakeel, Nayyar and Jahul were acquitted.
3. Criminal Revision No.213 of 2018 has been filed by the complainant- Sahid for enhancement of sentence of the convicts, while Criminal Appeal No.AD-346 of 2019 has been filed challenging the acquittal of Shakeel, Nayyar and Jahul.
4. The case of the prosecution in a nutshell is that Sahid son of Jumma Khan got his statement recorded before the police on 25.03.2015 wherein he stated that he is a resident of village Beewan, Police Station Ferozepur Jhirka and runs a 'tyre repair' shop. His sister Asmina is married with Shamim son of Nasruddin. There was matrimonial discord between her and her husband. About seven days prior to the present incident the accused had destroyed the wheat crop of the complainant with a tractor due to which some altercation had taken place between them. On 25.03.2015, all the accused came to his shop on a tractor and started assaulting him. Naseem hit the complainant on his head with an iron rod while Javed hit him with a lathi near the right ear. Jahul hit him with a stone on the waist as a result of which he fell down. Meanwhile, his father and brothers namely Mohamed Hasir, Khurshid Alam and Jumma Khan came there to save him but they too were assaulted by the accused. The complainant and others sustained injuries. The police was informed. Initially, case under Sections 148, 149, 323 and 506 IPC was registered. But on receipt of opinion regarding injuries of Khurshid Alam, offences under Sections 325 and 307 IPC were added. On completion of Investigation challan was presented.
5. The prosecution examined number of witnesses in its support. The statement of the accused under Section 313 Cr.P.C. was recorded. They denied the allegations levelled against them and pleaded innocence. In defence they examined DW1 Hakku and DW2 Sahun.
6. Three of the accused were convicted and three were acquitted of the charges as referred to above.
7. We have heard learned counsel for the parties and have gone through the judgment and record.
8. PW-1 Shahid son of Jumma Khan deposed that on 25.03.2015 at about 9.30 am he was present at his tyre puncture shop. Naseem, Nayyar, Javed, Jahul sons of Nasrudeen, Saddiq son of Chaw Khan and Sakil son of Saddiq came to his shop armed with lathis, iron rod, danda etc. Naseem gave an iron rod blow on his head. Javed gave a lathi blow near his right ear. Jahul gave a stone blow on his back. He fell down on the ground. On hearing the noise his family members Jumma, Khurshid Allam and Hasir also reached at the spot. They were also given injuries by the accused. Naseem inflicted blow
