SAT KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the High Court of Punjab and Haryana whereby the appellant, Sat Kumar, stands convicted under Sections 325/34 and 323/34 of the Indian Penal Code. He was sentenced to two years rigorous imprisonment under Section 325 IPC and six months rigorous imprisonment under Section 323 IPC. Both the sentences were to run concurrently.

(2.) Originally there were four accused, namely, Ravi Dutt, his son, Ram Kumar and Narain Dutt and his son, Sat Kumar, who were committed to the Court of Sessions for trial under Sections 120-B, 307/34, 325/34, and 323/34 IPC. The prosecution story is that Suraj Bhan (PW 3) the injured person, was on inimical terms with the accused. During 1966-67 when Ravi Dutt was the Chairman of the Market Committee, Uchana, a successful 'no confidence motion' was moved against him and Ravi Dutt suspected Suraj Bhan as the instigator of the move to remove him which was effected on 6th March, 1967. It is alleged that on 15th March, 1967, accused Ravi Dutt and Ram Kumar had assaulted Suraj Bhan as a sequal to the aforesaid removal and a criminal case was registered against them which was pending at the time of the occurrence in the present case. Ultimately, however, that criminal case ended in acquittal Ravi Dutta and Narain Dutt are real brothers. They complained against Suraj Bhan, who was the Secretary of the Market Committee, Narwana for corrupt practices which on enquiry by the Inspector is stated to have been found to be false. It is, therefore, apparent that there has been bad blood between the parties.

(3.) According to the complainant, Suraj Bhan, on 8th August, 1967, went to his village Uchana where his family was residing as it was a Teej festival. He was to return to duty on the following day i.e. 9th August, 1967. At about 9.30 A.M. on that day he was returning from Uchana and was going to the bus stand, Uchana, by road on foot. Near the kotah of one Bawa Ganesha Nand, accused Ram Kumar armed with gandasi and accused Sat Kumar and Narain Dutt armed with lathis waylaid him and caused injuries on his person. Accused Ram Kumar gave a blow on his head with the sharp side of the gandasi and accused Sat Kumar gave lathi blows on his left arm and on other parts. Suaraj Bhan fell down on the ground and while he was lying it is stated that accused Narain Dutt gave two or three lathi blows on his left foot and left lower part of the leg while accused Sat Kumar gave two or three lathi blows on his left buttock and back. On raising alaram by Suraj Bhan. PWs, Dalip Chand and Paras Dass came to the spot and saw the whole incident. A little later PWs. Man Singh and Sulekh Chand also came there when the latter disclosed that in the morning of that day at about 7.30 A.M. Ravi Dutt, Ram Kumar, Sat Kumar and Narain Dutt were conspiring outside the main gate of Mandi Uchana in order to make away with Suaraj Bhan. P.W. Man Singh brought a truck from Mandi Uchana and took Suraj Bhan therein to Narwana and Sulekh Chand also accompanied him. When they reached the bus stand, Narwana, A.S.I. Jaswant Singh, met them there by chance and he recorded the statement of Suraj Bhan which is marked as Ex. P.G. and which is the first information report in the case. After investigation the accused were challaned and were in due course committed to the Court of Session. The accused were charged under several sections and the learned Additional Sessions Judge acquitted Ravi Dutt and Narain Dutt of the charges and also acquitted Ram Kumar and Sat Kumar under Sections 120-B and 307 IPC. Ram Kumar and Sat Kumar were, however, convicted under Sections 324/34 and 323/34 IPC as stated above. The two convicted persons lodged an appeal before the High Court which accepted the appeal of Ram Kumar and acquitted him. Accused Sat Kumar's conviction, however, was maintained and hence this appeal by him with special leave. The prosecution examined ten P.Ws. and 8 defence witnesses were examined mostly to establish alibi by some of the acquitted accused.