Allowed

Banta Singh & Anr. v. State of Haryana

Punjab & Haryana HC28 Apr 2014CRA-S/2459/2010

Case brief

AI extract

What is this about?

Single bench criminal appeal challenging conviction for assault and attempted murder. The High Court allowed the appeal, setting aside the conviction and acquitting the appellant, extending the benefit of doubt due to lack of corresponding injuries matching specific assault allegations.

What did the court decide?

The impugned judgment and order set aside and appellant acquitted extending benefit of doubt.

Banta Singh & Anr. Vs State of Haryana — Murder and Culpable Homicide | Punjab & Haryana HC (2014)

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Criminal Appeal No. S. 2459-SB of 2010

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Appeal No. S. 2459-SB of 2010 Date of decision 28.04.2014.

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Banta Singh and another

...... Appellants

Versus

State of Haryana

...... Respondent.

CORAM :- HON'BLE MR.JUSTICE K.C.PURI.

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Present : Mr. Jagmohan Ghuman, Advocate and Mr. Himanshu Puri, Advocate, for the appellants.

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Mr. Amit Kaushik, Sr. DAG, Haryana.

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K.C.PURI, J.

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Challenge in this appeal is to the judgment dated 26.8.2010 and order dated 28.8.2010 passed by Additional Sessions Judge (Fast Track Court), Sirsa vide which the accused have been convicted and sentenced as under:-

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Offence	Sentence	Fine	In default
323 IPC	RI for 1year	--	--
452/34 IPC	RI for 2years	Rs.500/-	SI for 1 month
326/34 IPC	RI for 3years	Rs.2000/-	SI for 3 months
307/34 IPC	RI for 5years	Rs.2000/-	SI for 6 months
2.	All the sentences	were ordered to	run concurrently.
3.	The law was set i	n motion by rec	ording the statement of

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Gurpreet Singh complainant who has stated that they were two brothers.

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The name of his brother is Kulwinder Singh who is labourer by occupation.

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Sanjay 2014.05.07 14:32 I attest to the accuracy and integrity of this document Punjab and Haryana High Court

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Criminal Appeal No. S. 2459-SB of 2010

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He started living separately from him from the month of June, 2009 in the rented house of Banta Singh son of Mukhtiar Singh. He along with Harjinder Singh went to see his brother Kulwinder Singh after 2/3 days and saw that accused Banta Singh armed with kappa, Sohan Singh armed with Gandasa and Jagsir and Chhinder Kaur armed with lathis were beating his brother Kulwinder Singh mercilessly on the roof of the house. It was further stated that Banta Singh gave a kappa blow on the arm of his brother, Sohan Singh gave a gandasa blow on the head of his brother, Jagsir and Chhinder Kaur gave lathi blows on his person. On seeing them, accused fled away from the spot with their respective weapons. The injured was brought to the hospital. On completion of investigation, challan was presented against the accused.

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Copies of the documents were supplied to the accused free of costs. The Illqua Magistrate committed the case to the Court of Session as the offence alleged against the accused was exclusively triable by the said Court. The accused were charge-sheeted for offences punishable under Sections 452, 307, 326 and 323 read with Section 34 IPC to which, they pleaded not guilty and claimed trial.

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In support of its case, the prosecution examined PW-1 Gurpreet Singh complainant, PW-2 Kulwinder Singh, PW-3 Dr. Deepak Kumar Monga, PW-4 Dr. Bhushan Garg, PW-5 Mohan Lal Draftsman, PW-6 EHC Dharam Pal, PW-7 Dr. Ram Kumar, PW-8 Ram Kumar Head Constable, PW-9 SI Mahabir Singh and closed the prosecution evidence.

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In their statements recorded under Section 313 Cr.P.C., the accused have denied all the prosecution allegations and pleaded their

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Sanjay 2014.05.07 14:32 I attest to the accuracy and integrity of this document Punjab and Haryana High Court

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Criminal Appeal No. S. 2459-SB of 2010

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false implication. They did not lead any evidence in defence.

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The trial Court, after hearing the learned counsel for the parties convicted and sentenced the accused as narrated above.

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Feeling dissatisfied with the aforesaid judgment and order, the present appeal has been directed.

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I have heard learned counsel for the parties and have gone through the records of the case with their able assistance.

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Accused appellant Banta Singh died during the pendency of appeal. So, appeal qua him stood dismissed as having been abated vide order dated 27.3.2014. Now the appeal qua Jagsir Singh survives.

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Learned counsel for the appellant has submitted that according to the prosecution witnesses, the appellant Jagsir Singh and Chhinder Kaur inflicted injuries with lathis on the person of Kulwinder Singh. The PWs while appearing in the Court have not given specific seat of injury given by Jagsir Singh and Chhinder Kaur. It is submitted that medical evidence totally belies the case of the prosecution as there were only two incised wounds on the person of Kulwinder Singh. There was no corresponding injury of lathi on the person of Kulwinder Singh. It is submitted that in these circumstances, the story of the prosecution is doubtful.

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Learned State counsel has supported the judgment of the trial Court. He has submitted that both the injured and eye witness have supported the case of the prosecution so, the appellant Jagsir Singh has been rightly convicted by the trial Court.

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I have given my thoughtful consideration to the rival

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Sanjay 2014.05.07 14:32 I attest to the accuracy and integrity of this document Punjab and Haryana High Court

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Criminal Appeal No. S. 2459-SB of 2010

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submissions made by learned counsel for the parties and have gone through the record of the case.

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The contention raised by learned counsel for the appellant carries weight and has to be accepted. It is settled law that prosecution is required to prove guilt of the accused beyond reasonable doubt. In the FIR itself, it has been mentioned that Jagsir Singh appellant and Chhinder Kaur have inflicted injuries with lathis whereas Sohan Singh gave injury on the head of Kulwinder Singh with kulhari and Banta Singh gave kapa blow on the arm of Kulwinder Singh.

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So far as the injuries attributed to Banta Singh with kapa and injury attributed to Sohan Singh on the head of Kulwinder Singh are concerned, both injuries were found in the medico-legal examination.

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So far as injuries attributed to Chhinder Kaur and Jagsir are concerned, there is no corresponding injury on the person of Kulwinder Singh. It cannot be said that if any one gives injury with lathi, in that case, there would not be any corresponding injury so, the eye witness and injured have concealed the genesis of occurrence so far as accused Chhinder Kaur and Jagsir Singh are concerned. There were only two injuries on the person of Kuwlinder Singh. Even the injured and eye witness have not stated the seat of injuries attributed to Chhinder Kaur and Jagsir Singh. So, in these circumstances, the participation of appellant Jagsir Singh becomes doubtful. Sohan Singh the main accused, who has inflicted head injury on Kulwinder Singh, has been declared proclaimed offender. So, in these circumstances, it cannot be said that prosecution has been able to prove the guilt of Jagsir Singh appellant beyond reasonable doubt. The benefit of doubt has to be

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Sanjay 2014.05.07 14:32 I attest to the accuracy and integrity of this document Punjab and Haryana High Court

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Criminal Appeal No. S. 2459-SB of 2010

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extended to him under these circumstances when there is no corresponding injury attributed to him. Consequently, the appeal stands accepted. The impugned judgment and order of the trial Court stand set aside and the appellant Jagsir Singh stands acquitted by giving him the benefit of doubt.

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A copy of this judgment be sent to the concerned quarter for compliance.

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28.4.2014 (K.C. PURI) SN JUDGE

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Sanjay 2014.05.07 14:32 I attest to the accuracy and integrity of this document Punjab and Haryana High Court

Banta Singh & Anr. v. State of Haryana

Case brief

What is this about?

What did the court decide?

Banta Singh & Anr. v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

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