GURNAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused/appellants Gurnam, Satnam, Sham Sukh and Amar Jeet Singh have directed this appeal against the judgment dated 9.4.2003 and order dated 10.4.2003 passed by Shri D.P. Chauhan, learned Additional Sessions Judge, Hisar vide which the accused/appellants have been convicted under Sections 307 read with Section 34 of the Indian Penal Code (in short - the IPC), under Sections 332 read with Section 34 IPC, and under Sections 353 read with Section 34 IPC, and sentenced all the accused to undergo rigorous imprisonment for a period of five years and to pay fine of Rs. 500/-and in default of payment of fine to further undergo rigorous imprisonment for one month each under Section 307 read with Section 34 of the IPC. All the accused were further sentenced to undergo rigorous Imprisonment for a period of one year each under Section 332 read with Section 34 of the IPC. They were further sentenced to undergo rigorous imprisonment for a period of one year each under Section 353 read with Section 34 of the IPC. However, all sentences were ordered to run concurrently.

(2.) The prosecution case when put in brief is that on 11.7.1997, a ruqa from the Medical Officer, Civil Hospital, Hisar regarding admission of injured Head Constable Jasbir Singh and Head Constable Narender Kumar was received whereupon police party headed by ASI Nar Singh went to Civil Hospital, Hisar and after obtaining the opinion of the doctor regarding fitness of the injured to make statement on 12.7.1997 recorded the statement of HC Jagbir Singh, an application was made by Nar Singh ASI to the Medical Officer for obtaining opinion whether the injured were not fit to make statement. Medical Officer had found as many as nine injuries on his person as described in this MLR, and injury No. 3 in respect of Narender Kumar HC-injured was opined to have been caused with sharp edged weapon by the Medical Officer. On 12.7.1997 another application was made by ASI Nar Singh to the Medical Officer, Civil Hospital, Hisar for obtaining opinion if injured were fit to make statement. The Medical Officer gave his opinion to the effect that both the injured were fit to make statement. Thereafter, he recorded the statement of injured Jagbir Singh Head Constable and on the basis of which formal FIR Ex.PP/1 was recorded.

(3.) It has been alleged that HC Jagbir Singh complainant along with Narender Kumar HC was present at Chautha Mile, Sirsa Road, Hisar in connection with patrolling duty when secret information was received that accused-appellants and one another person were distilling illicit liquor by means of working still under the "kikar" trees. On the basis of the said information, the complainant along with Narender Kumar HC went to the stated place and they found some smoke coming out of the kikar O trees. They parked their scooter near the minor and when they reached near the place of occurrence, Gurnam Singh, who was aimed with a kulhari, Sham Singh who was armed with an iron rod and other persons armed with "kikkar" sticks came towards the complainant and attacked upon them. They had caused multiple Injuries on the person of both the injured i.e. Jagbir Singh and Narender Kumar. They snatched their belts. Thereafter, both of them came to the Civil Hospital, Hisar where they were admitted. On the basis of the said statement, a case under sections 307/323/353/332 and 186 of IPC was registered against all the accused. During investigation of the case, the Investigating Officer had prepared rough site plan of the place of occurrence Ex.PQ. The blood stained uniforms of both the injured, who were police officials, were taken into possession by the Investigating Officer vide memo 1 x, PQ/1, which was attested by Bir Singh HC and Ranbir Singh HC. Scaled site plan Ex.PS was also prepared. Accused were formally arrested. Statements of the prosecution witnesses were recorded. After completion of the investigation, challan was presented in the Court for trial of the accused.