Mallu Singh and Others vs State of Haryana

T.P.S. Mann, J.—This appeal is directed against the judgment and order passed by Sessions Judge, Narnaul, whereby the Appellants were convicted u/s 325 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 20,000/-each and in default of payment of fine, to undergo further rigorous imprisonment for six months. The amount of fine, on its realization, was to be paid to the legal representatives of deceased Shiv Singh.

According to the prosecution, the occurrence in question had taken place on 16.10.1994 at about 7.00 p.m. at tempo stand, Mahendergarh Road, Kanina, where complainant Jagdish Singh and his brother Shiv Singh, alongwith one Vijay Pal, was present. All the three Appellants had come there. Mallu Singh Appellant abused the complainant party and stated that they had been raising dispute about their land. When the complainant party wanted to reply, Mallu Singh wielded bamboo stick in causing an injury on the chest of Shiv Singh. Angan Singh and Kanwar Pal Appellants then rolled their lathies on the legs of Shiv Singh. Some other persons, who were also present and appeared to be residents of village Kharkhara, uttered harsh words against the complainant. The complainant and Vijay Pal managed to save Shiv Singh from the clutches of the accused, where after the accused left the spot alongwith their weapons. Shiv Singh was removed to Government Hospital, Kanina where he was not given the first aid but referred to General Hospital, Narnaul. Even at Narnaul, no proper treatment was given to Shiv Singh. On 21.10.1994, the doctor referred Shiv Singh to Medical College and Hospital, Rohtak. On the night of 23.10.1994, Shiv Singh died on account of the injuries. Complainant Jagdish Singh, thereafter, made statement Ex. PJ before SI Badri Parshad on 23.10.1994 at 1.40 p.m., on the basis of which, FIR Ex.PJ/2 was recorded by HC Rawat Singh at Police Station Kanina on the same day at 5.10 p.m. The special report reached the Ilaqa Magistrate on the same day at 7.40 p.m.

During investigation of the case, the police inspected the spot in village Kanina and prepared its rough site plan. The statements of the witnesses were recorded. An attempt was made to arrest the accused but they were not available. However, on 28.10.1994, Mallu Singh and Angan Singh accused were arrested. Angan Singh then suffered a disclosure statement leading to recovery of a lathi whereas Mallu Singh also got recovered a bamboo stick after making a disclosure statement.

After completion of investigation, the police challaned accused Mallu Singh and Angan Singh whereas Kanwar Pal was found innocent and his name placed in column No. 2. Upon commitment of the case, both Mallu Singh and Angan Singh accused were charged for the offence u/s 302 read with Section 34 IPC, to which they pleaded not guilty and claimed trial. During the course of the trial, the State moved an application u/s 319 Code of Criminal Procedure , which was allowed on 5.3.1998 and Kanwar Pal was also summoned as an additional accused to face trial. All the three accused were, thereafter, charge sheeted u/s 302 read with Section 34 IPC, to which they pleaded not guilty and claimed trial.

In support of its case, the prosecution examined PW1 Dr. Rajesh Kumar, PW2 Hanuman Singh, Patwari, PW3 SI Raghbir Singh, PW4 Head Constable Chander Bhan, PW5 Head Constable Meer Singh, PW6 Head Constable Rawat Singh, PW7 Dr. Indu Lalit, PW8 complainant Jagdish Parshad, PW9 Vijay Pal, eye witness, PW10 Krishan Kumar, Record Keeper, PW11 Dr. Inder Mohan, PW12 Constable Mahesh Kumar, PW13 Head Constable Manphool Singh, PW14 SI Badri Parshad and PW15 Inspector Ravinder Kumar.

When the accused were examined u/s 313 Code of Criminal Procedure , they pleaded innocence and stated that they had been falsely implicated in the case due to the civil litigation between them and the complainant party. However, no defence evidence was led by them.

After hearing learned Counsel for the parties and going through the evidence available on the record, the trial Court believed the prosecution case regarding the infliction of injuries by the three accused. However, keeping in view the fact that none of the injuries was sufficient to cause death in ordinary course of nature and the death had resulted on account of complication due to the injuries as no proper medical aid was given to Shiv Singh, the trial Court exonerated the Appellants of the charge u/s 302 IPC. Instead, they were convicted u/s 325 read with Section 34 IPC and sentenced, as mentioned above.

On 8.10.2010, when the appeal was fixed for final hearing, learned State counsel placed on record the police report to the effect that Mallu Singh Appellant had died on 5.9.2008. Alongwith the police report, the death certificate was also produced.

Learned Counsel for the Appellants states that as Mallu Singh has died, his appeal is required to be disposed of as having abated.

Learned Counsel for the Appellants then tried to convince the Court about the false implication of Angan Singh and Kanwar Pal Appellants. However, after going through the records of the case, especially the statements of PW8 Jagdish Parshad and PW9 Vijay Pal, the Court is of the view that the conviction of Angan Singh and Kanwar Pal Appellants for the offence u/s 325 read with Section 34 IPC is well merited.

Learned Counsel for the surviving Appellants has also submitted that according to the prosecution, both of them had rolled their lathies on the legs of Shiv Singh, since deceased. None of them had given any injury on the vital part of Shiv Singh. Angan Singh Appellant has already undergone a substantive period of about four months whereas Kanwar Pal Appellant was found innocent during the investigation of the case and upon his appearance, he applied for the grant of bail, which was granted after about a week. He was again taken into custody on 8.9.1999 when he was convicted by the trial Court and it was only on 27.9.1999 that he was granted the concession of bail by this Court during the pendency of the appeal. As such, he has also undergone a period of about one month. The occurrence in question had taken place more than 16 years ago. Ever since then, they have been facing the agony of protracted criminal proceedings. Therefore, the remaining sentences of imprisonment of Angan Singh and Kanwar Pal Appellants be set aside.

Learned State counsel has submitted that both Angan Singh and Kanwar Pal had taken active part in the occurrence by inflicting injuries by rolling their lathies on the legs of Shiv Singh, deceased. On account of the injuries received in the occurrence, Shiv Singh had expired and, therefore, the said two Appellants do not deserve any concession in the matter of sentence.

After hearing learned Counsel for the parties and going through the impugned order of sentence, I find that a case is made out for setting aside the remaining sentences of imprisonment of Angan Singh and Kanwar Pal Appellants. At the same time, the fine of Rs. 20,000/-imposed upon each one of them by the trial Court can be enhanced so as to suitably compensate the legal representatives of deceased Shiv Singh.

Resultantly, the appeal filed by Mallu Singh Appellant is disposed of as having abated. The conviction of Angan Singh and Kanwar Pal Appellants for the offence u/s 325 read with Section 34 IPC is maintained. However, their substantive sentences of imprisonment are reduced to that already undergone by them. The fine of Rs. 20,000/-imposed upon each one of them by the trial Court is enhanced to Rs. 40,000/-which be deposited by them within four months from today, failing which they shall be required to undergo rigorous imprisonment for one year. The entire amount of fine be, thereafter, disbursed to the legal representatives of the deceased, as compensation.

The appeal is, accordingly, disposed of.