Criminal Appeal No. 914 of 2001 · Uttarakhand High Court · 2012
Case Details
motorcycle and fired a shot. All the four were armed with knives. On hearing the sound of fire PW1 Kulvinder Kaur, PW2 Vichitra Singh got down from the cycle, whereafter the four accused/appellants caught hold of Vichitra Singh and assaulted with the knives. PW1 Kulvinder Kaur raised an alarm on which Mandeep Singh, Paramjeet Singh etc. started coming towards the place of incident. However, all the four accused ran away on the motorcycle. Injured Vichitra Singh (PW2) was taken to Government Hospital, Kashipur, where his injuries were recorded by the PW3 Dr. Surendra Singh on 10.01.1999 at 11.45 a.m. The said Medical Officer observed as many as nine injuries including seven incised wounds on the 4 person of Vichitra Singh, and prepared injury report (Ex. A3). PW6 Dr. Y.S. Rawat, on the very day (10.1.1999) conducted surgery in respect of injury no. 1 (shown in the injury report Ex. A2) suffered by the injured in his abdomen. Meanwhile, PW1 Kulvinder Kaur gave first information report (Ex.‐A1) on
10.01.1999 at police Station Kashipur at about 12.30 p.m. . On the basis of said report crime no. 17 of 1999 was registered, relating to offence punishable under Section 307 read with Section 34 of I.P.C., against all the four accused/appellants Hardev Singh, Baldev Singh, Sukkha Singh, Darshan Singh. 4) PW5 Sub Inspector V.D. Sarswat, took up the investigation of the case. Since the injured Vichitra Singh had suffered injury, dangerous to his life, his dying declaration (Ex. A7) was recorded by Sub Divisional Magistrate, Kashpur, at about 12.40 p.m. on the very day 10.1.1999. After interrogating the witnesses, and on completion of investigation the Investigating Officer submitted the chargesheet (Ex. A9) against all the four accused namely Sukkha Singh, Darshan Singh, Hardev Singh and Baldev Singh for their trial in respect of offence punishable under Section 307 read with Section 34 of I.P.C. 5 5) Additional Chief Judicial Magistrate, Kashipur receipt of chargesheet, after giving necessary copies to the accused/appellants as required under Section 207 of Cr.P.C. appears to have committed the case to the Court of Sessions for trial. Learned Sessions Judge, Udham Singh Nagar on 21.09.1999 after hearing the parties framed charge of offence punishable under Section 307 read with Section 34 of I.P.C., against all the four accused/appellants namely Sukkha Singh, Darshan Singh@Ghora, Hardev Singh, Baldev Singh to which they pleaded not guilty and claimed to be tried. On this prosecution got examined PW1 Kulvinder Kaur (informant), PW2 Vichitra Singh, (injured eye witness), PW3 Dr. Surendra Singh (who medically examined the injured), PW4 Constable Prakash Chand (who prepared Check F.I.R. and made entry in General Diary), PW5 V.D. Saraswat (who investigated the crime), and PW6 DR. Y.S.Rawat (who operated upon the injured with regard to the injury suffered by him in his abdomen). The trial appears to have been transferred to the court of Additional Sessions Judge, Kashipur of the Sessions Division. 6) The oral and documentary evidence was put to the accused persons under Section 313 of 6 Cr.P.C., in reply to which he pleaded that they have been falsely implicated to pressurize in the case of murder of Sajjan Singh (father of Hardev Singh and Baldev Singh), in which Vichitra Singh was the accused and Sukkha Singh was the witness. However, they did not say anything as to how the Vichitra Singh suffered injuries in the incident in question. No evidence in defence was adduced. The trial Court after hearing the parties found that prosecution has successfully proved charge of offence punishable under Section 307 read with Section 34 of I.P.C. against all the four accused/appellants namely Hardev Singh, Baldev Singh, Sukhdev Singh @ Sukkha and Darshan Singh@Ghora and after hearing on sentence, the each one of them was sentenced to rigorous imprisonment for a period of ten years. 7) Aggrieved by said judgement and order dated 02.03.2000, passed by Addl. Sessions Judge, Kashipur, District‐Udham Singh Nagar, in Sessions Trial No. 320 of 1999, this appeal was filed by the convicts before the Allahabad High Court, from where it is received by transfer under Section 35 of U.P. Re‐ organization Act 2000, for its disposal. 7 8) Before further discussion, this Court thinks it just and proper to mention the injuries found by PW3 Dr. Surendra Singh, on the person of Vichitra Singh (PW2) on 10.01.1999, at about 11.45 a.m. when he was brought in Government Hospital, Kashipur. Said injuries recorded in injury report (Ex. A7), prepared by PW3 Dr. Surendra Singh, Medical Officer are being reproduced below:‐ (cid:147)1. An incised wound 4c.m.x1c.m.xabdominal cavity deep present left side upper portion of abdomen (left hypochordria. 1 c.m. below costal margin) fresh bleeding present. Abdominal viscera coming out from the wound. Advised X‐ray abdomen.
2. Incised wound 3.c.m.x1c.m.xmuscle deep present front of left side thorax 8c.m. above injury no.
3. Incised wound 7c.m.x5c.m.bone deep present left side head, 8c.m. above left ear. Fresh bleeding present. Advised X‐ray head.
4. Incised wound 6.c.m.x.5c.m.xBone deep present left side head, 10c.m. above left ear. Fresh bleeding present. 8
5. Incised wound 2 in number 2c.m.x1c.m.; 2c.m.x0.5c.m. both muscle deep present palmer aspect of left hand, fresh bleeding present.
6. Incised wound 6c.m.x1c.m.xBone deep present back of head in occipital region, fresh bleeding present. Advised X‐ray head.
7. Incised wound 7c.m.x5c.m.xBone deep present top of head, fresh bleeding present. Advised X‐ ray hand.
8. Lacerated wound 2c.m.x5c.m.xscalpdeep present left side font of head 2c.m. behind hair line. Fresh bleeding present.
9. Lacerated wound 1.5c.m.x5c.m. on the left eye brow present, bleeding present.(cid:148) 9) According to PW3 Dr. Surendra Singh injury no. 1, 3, 6, 7 were kept under observation and patient was referred to the Surgeon. Regarding rest of injuries no. 2, 4, 5, 8, 9 it was observed that the same were simple in nature. It is also observed by the aforesaid Medical Officer in the injury report that all the injuries except injury no. 8 and 9 were caused of sharp object. According to the Medical Officers above 9 mentioned injury no. 8 and 9 were caused by hard and blunt object. Duration was found fresh. 10) The above medical evidence on record establishes that on the day of incident i.e. 10.01.1999, at about 11.00 a.m., Vichitra Singh (PW2) did suffer injuries edged weapon. Supplementary report (Ex. A4) proved by the PW4 Dr. Surendra Singh, which was prepared on 01.02.1999, further shows that after X‐ray reports and surgery, only injury no. 1 was found dangerous to life. 11) PW6 Dr. Y.S. Rawat, has corroborated the fact that on 10.01.1999, he conducted surgery on person of Vichitra Singh (PW2) in respect of injury no. 1 (mentioned above) suffered by him. He further proved the fact that injury no. 1 (mentioned above) was dangerous to life. 12) Now this Court has to see that whether accused/appellants in an attempt to commit murder of Vichitra Singh, with common intention, caused injuries mentioned above. 13) In this connection, the star witness of the case is Vichitra Singh (PW2) an injured eyewitness. He has stated that on 10.01.1999, he along with his wife 10 was going on a bicycle from Kashipur to Raipurkhurd, when at about 11.00a.m. accused/appellants Hardev Singh, Baldev Singh armed with knives, and accused/appellants Sukkha Singh and Darshan Singh armed with CHHURA (long pointed knives) came near Village Dhakiya, and fired one shot regarding which the witness stated that he did not recollect whether said shot actually hit him or not. But according to this witness Vichitra Singh (PW2) his wife got frightened and got down from the bicycle. According to PW2 (Vichitra Singh) all the four accused/appellants surrounded and gave blows with knives in their hands. He further told that his wife raised alarm whereafter, Mandeep Singh, Paramjeet Singh and some other villagers started coming towards the place of incident but accused/appellants ran away with motorcycle from the place of the incident. 14) Statement of PW2 Vichitra Singh is fully corroborated from the medical evidence on record, which is already discussed above. It is a case of day light incident and there appears no confusion on the part of injured in identifying the accused. Testimony of this injured eye‐witness is natural and trustworthy. 11 He has been taken to hospital and could be saved after he underwent surgery at the hands of PW6 Y.S. Rawat, Medical Officer, L.D. Bhatt Hosptial, Kashipur. 15) First information report (Ex. A1) lodged by PW1 Kulvinder Kaur is also prompt as the same appears to have been lodged within the two and half hours of the incident. Not only this after the injured Vichitra Singh was brought in the hospital, it appears that the dying declaration (Ex. A7) was also recorded by the Sub Divisional Magistrate, Kashipur in hospital at about 12.40 pm on 10.1.1999, which also corroborates the story narrated by the injured before the trial court. 16) Learned counsel for the accused/appellants pointed out that in the dying declaration (Ex. A1) given by injured regarding presence of his wife PW1 Kulvinder Kaur at the place of incident. Though, for said reason the statement of PW1 Kulvinder Kaur cannot be doubted but assuming for a moment that Kulvinder Kaur was not present there testimony of the injured, read on the medical evidence recorded, it self proves beyond reasonable doubt accused/appellants Hardev Singh, Baldev Singh, 12 Sukkha Singh, Darshan Singh all armed with knives, with common intention to kill Vichitra Singh caused injuries on his persons and there by committed offence punishable under Section 307 read with Section 34 of I.P.C. 17) On behalf of the appellants, it is argued that admittedly in the case of murder of Sajjan Singh (father of the accused/appellants Hardev Singh and Baldev Singh) and real brother of injured Vichitra Singh) he (Vichitra Singh) was an accused. It is further pointed out that accused Sukkha Singh was witness of said case. It is contended that to pressurize the present accused in the case of murder of Sajjan Singh they were falsely implicated. However, considering nature of injuries suffered by Vichitra Singh on his head abdomen and chest, this Court is of the view that such injuries cannot be said to self inflicted one and there is little chance of implicating the innocent persons leaving the real culprit, particularly when the incident is a day light one. 18) It is also argued on behalf of accused that had the accused/appellants any intention to kill Vichitra Singh they could have killed him by firing 13 another shot. However, it is not clear from the record as to how many cartridges were in the fire arm weapon from which the first fire was shot before surrounding the injured. Apart from this, it is difficult to make out as in what manner the appellants had planned to commit the murder of the injured as nobody can say in such circumstances relating to state of mind of the accused but the fact remains that it is proved beyond reasonable doubt, it were only accused, who caused the knife injuries to Vichitra Singh in attempt to kill him. 19) Learned counsel appellants submitted that two lacerated wounds remained unexplained from the side of the prosecution. In the opinion of this Court since the accused had suffered incised wounds, one after another, it is quite possible that he might have been grounded and suffered lacerated wound. 20) It is pertinent to mention here that during the appeal it is pleaded before this Court that accused Hardev Singh was juvenile on the day of incident. This Court directed to the Chief Judicial Magistrate, Udham Singh Nagar to enquire about the age of 14 accused Hardev Singh as on 10.01.1999. And in response to said direction a report is received by this Court from concerned Chief Judicial Magistrate, stating that date of birth of the accused/appellant Hardev Singh is 12.08.1984 and as such he was aged 14 years 4 months and 28 days at the time of incident. Considering the said fact, in view of the principle of law laid down in (cid:147)DharmveerVs. State (NCT of Delhi) (2010) 5SCC Page 344(cid:148) this court is of the view that while upholding the conviction of said accused the sentence awarded to him by the trial court deserves to be set aside. 21) As to the accused Sukkha Singh (Daleep Singh) and accused Baldev Singh (S/o Sajjan Singh) they are reported to have died during the pendency of this appeal, as such their appeals stand abated. So far as the sentence awarded the accused by the trial court is concerned, this Court is of the view that considering facts and circumstances of the case punishment of rigorous imprisonment for a period of seven years would meet the ends of justice, out of which, the period of imprisonment already undergone by said accused/appellants would be adjusted. 15 22) For the reasons as discussed above, both these appeals are disposed of with the observation that the appeals of accused/appellant Sukkha Singh (S/o Daleep Singh) and Baldev Singh (S/o Sajjan Singh) stand abated. Appeal of accused Hardev Singh is dismissed on the point of conviction recorded by the trial court but his sentence is set aside, as he was juvenile on the date of incident. He is on bail. He need surrender. So appeals of accused/appellant Darshan Singh@ Ghora (S/o Kashmir Singh) is concerned the same is dismissed on the point of conviction. However, sentence awarded to him by the trial court is reduced to the rigorous imprisonment for a period of seven years out of which the period they have remained in jail shall be adjusted. Accused Darshan Singh is on bail. His bail is cancelled. Accused/appellant Darshan Singh shall surrender before the trial court to serve out the remaining part of the sentence.
24.12.2012 (Prafulla C. Pant, J.)