DHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence of the High Court of Punjab and Haryana at Chandigarh dated 30th of April, 2008, wherein the High Court confirmed the judgment of the Trial Court dated 17th of May 1999, punishing the appellant in accordance with law by awarding him sentence of rigorous imprisonment for a period of one year for the offence under Section 148 Indian Penal Code (hereinafter referred to as 'IPC'), rigorous imprisonment of two years and fine in the sum of Rs. 1000/- for the offence under Section 452 IPC and rigorous imprisonment for a period of six month for the offence under Section 323 IPC and life imprisonment and fine of Rs. 2000/- for the offence under Section 302 IPC and also awarded punishments in default of payment of fines for these offences.

(2.) We may refer to the facts of the case giving rise to the present appeal. On 15.07.1997, Head Constable, Ram Rattan (PW 8) was performing his petrol duty at Sohna Road, Palwal, when at about 5 PM he received intimation (Ex.PE) from Government Hospital, Palwal that three persons, namely, Shiv Ram, Bimla and Jai Kishan were lying injured in the casualty ward of the said hospital. Upon receiving this information he reached the hospital and met Dr. B.L. Chimpa (PW-1) and asked him whether the injured were in a fit state to make statements. After the doctor declared the injured fit to make statement at about 6.20 PM vide medical opinion Ex.PE/1, he recorded the statement of Shiv Ram being Ex. PF. In his statement, Shiv Ram stated that he had a dispute with his brother Khem Chand over a residential house. Though, Khem Chand only had a share in the property but he had maintained his residence in the entire house. At about 2.00 PM, on the date of occurrence, his wife Omkali (PW 3) and daughters, Bimla (PW 4) and Rachna were present in the house and at that time the accused Khem Chand, Jai Kishan, Jai Parkash, Jagdish, Jai Bhagwan, sons of Khem Chand, his wife Raj Bala alongwith Dhan Singh, Devinder and Rajakali, entered their house and opened attack upon him and on his family members. Accused Dhan Singh was holding an Iron Rod and he inflicted a blow with the same on the head and left ear of Shiv Ram. Accused Jai Kishan gave lathi blows on his back and accused Jai Parkash also inflicted a lathi blow on fingers of his right hand. Lathi blows were also given by Khem Chand and Rajkali on his hips and other parts of the body. Injuries were also inflicted by lathi blows on Bimla, who was later examined as PW 4. The injured persons raised hue and cry and people from nearby started gathering, but by that time, the accused persons ran away from the spot and while leaving, they also threatened the injured persons that they would kill them on the next available opportunity. After collecting the medico-legal reports of Shiv Ram, his wife Omkali and daughter Bimla, the Investigating Officer also took the endorsement and signatures of Omkali and Bimla on the statement of Shiv Ram being Ex. PF/1. On the basis of this statement, FIR No. 573 under Section 148, 452, 323 and 506 read with Section 149 IPC was registered at about 6.15 PM on 15.07.1997 at Police Station City, Palwal by Virender Singh, ASI (PW2). The FIR was exhibited as PF/2.

(3.) The accused persons had caused injuries on the body of the deceased as well as the injured by blunt weapons. Shiv Ram was kept under observance in the hospital. The Investigating Officer prepared the rough site plan of the place of occurrence and recorded the statement of witnesses under Section 161 of the Criminal Procedure Code (hereinafter refer to as 'Cr.PC'.) and the accused persons were taken into custody. However, in the meanwhile, the condition of Shiv Ram became serious and he was referred to Safdarjung Hospital, New Delhi, where he ultimately expired on 22nd of July, 1997 at about 7:30 AM. ASI Sri Niwas (PW 11), who was then posted in Police Post, Safdarjung Hospital, New Delhi, conducted the inquest proceedings vide Ex. PJ. Thereafter, the body was sent for post-mortem, which was conducted by Dr. Chandra Kant (PW 5) on 23rd July, 1997. After the death of Shiv Ram, his son Praveen Kumar gave information at Police Station City, Palwal about his death and Head Constable Jagdish Chand (PW 7) converted the case into one under Section 302 IPC and a special report Ex.PK was sent to the Area Magistrate. After the case was registered under Section 302, the investigation of the case was taken over from Head Constable by SI/SHO Puran Chand, PW 9 and all the accused except Dhan Singh were re-arrested. Then the Investigating Officer recorded the statement of various witnesses. The disclosure statements Ex.PM to Ex.PU were also made by accused persons, which led to the recoveries of 7 lathis and 2 dandas and seizure memo Ex. PV was prepared. After completion of the investigation, the chargsheet was filed under Sections 148, 149, 323, 506, 452 and 302 IPC. Since an offence under Section 302 IPC is triable exclusively by the Court of Sessions, the case was committed to that court. All the nine accused were then chargsheeted. Accused Dhan Singh was declared as a proclaimed offender. He was taken into custody on 18.12.1997. Whereafter the supplementary challan was filed in the Court and both these cases, having arisen out of the same incident, were clubbed together for trial. Upon completion of prosecution evidence, the statement of the accused under Section 313 of Cr.P.C. was recorded. All the accused declined to lead any evidence in their defence. The learned Sessions Judge, by a detailed judgment dated 17th of May 1999, recorded a finding that the head injury, which has been attributed to accused Dhan Singh, was found sufficient to cause death of Shiv Ram and his case falls under clause 'thirdly' of Section 300 IPC. The Trial Court recorded its findings on the question of guilt as follows: