SATBIR @ LAKHA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The second accused is the appellant before us. The challenge is to the common judgment of the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal Nos.488-SB/1995 and 580-SB/1995 dated 30.04.2009. By the impugned judgment, learned Single Judge of the High Court confirmed the conviction and sentence imposed on all the accused. The facts relating to the filing of this appeal, briefly stated, are that on 18.02.1992, Ravi Dass Jayanti was being celebrated in the village Saniana from donations collected from public. One Joginder Singh asked the appellant and Dalbir to spend the excess amount for the upkeep of the temple. At about 8 p.m. on that day, one Subhash s/o Nafe Singh (complainant), Jasbir Singh (PW-7), Kashmir Singh (PW-6), Joginder Singh and Surender Singh were present in the shop of one Kitab Singh, a tailor master. At that point of time, accused came to the spot and the appellant stated to have questioned Subhash (complainant) and others as to on what authority they were demanding for the accounts of the donation collections. When exchange of words took place between the complainant party and the accused party, the tailor Kitab Singh asked them not to indulge in such quarrel inside his shop and to get out of the shop. Thereafter all of them went out and came down to the public street and in the course of their continued quarrel, the first accused also by name Subhash s/o Ram Kumar stated to have inflicted a knife blow on the back of the complainant Subhash s/o Nafe Singh (PW- 5) while Ram Das (A-4) caught hold of Kashmir Singh and Dalbir Singh (A-3) caught hold of one Joginder Singh. Accused No.1, Subhash s/o Ram Kumar stated to have inflicted knife injuries to Jasbir Singh and Kashmir Singh. The tailor master Kitab Singh, Surender Singh and Joginder Singh tried to pacify both the groups and in that process Surender Singh also stated to have suffered knife injuries.

(2.) According to the complainant party, by way of private defence, they threw brickbats on the accused and that the accused stated to have fled away from the scene of occurrence. It was specifically alleged that two of the accused, namely, the appellant and Ram Das (A-4) also received injuries at the hands of Subhash s/o Ram Kumar (A-1) while he was giving knife blows to Jasbir Singh and Kashmir Singh PWs-6 and 7 respectively. The injured complainants stated to have gone to CHC Uklana in the vehicle belonging to one Baldev Singh where Subhash s/o Nafe Singh was admitted and given treatment while PWs-6 and 7, namely, Kashmir Singh and Jasbir Singh were referred to civil hospital, Hisar as the injuries sustained by them were serious injuries. Surender Singh stated to have gone to CHC Uklana, Saniana on the next day where he was also given treatment.

(3.) On receipt of the memo from the hospital, the sub-Inspector L.R. Sharma, PW-9 recorded the statement of Subhash s/o Nafe Singh pursuant to which the case was registered under Sections 324, 323 read with Section 34 IPC. Subsequently, after the receipt of report from the G.H., Hisar of the injuries sustained by Kashmir Singh PW-6, which were noted as serious injuries and were dangerous to life, the offence under Section 307 IPC was also added. PW-9 stated to have recovered a knife from the possession of Subhash s/o Ram Kumar (A-1) based on his disclosure statement. Since the said knife was a spring actuated knife, a separate case under the Arms Act was also registered against him.