Punjab and Haryana High Court
CRIMINAL APPEAL None on 25 January 1994
IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH
Criminal Appeal No. 783-SB of 1998
Date of decision: 5[th] March, 2010
Kishan Chand
State of Haryana
Versus
… Appellant
… Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. Bipan Ghai, Senior Advocate with Mr. M.L. Saini, Advocate for the appellant.
Mr. Manish Deswal, Deputy Advocate General, Haryanafor the State. for the State.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
The Court of Additional Sessions Judge, Gurgaon triedJoginder Singh son of Ram Parshad, Kishan Chand and Satbir Singhsons of Gulab Singh as accused in case FIR No.18 dated 25.01.1994registered at Police Station Bilaspur under Sections 308, 323, 34 IPC.
The trial Court, while acquitting Joginder Singh and SatbirSingh of the charge, has convicted the appellant Kishan Chand foroffence under Section 325 IPC and sentenced him to undergo rigorousimprisonment for a period of 3 ½ years and to pay a fine of Rs.5000/-, indefault of payment of fine to further undergo rigorous imprisonment for sixmonths. It was further ordered that out of the amount of fine, Rs.3000/-shall be paid as compensation to the injured.
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Mr.Bipan Ghai, Senior Advocate assisted by Mr.M.L. Saini,Advocate, appearing for the appellant, has out-rightly submitted that hewill not be able to assail the conviction of the appellant, as the injured Mukesh PW-6 had deposed against the appellant and his evidence hasbeen held to be reliable by the trial Court. In his examination in-chief,Mukesh PW-6, had stated that on 6[th] December, 1993 at about 5.00 p.m.he was present in his house in village Pachagaon when he heard a noiseoutside the house. On hearing the noise, he along with his mother Ratnicame out of the house and found that Joginder accused was beating hisbrother Narinder Singh. When he wanted to separate his brother, theaccused appellant Kishan gave two lathi blows on his head, as a result ofwhich he became unconscious. His mother took him to the house andtherefrom, he was taken to Pushpanjli Hospital, Gurgaon. It is furtherstated in the examination in-chief that he remained in the PushpanjliHospital, Gurgaon from 6[th] December, 1993 to 8[th] December, 1993. In hiscross examination, this witness stated that before the occurrence inquestion, neither there was any dispute nor any quarrel with the accused.Mukesh PW-6 had given his age as 16 years at the time of recording ofhis evidence.
The testimony of Mukesh PW-6 had been corroborated byhis mother Ratni PW-8.
Dr.Ashwani Kumar, Medical Practitioner appeared as PW-7and deposed that on 6[th] December, 1993 he was employed as a part-timeconsultant at Pushpanjli Hospital, Gurgaon. He had admitted Mukesh on6[th] December, 1993 and discharged him on 7[th] December, 1993. At thetime of discharge, Mukesh was fully conscious and his condition wasstable. Mukesh was again examined on 10[th] December, 1993 byDr.Rajeev Sharma PW-4. He found following injuries on the person ofMukesh:
1. Cut lacerated wound on left side parietal region 2 cmfrom the mid-line, size 2 cm x 1 cm. from the mid-line, size 2 cm x 1 cm.
2. Deep abrasion size 2 cm x 0.5 cm, two fingers belowand posterior to injury No.1. and posterior to injury No.1.
This witness in the cross examination stated that probabilityof both the injuries having been caused by one blow or by fall on hardsurface cannot be ruled out.
Dr.Monika Chaudhary PW-5 stated that she had conductedradiological examination of Mukesh and found that there was a fracture ofleft parieto occipital bone.
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Dr.Raj Kumar PW-14 stated that Mukesh was admitted inWard No.5/3 with head injury. He was discharged on 20[th] December,1993. There was a fracture of skull of left parieto occipital bone and it wasa depressed fracture.
In view of the medical evidence noticed above, the learnedcounsel has prayed for reduction of sentence without assailing theconviction. From the medical evidence noticed above, it has emerged thatthe injured Mukesh had suffered two injuries. Injury No.2 was abrasionwhereas injury No.1 had caused fracture of left parieto occipital bone.The injured was admitted on 6[th] December, 1993 in a private hospital andwas discharged on 7[th] December, 1993. He was again admitted inMedical College and Hospital, Rohtak on 10[th] December, 1993 and wasdischarged on 20[th] December, 1993. It has nowhere emerged in theevidence that the injury had caused oedema of the brain or had causedany permanent damage to the injured Mukesh PW-6. Furthermore, thetrial Court has found that the offence in the present case will not fall underSection 308 IPC but under Section 325 IPC.
Occurrence, in the present case, had taken place in the year1993. A period of more than 16 years has already elapsed. The appellantis in the corridors of the Court since long and has suffered mental pain and agony of a protracted trial. Taking all these factors into consideration,this Court is of the view that ends of justice will be fully met in casesentence awarded upon the appellant is reduced from 3 ½ years to 1 ½years rigorous imprisonment.
With the modifications in sentence noticed above, presentappeal is disposed of.
March 5, 2010rps
[KANWALJIT SINGH AHLUWALIA]JUDGE
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