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IN THE HIGH COURT OF PUNJAB AND HARYANA
Rajiv Sharma, Harinder Singh Sidhu, JJ.
Guddi And Others - Appellant
Versus
State Of Haryana - Respondent
Criminal Appeal No. 67 of 2010
Decided On : 14-08-2020
Indian Penal Code - Conviction for Offences - Summary of Acts and Sections
Fact of the Case:
The case involves a dispute over land, leading to a violent altercation resulting in injuries and the death of one individual. The accused were charged with various offenses under the Indian Penal Code (IPC), including Sections 148, 149, 323, 324, 302, and 452.
Finding of the Court:
The court found that the incident involved a free fight between the parties, with both sides inflicting injuries. The court also noted discrepancies in the prosecution's version of events and concluded that the accused were not acting under Section 149 of the IPC. The court convicted the accused of specific offenses based on the evidence presented.
Issues: The main issues revolved around the initiation of the altercation, the nature of injuries inflicted, and the applicability of Section 149 of the IPC.
Ratio Decidendi: The court determined that the incident was a free fight, leading to the rejection of Section 149 of the IPC. The court also found that the accused were guilty of specific offenses based on the evidence presented.
Final Decision: The court set aside the convictions under various sections of the IPC and convicted the accused for specific offenses, including Section 452 for unlawful entry and Section 304 Part I for culpable homicide not amounting to murder. The court also suspended the sentences of the accused based on time served.
JUDGMENT
Harinder Singh Sidhu, J. - This appeal is instituted against the judgment and order dated 23/24.12.2009 passed by the Additional Sessions Judge-I, Jind in Sessions Case No.27 of 2009, whereby the appellants, who were charged with and tried for offences punishable under Sections 148, 149, 323, 324, 302 and 452 of the Indian Penal Code (in short 'IPC'), have been convicted and sentenced as under:-
Offence U/S Sentence of imprisonment Fine In default of payment of fine to further undergo 302/149 IPC RI for life Rs.10,000/- each RI for one year each 323/149 IPC RI for six months 324/149 IPC RI for one year 452/149 IPC RI for three years Rs.500/- each RI for two months each 148 IPC RI for two years Rs.500/- each RI for two months each
The sentences were ordered to run concurrently.
2. The case of the prosecution in a nutshell is that on 31.07.2008 at about 10. 45 PM, a telephonic message was received at P.S. Uchana from P.S. Sadar Narwana that Raj Kumar son of Mangal, Gurdeep son of Tek Ram and Tek Ram son of Mangal residents of Lodhar were admitted in General Hospital, Narwana in an injured condition. They had also brought the dead body of Pala son of Mangal. After collecting ruqqa of the doctor and MLRs from Police Station Sadar, Narwana ASI Ved Parkash along with other police officials reached General Hospital, Narwana. After obtaining opinion of the doctor regarding fitness of injured Raj Kumar to make statement, his statement Ex. PL was recorded. Raj Kumar stated that he was an agriculturist. They were four brothers. Tek Ram was eldest. Next to him was Pala Ram, then Shish Pal. He (Raj Kumar) was the youngest.
3. About 21/2 to 3 months earlier a decision with regard to land was taken between them and Lichhu Ram son of Jhanda Ram. But Lichhu Ram bore a grudge on account of that decision. The previous day (i.e., 30.07.2008) at about 8.30/ 9.00 PM he along with his brothers Tek Ram, Pala Ram and nephew Gurdeep son of Tek Ram were sitting in the house after taking their meals. Meanwhile Rohtash, Birbhan, Satyawan, Daya Nand, Mahabir sons of Lichhu Ram, Lichhu Ram, Sunil son of Bir Bhan and Guddi wife of Rohtash reached there. Lichhu Ram raised lalkara that we be taught a lesson for claiming right in the land. Thereafter Rohtash armed with Jaili, Lichhu Ram armed with Jaili, Birbhan armed with Gandasa aimed their weapons on Gurdeep. Rohtash gave a jaili blow on the right wrist of Gurdeep, Bhirbhan gave gandasa blow on the right side of stomach of Gurdeep, When the complainant (Raj Kumar) tried to rescue Gurdeep, Satyawan gave a kasola blow on the right side of his head. Mahabir gave a Kasola blow on his right wrist. Then Lichhu Ram gave a jelly blow on his right shoulder. When the complainant's brother Tek Ram tried to rescue him, Bhirbhan gave a jaili blow on the left thumb of Tek Ram. Rohtash gave a jelly blow to Tek Ram on the back of the palm of his left hand. Satyawan gave kasola blow on the left hip of Tek Ram. Then the complainant's brother Pala Ram started rescuing them. Guddi gave a brick blow on the head of Pala Ram. Dayanand, Mahabir and Sunil gave blows on the head, left side of forehead, left temple, right temple and joint of left foot of Pala Ram with their respective lathis and Kasolas. On alarm being raised many people came there. The assailants ran away with their respective weapons. As the injured were being taken to the Civil Hospital, Narwana by Rameshwar (cousin of the complainant). Pala Ram succumbed to his injuries on the way. The others were admitted in Civil Hospital, Narwana. The cause of the grudge was the partition of land because of which Lichhu Ram bore a grudge against the complainants and he caused injuries to the complainant and his brother Tek Ram and his other brother Pala Ram was murdered. He stated that they(complainant side) had also caused injuries in self defence. On this statement FIR Ex PL/2 was registered. Investigation was commenced. Proceedings under Section 174 Cr. P. C. were in
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