Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 1304

IN THE HIGH COURT OF PUNJAB AND HARYANA
KULDEEP TIWARI, J.
Vicky @ Bullet - Appellant
Versus
State of Punjab - Respondent
CRA-S No. 4316-SB of 2014
Decided On : 05-11-2024

Advocates Appeared:
For the Appearing Parties : Mr. Nandan Jindal Adv. , Mr. Tushar Sabherwal Adv. , Mr. Raghav Garg AAG, Punjab , Mr. Abhinandan Jindal Adv.

The court upheld the conviction for attempted murder but reduced the sentence to the period already served, considering mitigating circumstances and a compromise between the parties.

Headnote:(A) Indian Penal Code, 1860 - Sections 307, 326, 323, 324, 427 - Conviction for attempted murder and other offences - Appellant convicted and sentenced to 7 years RI and fine of Rs. 7,000/- for attempted murder; concurrent sentence for destruction of property - Conviction based on eyewitness testimony and medical evidence, despite one injured not testifying - Appeal filed on grounds of insufficient evidence and subsequent compromise between parties. (Paras 1, 9, 10, 12)

(B) Criminal Procedure - Appeal - Court's discretion in sentencing - Court considers mitigating circumstances and the fact that the appellant has already served over 2 years in jail, leading to a reduction of sentence to the period already undergone. (Paras 10, 12)

Facts of the case:
The appellant was convicted for attacking two individuals with weapons, resulting in grievous injuries. The incident occurred on 5.8.2011, and the FIR was registered based on the statement of one of the injured. The appellant was tried alongside two co-accused, one of whom was murdered during the trial, and the other acquitted. (Paras 1, 2, 3)

Findings of Court:
The court upheld the conviction but found that the sentence required modification due to the appellant's incarceration and the amicable settlement between the parties. (Paras 10, 12)

Issues: The main issues included the sufficiency of evidence against the appellant and the impact of the compromise between the parties on sentencing. (Paras 9, 10)

Ratio Decidendi: The court ruled that the conviction was justified based on the evidence presented, but the sentence should be reduced in light of the appellant's time served and the changed circumstances, emphasizing a balance between deterrence and reformative justice. (Paras 10, 12)

Result: Appeal partly allowed; sentence reduced to the period already undergone.

JUDGMENT :

Mr. Kuldeep Tiwari, J.:- The instant statutory appeal has been directed against the judgment of conviction dated 15.9.2014 and the order of sentence of even date passed by the learned Additional Sessions Judge, Sangrur, in case FIR No. 298 dated 6.8.2011, under Sections 307/326/323/324/427/34 IPC, Police Station City Sangrur, whereby, the appellant was convicted for an offence punishable under Section 307 IPC and sentenced to undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs.7,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of 6 months and was also convicted for an offence punishable under Section 427 IPC and sentenced to undergo rigorous imprisonment for a period of one year. Both the sentences were ordered to run concurrently.

2. The prosecution agency was set into motion upon receipt of a medical ruqa on dated 5.8.2011 regarding admission of one Sanjiv Kumar and Pardeep Kumar in an injured condition. In response to the ruqa, SI Sukhpal Singh alongwith other police officials reached at Civil Hospital, Sangrur to record the statements of injured, whereupon Pardeep Kumar @ Kali (present complainant) suffered a statement, which became bedrock of the present FIR. The relevant extract of the statement reads as under:-

“On 5.8.2011 at about 9.30 P.M he alongwith his brother Sanjiv Kumar were going to fountain Chowk, Patiala Gate, Sangrur in car bearing no.PB-13 Y (T) 7034. They were searching for a kiosk for purchase of cigarette. They had just stopped when Bullat alias Vicky alongwith his brother Ram Singh armed with kirpan, Hardeep Singh alias Rimpi son of Gugani armed with kirches alongwith 10-12 unidentified boys armed with kirches and lathies came there. They attacked them with their weapons. They were taken out of the car, Bullat alias Vicky gave kirch blow on the head of Sanjiv Kumar with intention to kill him. Thereafier Ram Singh had given Kirpan blow towards Sanjiv Kumar with intention to kill him and Sanjiv Kumar had fallen on the ground. When he was lying Hardeep Singh alias Rimpi gave kick blow on the back side of head of Sanjiv Kuamr. On his raising alarm Vicky alias Bullat gave a kirch blow on his arm. All the accused gave kick blows and inflicted injuries with their respective weapons to Sanjiv Kumar while raising Lalkara that Sanjiv Kumar was proclaiming as “Badmash” of the Basti, so he should not be left alive on that day. When he came jorward to save Sanjiv Kumar, then Bullat alias Vicky gave the blow with reverse side of Kirpan on his left shoulder. He also fell down. While lying down, he was given blow with Kirpan on the left upper side of ribs. Ram Singh also gave blow with reverse side of kirpan on his left shoulder. He also fell down. While lying down, he was given blow with kirpan on the left upper side of ribs. Ram Singh also gave blow with reverse side of Kirpan on left side of his neck. He became unconscious. All the accused gave kick blows to him. They raised the alarm but all the accused gave continuous beating to them with intention to kill them. When they saw that he and Sanjiv Kumar became unconscious then all the accused fled away from the spot alongwith their respective weapons after beating them. They were shified to Civil Hospital, Sangrur by Vicky and Ravi Chawla who suddenly reached at the spot. Accused had also got broken the mirror of their car. The motive behind the occurrence was that accused had a grudge with Sanjiv Kumar.”

3. The FIR (supra) was registered initially under Sections 326, 323, 427 and 324 read with Section 34 IPC. After the completion of the investigation, only three persons i.e. Vicky @ Bullet (present appellant), Ram Singh and Hardeep Singh @ Rimpi were put to trial and all other accused were declared as innocent. During the pendency of the trial, accused Ram Singh was murdered on dated 3.7.2012, whereas, the other co-accused Hardeep Singh @ Rimpi was declared as a proclaimed offender on da

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