Criminal Appeal No. 155-DB of 1999 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
1. Criminal Appeal No. 155-DB of 1999
Date of decision: 31.7.2008.
Surinder Singh and others ....Appellants
Versus
State of Punjab ...Respondents
2. Criminal Revision No. 918 of 1999
Kundan Singh ....Petitioner
Versus
State of Punjab and another ...Respondents
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
HON'BLE MR. JUSTICE S. D. ANAND
****
Present: Mr. K.L.Chaudhary, Advocate for the appellant-
Mukhtar Singh in Criminal Appeal No. 155-DB of 1999
Mr. D.S. Pheruman, Advocate for the petitioner in
Criminal Revision No. 918 of 1999.
Mr. D.S. Brar, Deputy Advocate General, Punjab
S. D. ANAND, J.
Learned Trial Judge convicted all the three appellants
(Surinder Singh, Balkar Singh and Mukhtar Singh) in case FIR No.
119/96 under Section 302/34 IPC, Police Station, Mehta.
The allegation, upheld in the context, was that they had
murdered Partap Singh with whom they had previous enmity.
However, Nazar Singh, who was also tried along with them, was
acquitted.
Learned State counsel states that, as per information
Criminal Appeal No. 155-DB of 1999 -2-
furnished by the police, appellants Surinder Singh and Balkar Singh
are dead. Copies of death certificates have been placed on record.
The appeal filed by Surinder Singh and Balkar Singh
shall, thus, abate.
The plea on behalf of appellant Mukhtar Singh that the
five blows given by him to the deceased were all on a non vital part
of the body of deceased Partap Singh is not contested on the
factual front. It is, thus, apparent that appellant Mukhtar Singh did
not share the common intention with his co-accused for committing
murder of Partap Singh. If he had shared the common intention, he
would have given blows on the vital part of the body, particularly
when he was armed with a Datar. In that view of things, his
conviction for the offence under Section 302 IPC is set aside. He is
convicted for an offence under Section 304 (ii) of the IPC.
It is common ground that appellant Mukhtar Singh has
been under incarceration for a period of more than five years. In the
peculiar circumstances of the case, we are of the view that interest of
justice would be served if the sentence awarded to appellant
Mukhtar Singh is restricted to the period already undergone by him
and it is so ordered accordingly. In addition thereto, he shall pay a
fine of Rs. 1 lac which, on recovery, shall be paid to heirs of
deceased Partap Singh. In default of payment of fine, Mukhtar Singh
shall undergo further rigourous imprisonment for a period of one
year.
Criminal Appeal No. 155-DB of 1999 filed by Mukhtar
Singh shall stand disposed of accordingly.
Insofar as Criminal Revision No. 918 of 1999 is
Criminal Appeal No. 155-DB of 1999 -3-
concerned, it calls into question the finding of acquittal recorded by
the Trial Judge qua respondent/accused Nazar Singh.
We have been through the record minutely and we find
that the benefit of doubt had been extended to Nazar Singh for the
reasons which are thoroughly appropriate. In the context, it may be
noticed that only a lalkara was attributed to Nazar Singh in the FIR.
No weapon was attributed to him. Further, it was not the allegation
that Nazar Singh took the weapon from any associate and gave any
blow to Parpat Singh deceased or any member of the complainant
party.
In the light of the foregoing discussion, we are clear in
our mind that the finding of exoneration recorded by the learned Trial
Judge and also the reasoning noticed in support thereof, is in order
and does not call for any interference. We have examined the
impugned finding on the touch stone of the parameters laid down by
the Apex Court in Ramesh Babulal Vs. State of Gurarat, AIR 1996
SC 2035, Jaswant Singh Vs. State of Haryana AIR 2000 SC 1833
and Main Pal Vs. State of Haryana AIR 2004 SC 2158 for
adjudication of a such like controversy.
In the light of the foregoing discussion, we have no
hesitation in holding that the present plea in Criminal Revision No.
918 of 1999 must be invalidated and we so order accordingly.
( S. D. ANAND )
JUDGE
July 31, 2008 (ADARSH KUMAR GOEL)
Pka JUDGE