JAGDISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The two appellants herein were convicted under Section 307 read with Section 34 and Section 323 read with Section 34 IPC and they were sentenced to undergo rigorous imprisonment for ten years for the offence under Section 307/34 IPC and to pay a fine of Rs.100/- each.

(2.) On appeal to the High Court of Punjab and Haryana, the High Court upheld the conviction under the aforementioned Sections but reduced the sentence of the second appellant Balbir from ten years to seven years. The High Court further directed the appellant Jagdish to pay Rs.1 lac and the other appellant Balbir to pay Rs.50,000/- as compensation to Sukhbir (PW-8).

(3.) They were charged for attempt to murder Sukhbir (who was examined as PW-8) on 9-8-1990 at about 11.15 AM in the village Sihol. The prosecution case is that there were some ill-feelings between the accused and the members of the prosecution party on account of a land dispute. On 9-8-1990, PW-8 along with his brother Om Prakash (PW-9) went to Palwal in order to get the ticket reservation done and also to purchase some household goods. At about 11.15 AM, when they crossed G. T. Road, all of a sudden, the second accused Balbir, armed with a lathi and the other accused Jagdish, armed with Gandasa accosted them. The second accused Balbir hit Sukhbir (PW-8) on the knee with lathi as a result of which Sukhbir (PW-8) fell down. Thereafter, the accused Jagdish attacked Sukhbir (PW-8) with gandasa and inflicted injuries on the head and both the arms of Sukhbir. The gravity of injuries on the hands was such that Sukhbir suffered amputation of hands. After hue and cry being raised by Om Prakash (PW-9), the accused fled away. He also lodged a report to the police station at 12.15 PM on the same day. Om Prakash and others took Sukhbir to the hospital. FIR was registered by ASI Bhagat Ram (PW-10). Initially, the victim underwent treatment at city hospital, Palwal and, thereafter, he was shifted to Army Hospital, Delhi in the evening of the same day. Though the prosecution claimed that the weapons gandasa and lathi were recovered on the basis of the disclosure statement made by the accused persons, it was disbelieved by the trial Court. The victim was first examined at Palwal Hospital by PW-6 (Dr. A. K. Malik) who found six incised wounds on the scalp and hands and two abrasions of 1/2" to 1/2" on both knees. He gave the opinion that injuries 1 to 5 were cumulatively dangerous to life. Amongst the injuries, PW-6 found the right hand with lower 1/3rd of the forearm in an amputated form. There was also an incised injury on the left wrist 3 1/2" x 2¼" and the left hand was found attached with left forearm through skin flaps and ligament of ulnar side. Thus, the impact of the injuries inflicted with a sharp-edged weapon were such that both the hands suffered amputation. PW-5, the doctor in Army Hospital, found incised wound over left parieto occipital region of scalp. He also found the following three injuries :-