LAWS(SC)-2007-6-24

STATE OF PUNJAB Vs. SANJIV KUMAR ALIAS SANJU

Decided On June 14, 2007
STATE OF PUNJAB Appellant
V/S
SANJIV KUMAR ALIAS SANJU Respondents

JUDGEMENT

(1.) The State of Punjab is in appeal against the judgment of Punjab and Haryana High Court. While upholding the conviction of two accused persons, namely, Vishal and Anil Kumar, High Court directed acquittal of the respondents. In case of co-accused Gangadhar, conviction was altered to Section 324 of the Indian Penal Code, 1860 (in short the IPC). In all, 9 persons faced trial and the Trial Court had found each to be guilty of offences punishable under Sections 302, 323 read with Section 149, IPC.

(2.) Seven appeals were filed by eight of accused persons. As noted above, the High Court directed acquittal of the respondents while disposing of the appeal of Vishal and Anil and altered the conviction of Gangadhar.

(3.) The background facts in a nutshell are as follows: The accused persons had gone for a pleasure trip to Manali in the year 1994. They had some joint photographs. These photographs were in possession of accused Anil Kumar alias Babba. There was some dispute regarding the delivery of these photographs. The complainant side wanted to have the photographs while Babba did not want to part with those photographs. However, on 16.6.1995, around 9/8.OO p.m. the accused persons, namely, Sanjiv Kumar alias Sanju, Satnam Singh alias Satta, Parminder Singh alias Khalsa, Ganga Dhar, Vishal Sharma, Gurpreet Singh Bedi, Sanjiv Kumar and Anil Kumar alias Babba and Amit Kumar assembled near the S.T.D. booth of Satnam Singh alias Satta in the area of Krishna Nagar, Hoshiarpur, Harbans Lal questioned as to what was the problem in returning the photographs. Due to that an altercation took place in Gali No. 14, Kamlapur and as a result of that Sanjiv Kumar alias Sanju and Satnam Singh alias Satta raised a lalkara that Harbans Lal and his companions should be caught hold of and the matter should be finished once for all. Anil Kumar alias Babba gave a Kirpan blow on the flank of Harbans Lal and Vishal Sharma gave a Kirpan blow on the chest of Rakesh Kumar alias Gori. Both of them fell down on the ground. Rajinder Kumar P.W.5 and Raj Kumar alias Raju P.W.6 raised an alarm. Still Ganga Dhar gave two Kirpan blows on the left side of the forehead and right thigh of Rajinder Kumar; Gurpreet Singh Bedi gave a hockey blow on the left side of the ear of Rajinder Kumar. Parminder Singh alias Khalsa and the owner of S.T.D. and other boys surrounded them and then Raju and Rajinder Kumar raised alarm again. Upon this Anil Kumar alias Babba and his companions ran away from the scene of occurrence. Injured Harbans Lal succumbed to the injuries at the spot and Rakesh Kumar in the hospital, the same day. On the basis of information lodged, investigation was undertaken and on completion thereof charge-sheet was filed. The trial Court found the accused persons guilty, convicted and sentenced them as aforesaid.