JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) FOUR petitioners, namely, Jarnail Singh, his son Gurmit Singh, Avtar Singh and Ajaib Singh, residents of village Mirankot were brought to trial for causing simple and grievous injuries to Jasbir Singh, his mother Surinder Kaur and father Shangara Singh before Judicial Magistrate Ist Class, Amritsar, and having been found guilty thereof, they were convicted under Sections 452/326/323/34, Indian Penal Code and each of them was sentenced to various terms of imprisonment and fine. On appeal, the learned Sessions Judge, Amritsar, while upholding their convictions and the sentences awarded to them under the ancillary offences, reduced the sentence of Jarnail Singh petitioner under Section 326, Indian Penal code, to one year's rigorous imprisonment and the fine of Rs. 1000/- and that of Gurmit SIngh, Avtar Singh and Ajaib Singh petitioners under Sections 326/34, Indian Penal Code to 9 months rigorous imprisonment each while maintaining their sentence of fine with its default clause. Feeling aggrieved, all the petitioners have now come up in revision.

(2.) THE prosecution case is in a very narrow compass. On 4th February, 1979, at about 7 p.m. Shangara Singh, P.W., alongwith his wife Surinder Kaur and son Jasbir Singh were present in their house when the accused-petitioners variously armed trespassed into the house of Shangara Singh. Jarnail Singh, opened the attack by giving a gandasi blow on the head of Jasbir Singh. When Shangara Singh and Surinder Kaur tried to intervene, Gurmit Singh gave lathi blows hitting Shangara Singh on his left knee and left arm, followed by Ajaib singh, who gave a dang blow on his head. Avtar Singh gave a dang blow to Surinder Kaur on her head and thereafter, all the accused bolted away with their respective weapons. The injured were removed to the S.G.T.B. Hospital, Amritsar, where Dr. D.S. Waraich medically examined them at about 9.25 p.m. and found the following injuries on their persons : Shangara Singh :

(3.) THE trial Magistrate on the basis of the material placed before it recorded the following finding : (i) that keeping in view the importance of non-lodging the F.I.R. with promptitude and without loss of time, let us see if the delay of 5 days in this case has resulted in connoting false version introducing false witnesses and preparing false evidence and also if there is some explanation regarding the delay. First of all I would refer to the cross-examination of P.W.3 Dr. D.S. Waraich, who states that he had supplied the carbon copy of the M.L.R. of Shangara Singh to H.C. Dilbagh Singh, who was posted as Guard Incharge at the S.G.T.B. Hospital, Amritsar. If this statement of the official witness, which has been brought on the record in the cross-examination is believed to be correct then it could be safely presumed that the police had come to know about the occurrence immediately the injured got themselves admitted in the hospital after the occurrence and it was the duty of the police official to proceed in the matter according to law. If he had failed to do so, then inaction or inefficiency on the part of the police cannot be attributed to the complainant in the matter of lodging the report; (ii) that still further the complainant (Shangara Singh) in his cross-examination did state that on the night of the occurrence at about 1 p.m., he went to the police station and lodged the report with the police and Sub-Inspector Bahadur Singh and a head-Constable were on duty and they entered the report in the roznamcha at that time and his thumb impressions were obtained. Again P.W. 2 Jasbir Singh stated that they made the report regarding the occurrence with the H.C. Incharge of the S.G.T.B. Hospital Guard and he had recorded his statement which he had signed. He further states that Sub-Inspector Bahadur Singh had met him on 2nd or 3rd day of the occurrence and he again made his statement to him. These statements of the two injured witnesses find support from the statement of the doctor and it can be safely concluded that the police did come to know regarding the occurrence much earlier to the alleged statement, Exhibit P.A., made by Shangara Singh; and (iii) that the possibility, therefore, that the delay was on account of inaction or slackness on the part of the police cannot be ruled out and further that to avoid the consequences of delay they incorporated the ground of compromise between the injured and the accused party, of course, to save their own skin.