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2020 Supreme(P&H) 1397
IN THE HIGH COURT OF PUNJAB AND HARYANA
Rajiv Sharma, Harinder Singh Sidhu, JJ.
Nachhattar Singh - Appellant
Versus
State Of Punjab - Respondent
Criminal Appeal (S) No. 59 of 2007, 621 of 2007; Criminal Revision No. 1457 of 2007
Decided On : 01-10-2020
Raj Kumar Gupta, Advocate, Gurminder Singh Phull, Advocate, H.S. Grewal, Advocate, Kulvir Narwal, Advocate
The judgment emphasizes the importance of authentic and timely medical evidence, as well as the significance of lodging FIR without delay in criminal cases.
Headnote:
Delay in Lodging FIR - Indian Penal Code - Sections 307/324/323/34 - The court found that the delay in lodging the FIR, coupled with inconsistencies and manipulations in the medical reports, raised doubts about the authenticity of the prosecution's case. The accused were acquitted of the charges due to lack of conclusive evidence.
Fact of the Case:
The case involved an incident where the accused were charged with causing injuries to the complainant. The prosecution's case was based on medical reports and witness testimonies.
Finding of the Court:
The court found inconsistencies and manipulations in the medical reports, including a delay in lodging the FIR, which raised doubts about the authenticity of the prosecution's case. As a result, the accused were acquitted of the charges due to lack of conclusive evidence.
Issues: The main issues revolved around the authenticity of the medical reports, the delay in lodging the FIR, and the credibility of witness testimonies.
Ratio Decidendi: The court's decision was influenced by the inconsistencies and manipulations in the medical reports, as well as the delay in lodging the FIR, which cast doubt on the prosecution's case.
Final Decision: The accused were acquitted of the charges due to lack of conclusive evidence.
JUDGMENT
Harinder Singh Sidhu, J. - Since common questions of law and facts are involved in the aforesaid cases these are taken up together and disposed of by a common judgment.
2. Cra-S-59-Sb-2007 has been filed against the judgment and order dated 19.12.2006 passed by the Additional Sessions Judge, Moga in Sessions Case No.RT-37 of 2006, whereby appellant Nachhattar Singh, who was charged with and tried for offence punishable under Sections 307/324/323/34 of the Indian Penal Code (in short 'the IPC'), has been convicted under Section 324 IPC and sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.500/- and in default to further undergo RI for a period of one month. Binder Singh @ Balwinder Singh, Dalip Singh and Gulwant Singh, who were also tried with Nachhattar Singh were acquitted.
3. Cra-D-621-Db-2007 by the State of Punjab and CRR-1457 of 2007 by the complainant have been filed to challenge the acquittal of Binder Singh @ Balwinder Singh, Dalip Singh and Gulwant Singh, as also the acquittal of Nachhattar Singh for the offence under Section 307 IPC.
4. The case of the prosecution in a nutshell is that on 01.06.2002 M.L.R regarding the injuries suffered by Lakhmer Singh and Nachattar Singh was received in the police station. Thereupon, S.I Balbir Singh along with the other police officials went to Civil Hospital, Baghapurana to record the statement of injured. The doctor declared them unfit to make statement. On 03.06.2002 SI Balbir Singh again went to the hospital when injured Lakhmer Singh made the statement to the effect that on 31.05.2003 at about 7.30 PM he was going from the bus stand of village Gholia Khurd to his house. On the way near Patwar Khana Nachattar Singh armed with Gandasa, Binder Singh armed with dang and Dalip Singh armed with dang were standing there. On seeing him Nachattar Singh started abusing him. He asked Nachattar Singh why he was abusing him. Dalip Singh told him that he used to twist his moustaches on seeing him. Accused Nachattar Singh gave a gandasa blow on his head. Binder Singh gave a dang blow on his left elbow. Dalip Singh gave a dang blow on his left arm. On his raising hue and cry Gulwant Singh who was standing nearby raised lalkara that Lakhmer Singh be killed and he would manage everything. Meanwhile Balwinder Singh s/o Hazura Singh and Bager Singh son of Atma Singh came there and saw the accused inflicting injuries on him. After inflicting injuries all the accused persons fled away. The motive behind the occurrence was that Dalip Singh was a mediator in the marriage of the complainant. He wanted that the wife of the complainant should work at his house. The complainant used to stop his wife from going there. Due to this reason the accused in connivance with each other caused injuries to him. Bagher Singh took him to Civil Hospital, Baghapurana after arranging the vehicle.
5. On the basis of the statement FIR was registered under Sections 323/324/34 IPC. Injuries Nos.1,2,3 & 4 were kept under observation. On 04.06.2002 the offence under Section 307 IPC was added.
6. The prosecution examined number of witnesses in its support. The statement of the accused under Section 313 Cr.P.C. was recorded. Balwinder Singh, Dalip Singh and Gulwant Singh denied their presence at the spot and pleaded false implication. Accused Nachhattar Singh stated that on 31.05.2002 at about 6 p.m, he was going on a motorcycle along with Hakam Singh to leave him at his house in village Barewala. When they reached at some distance from his house, Lakhmer Singh armed with Kirpan, Baghar Singh having bottle of liquor, Amar Singh, Daulat Singh and Balwinder Singh were standing there. Lakhmer Singh abused him. When he stopped his motorcycle Lakhmer Singh also raised Lalkara to teach him lesson. Balwinder Singh caught him. Lakhmer Singh gave kirpan blows to him. The others gave him fist blows. He fell down and they dragged him. Then he was taken to Civil Hospital, Baghapurana where h
