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2022 Supreme(P&H) 2112

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sureshwar Thakur, J.
Ashish Kumar & Anr. – Appellants
Versus
State Of Haryana – Respondent
Cra-S-1571 of 2019
Decided On : 03-08-2022

Advocates appeared:
Mr. H.N.Sahu, Advocate for appellant No. 1. (in CRA-S-1571-2019). Mr. Ajay Chaudhary, Advocate for appellant No. 2. (in CRA-S-1571-2019). Mr. Suresh Kumar Kaushik, Advocate for the appellant (in CRA-S-1681-2019) Mr. Sumit Gupta, Addl. A.G., Haryana.

The main legal point established in the judgment is the importance of probative value in witness testimonies, the validity of identification processes, and the need for consistent and credible evidence to support the charges.

Headnote:

IPC - Criminal Appeal - Sections 307, 323, 506, 452 read with Section 34 - Summary of the acts and sections referenced and discussed by the court: The court discussed the charges drawn against the accused under Sections 307, 323, 506, 452 read with Section 34 of the IPC and the evidence presented by the prosecution witnesses. The key legal provisions of these sections were interpreted in the context of the evidence and testimonies presented, influencing the court's decision to convict or acquit the accused.

Fact of the Case:

The case involved charges under Sections 307, 323, 506, 452 read with Section 34 of the IPC. The prosecution presented evidence through witnesses, and the accused pleaded not guilty, claiming false implication and innocence. The court analyzed the testimonies and evidence to reach a decision.

Finding of the Court:

The court found that the prime prosecution witness provided testimony in concurrence with the genesis of the prosecution case, but certain aspects of the evidence lacked probative vigour. The court also discussed the identification of the accused and the validity of the test identification parade.

Issues: The issues revolved around the credibility of the prosecution witness, the validity of the identification of the accused, and the probative value of the evidence presented.

Ratio Decidendi: The court's decision was influenced by the probative value of the evidence, the credibility of the witness testimonies, and the validity of the identification process. The court also considered the lack of probative vigour in certain aspects of the evidence.

Final Decision: The court dismissed the appeal filed by one of the accused, maintained the verdict of conviction, and modified the sentence based on the period spent in custody. The appeal filed by the other appellants was allowed, quashing the judgment convicting and sentencing them, leading to their acquittal.

JUDGMENT

Sureshwar Thakur, J. - Through a judgment, drawn on 07.3.2019, by the learned Additional Sessions Judge, Hisar, upon Sessions Case No. 18 of 2017, in respect of the charges drawn against the accused under Sections 307, 323, 506, 452 read with Section 34 of the IPC, he proceeded to convict the accused. Moreover, vide a separate sentencing order, drawn on 13.3.2019, the learned trial Court, proceeded to impose the hereinafter extracted sentence(s) of imprisonment, and, also sentences of fine, upon the convictaccused.

Sr. No.

Offence under Section

Imprisonment

Fine

In default of payment of fine

1.

307/34IPC

Rigorous imprisonment for seven years.

Rs. 5,000/-

Further undergo rigorous imprisonment for 1 year.

2.

323/34 IPC

Rigorous imprisonment for one year.

Rs. 1,000/-

Further undergo rigorous imprisonment for 7 days.

3.

452/34 IPC

Rigorous imprisonment for three years.

Rs. 1,000/-

Further undergo rigorous imprisonment for 6 months.

4.

506 IPC

Rigorous imprisonment for three years

Rs. 1,000/-

Further undergo rigorous imprisonment for 6 months.

2. The convicts become aggrieved therefrom, and, through their respectively constituting Criminal Appeals bearing Nos. CRA-S-1571-2019, and, CRA-S-1681-2019, have strived to seek annulment(s) of the above drawn verdict of conviction, and, also of consequent therewith sentence(s), as became imposed upon them, thereupon, both the criminal appeals are amenable for a common verdict, being made thereons.

3. The genesis of the prosecution case becomes encapsulated in FIR No. 916 of 17.10.2016, lodged at Police Station Sadar, Hisar, and, to which Ex. P-28 is assigned. The appeal FIR is lodged at the instance of one Randhir. The appeal FIR narrates, that on 22.10.2016, a VT from control room, Hisar about the admission of complainant in Aadhar Hospital, Hisar was received, upon which HC Surender went to concerned hospital, and, collected ruqa and MLR but the injured was declared unfit to make the statement. The condition of the injured remained same till 16.10.2016. On 17.10.2016, when the injured was declared fit by the concerned doctor then he got recorded his statement to the police that he is a labourer by occupation and on 11.10.2016, at about 11.30 P.M., when he was sleeping inside his plot then 10/12 persons after entering the plot abused him and started beating him with lathis and dandas. When he raised noise then assailants went away and in those assailants one person was Kalia son of Dharampal and names of other persons he does not know. The assailants had come to his plot on the motor cycles. In the morning his wife, younger brother and son admitted him in the hospital. Upon his statement, formal FIR under Sections 147, 149, 323, 452, 506 IPC was registered. During investigation injury No. 4 on the person of injured was declared dangerous to life whereupon offence under Section 307 IPC was added. In the further investigation, person named by the complainant was arrested, and, he suffered disclosure statement, whereupon offence under Section 147, 149 IPC were deleted, and, Section 34 IPC was added.

4. After the lodging of the appeal FIR, the police machinery became galvanized, and, after the investigating officer concerned, causing the arrest of the accused concerned, and, subsequently his completing the investigations into the petition FIR, he proceeded to institute a report under Section 173 of the Cr.P.C., before the learned Committal Court.

5. The Committal Court, given the offences, as carried in the appeal FIR, being exclusively triable by the learned Sessions Judge concerned, proceeded to, through a committal order, drawn on 29.3.2017, hence commit the accused to face trial before the learned Additional Sessions Judge, Hisar.

6. The learned Additional Sessions Judge, Hisar, on receiving the appeal FIR, after it

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