Partly allowed

Shakuntla v. State of Haryana

Punjab & Haryana HC18 Feb 2015CRA-S/361/2004

Case brief

AI extract

What is this about?

Appeal against conviction and sentence for voluntarily causing hurt. High Court upheld conviction but set aside imprisonment, granting probation of one month under the Probation of Offenders Act subject to furnishing bond and surety.

What did the court decide?

Conviction maintained; sentence of imprisonment set aside; appellant released on probation of six months subject to furnishing personal bonds of `10,000/- with one surety.

Shakuntla Vs State of Haryana — Criminal Trial and Appeal | Punjab & Haryana HC (2015)

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Criminal Appeal-S-361-SB of 2004

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In the High Court of Punjab and Haryana at Chandigarh

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Criminal Appeal-S-361-SB of 2004 Date of decision: 18.2.2015

Shakuntla

......Appellant

Versus

State of Haryana

......Respondent

CORAM: HON'BLE MRS. JUSTICE SABINA

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Present: Mr. A.K.Goel, Advocate for the appellant.

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Mr. Rajiv Doon, AAG, Haryana.

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SABINA, J.

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Appellant along with her co-accused had faced the trial qua commission of offence punishable under Section 148, 304, 323/149 of the Indian Penal Code, 1860 (' IPC ' for short) in FIR No. 191 dated 30.10.2001, registered at Police Station Chandimandir. Trial Court vide judgment/order dated 19.1.2004/20.1.2004 ordered the conviction and sentence of the appellant qua commission of offence punishable under Section 323 IPC. The other co-accused of the appellant were acquitted of the charges framed against them. Hence, the present appeal by the appellant.

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Prosecution story, in brief, is that pigs belonging to Pala Ram used to stray to his adjoining house of Kewal Ram. Due to this reason, there were frequent quarrels between Pala Ram and Kewal Ram. On 30.10.2001, at about 7.00/7.30 A.M., pigs strayed into the house of Kewal Ram. Due to this reason, Kewal Ram, his

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GURPREET SINGH 2015.02.19 16:17 I attest to the accuracy and authenticity of this document Chandigarh

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Criminal Appeal-S-361-SB of 2004

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two sons Raju and Sonu, his two daughters Badi Meenu and Chhoti Meenu, his wife Shakuntala and Neelam, wife of Raju, started using abusive language and came in front of the house of the complainant. Kewal Ram and Shakuntala were armed with sticks. Complainant Jabbar Singh, his father Pala Ram and mother Preetmo came out of the house and tried to pacify the accused party. Raju caught hold of Pala Ram and Kewal Ram tried to give a stick blow to Pala Ram but the same was snatched by Jabbar Singh. Kewal Ram and his sons gave fist blows to Pala Ram in his abdomen and on his head. Daughters of Kewal Ram caught hold of Preetmo and Shakuntla gave a stick blow on the head of Preetmo. In the meantime, neighbours reached the spot and the accused fled away from the spot. Pala Ram became unconscious and was taken to the hospital where he succumbed to his injuries.

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The Trial Court after going through the evidence on record held that as per the medical evidence, there was no external mark of injury on the person of Pala Ram. In fact, the experts were unable to ascertain the exact cause of death of Pala Ram. It was further stated by the experts that Pala Ram might have died due to cardiac arrest in view of the hystopathological examination report showing calcified atherosclerosis in coronary arteries. The co-accused of the appellant were acquitted of the charges framed against them. So far as the appellant is concerned, she was convicted and sentenced qua commission of offence punishable under Section 323 IPC as she had inflicted simple injury on the person of Preetmo.

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Learned counsel for the appellant, during the course of arguments, has not challenged the conviction of the appellant GURPREET SINGH 2015.02.19 16:17under Section 323 IPC but has submitted that the appellant be I attest to the accuracy and authenticity of this document Chandigarh

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Criminal Appeal-S-361-SB of 2004

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ordered to be released on probation under the Probation of Offenders Act, 1958 ('Act' for short). In fact, the accused party had also suffered injuries and the same were not explained by the prosecution. Learned counsel for the appellant has submitted that appellant is not a previous convict and as per the prosecution case itself, the quarrel took place as the pigs belonging to Pala Ram had strayed in the house of the appellant.

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Accordingly, conviction of the appellant under Section 323 IPC is maintained. However, sentence qua imprisonment of the appellant, as imposed by the Trial Court, is set aside. Appellant Shakuntla is ordered to be released on probation under Section 4 (i) of the Act for a period of 06 months subject to her furnishing personal bonds in the sum of ` 10,000/- with one surety in the like amount to the satisfaction of the Trial Court. It is further directed that appellant Shakuntla shall keep peace and will bear good behaviour during the period of probation. Appellant is directed to furnish the requisite bonds before the Trial Court within one month from the receipt of the copy of this order, failing which the appeal filed by appellant Shakuntla shall be deemed to have been dismissed. It is needless to say that in view of Section 12 of the Act, appellant shall not suffer any disqualification, if any, attaching to her conviction under Section 323 IPC.

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Appeal stands disposed of accordingly.

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(SABINA) JUDGE

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February 18, 2015 Gurpreet

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GURPREET SINGH 2015.02.19 16:17 I attest to the accuracy and authenticity of this document Chandigarh

Shakuntla v. State of Haryana

Case brief

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What did the court decide?

Shakuntla v. State of Haryana

Case brief

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