Criminal Revision No.1024 of 2009 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

Criminal Revision No.1024 of 2009

Date of Decision: 8 - 5 - 2009

Sher Singh

.....Petitioner

v.

State of Haryana

.....Respondent

CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA

***

Present:

Mr.S.S.Bains, Advocate

for the petitioner.

Mr.S.S.Mor, Sr. DAG, Haryana.

***

KANWALJIT SINGH AHLUWALIA, J. (ORAL)

Sher Singh along with Gian Chand were tried in case FIR

No.194 dated 7.5.1998 registered at Police Station Sadar Sirsa under

Sections 323, 324, 326/34 IPC. Gian Chand is stated to have died during

the trial. Petitioner Sher Singh was sentenced by the Court of Judicial

Magistrate Ist Class, Sirsa to undergo rigorous imprisonment for six months

under Section 326 IPC. Petitioner had filed an appeal. The appeal was

decided by the Sessions Judge, Sirsa who found that no offence under

Section 326 IPC is made out and converted the conviction under Section

324 IPC. However, the sentence of six months rigorous imprisonment was

maintained.

Criminal Revision No.1024 of 2009 [2]

Mr.S.S.Bains appearing for the petitioner at the out set has

stated that once the Appellate Court came to conclusion that no offence

under Section 326 IPC was made out, then for a lesser offence under

Section 324 IPC, the Court ought to have awarded lesser sentence.

Vijay Singh had made a statement Ex.PW4/A to Varinder

Singh ASI. In the statement made, it was stated that Vijay Singh was doing

labour work. On 7.5.1998 at about 10.30 A.M., he was going to the house

of his brother Ishwar for taking meal. When he reached in front of the gate

of house of his brother, Sher Singh armed with a kappa and Gian Chand son

of Fateh Chand armed with a lathi came out of their houses and told the

accused that he has to be taught a lesson for making a complaint. On the

reply given by Vijay Singh that he had made no complaint, accused told that

complaint was made by the complainant regarding theft of electricity,

saying so, Sher Singh gave a kappa blow. Vijay Singh complainant raised

his hand and suffered injuries on his fingers. Gian Chand gave a lathi blow

on the waist of complainant Vijay Singh. He fell on the ground. On noise

raised by the complainant, other people were attracted at the spot and the

accused fled away from the spot. FIR was investigated. Report under

Section 173 Cr.P.C. was submitted. Petitioner was charged along with his

co-accused by the Court of Additional Chief Judicial Magistrate, Sirsa on

11.8.1999. In the charge, it was stated that on 7.5.1998 at about 10.30 A.M.

in the area of Bajekan, the petitioner had caused grievous hurt to Vijay

Singh and thereby committed offence under Section 326 read with Section

34 IPC. Similarly charge under Sections 324/34 and 323/34 IPC was also

framed.

Prosecution examined PW-1 Chinna Ram. He stated that when

Criminal Revision No.1024 of 2009 [3]

he arrived at the spot, accused Sher Singh and Gian Chand were causing

injuries to Vijay. In examination-in-chief, he specifically stated as under

“When we reached at the spot, accused after causing injuries had gone to

their house”. PW-2 Sham Lal stated that on hearing noise, when he reached

at the spot, altercation was going on. Sher Singh was armed with kappa and

Gian with a lathi and in their presence Vijay caused injuries. Gurdial Singh

ASI appeared as PW-3 and Virender Singh SI appeared as PW-4.

Prosecution examined Dr.Joginder Singh, Medical Officer, Government

Hospital, Sirsa who appeared as PW-5. He found three injuries on the

person of Vijay Singh. Injury No.3 was complaint of pain on back of chest.

Injuries No.1 and 2 were on the little finger and ring finger respectively.

PW-6 Dr.S.L.Aggarwal