High Court Punjab-Haryana High Court

State Of Haryana vs Dayanand on 15 January, 2009

Punjab-Haryana High Court
State Of Haryana vs Dayanand on 15 January, 2009
               IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                           CHANDIGARH

                                        Criminal Misc. No.579-MA of 2008
                                             Date of Decision: 15.01.2009
State of Haryana

                                                                   Applicant
                                   Versus
Dayanand
                                                                 Respondent

CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
        HON'BLE MR. JUSTICE JORA SINGH


Present:    Mrs.Neena Madan, Addl.A.G. Haryana for the applicant
                       .....

Jasbir Singh, J.(Oral)

Vide judgment dated 22.8.2008, passed by Additional Sessions

Judge, Gurgaon, the respondent was acquitted of the charge framed against

him.

By filing this application under Section 378 (3) Cr.P.C., it has

been prayed by the State of Haryana that liberty be granted to file an appeal

against above said judgment.

Heard learned counsel for the applicant.

It was allegation against the respondent that on 8.7.2007, he had

hit Krishan Kumar (PW5) from behind, with a Car and had caused injuries to

him. Prosecution’s story, as noticed by the trial Court in judgment under

challenge, in paragraph No.2, reads thus:-

“On 8.7.2007, one doctor’s ruqqa Ex.PE from Pushpanjali

hospital, Gurgaon was received in the police station regarding

admission of patient namely Krishan Kumar in the said hospital
Criminal Misc. No.579-MA of 2008 2

on account of road side accident, on the basis of which, Mohd.

Hussain Head Constable P.S.Pataudi reached the hospital and

moved application Ex.PK regarding fitness of the patient to

make the statement. The doctor on duty declared the patient

unfit to make statement vide opinion Ex.PK/1. On 9.7.2007, ASI

Jagdish Chand was present at Narhera turn on Bilaspur-

Pataudi Road alongwith other police officials when

complainant Mahender met him and submitted the complaint

Ex.PB with the allegations that on 8.7.07 at about 9 A.M. his

brother namely Krishan Kumar had gone to their fields to serve

tea to the labourers working in the fields. When he started for

the home and reached in front of the house of Sumer son of

Mohan Ram, he saw accused Daya Nand sitting in his Maruti

Alto Car while coloured. On seeing him, said Daya Nand came

out of his car and told him that he is purchasing the disputed

land of Laxman and asked him not to interfere in the deal failing

which he will teach hilm a lesson and kill him by crushing him

under his car. He further alleged that similar threat was

extended Daya Nand four days ago when both of them had an

exchange of words. On hearing their noise, Sumer Singh came

out of his house and Daya Nand started abusing his brother

Krishan and Sumer pacified both of them as both belonged to

the same village. Krishan went towards his Gitwar and Daya

Nand also went away. After ten minutes, Daya Nand returned

while driving his car at a high speed and hit Krishan from the
Criminal Misc. No.579-MA of 2008 3

back side with an intention to kill him. On hearing the noise,

Sumer came out of his house, while he himself was already

present in his Gitwar. Both of them came at the spot, but

accused Daya Nand fled away from the spot along with his

vehicle. He as well as Sumer arranged a vehicle and took

Krishan to Narender Hospital, Pataudi, where he was given first

aid and was subsequently referred to Gurgaon for treatment.

They brought Krishan Kumar to Pushpanjali Hospital,

Gurgaon, where he is undergoing treatment. It has been further

alleged that accused Daya Nand tried to crush Krishan Kumar

under the speeding car with an intention to kill him.”

Injured was medico legally examined by Dr.Parbhat Kumar

(PW4) on 8.7.2007 at 10.00 AM. Following injuries were found at his

person:-

“1. Facial laceration and lacerations over scale (right thigh

parietal region forehead and left occipital region and

right of upper lip lateral surface.

2. There was crepts positive deformity positive over left

lower leg, chest clear, CVS S1 and S2 normal per

abdomen soft.”

As deposed by Dr.Sajender Kumar, Radiologist, on X-ray,

fracture of fibula at mid soft region was found.

On receipt of intimation (Ex.PB/2), formal FIR (Ex.PB/1) was

recorded against the respondent. In the meantime, the investigating officer

ASI Jagdish Chand (PW8) went to the spot, got prepared rough site plan of
Criminal Misc. No.579-MA of 2008 4

the place of occurrence (Ex.PG). He went to the hospital to record statement

of the injured, however, injured was declared unfit to make a statement.

Statement of the injured was recorded on 12.7.2007. Statements of other

witnesses were recorded on 13.7.2007 and 15.7.2007. Respondent-accused

was arrested on 17.7.2007.

On completion of investigation, final report was put in Court for

trial. Respondent pleaded not guilty and claimed trial. The prosecution

produced oral as well as documentary evidence to prove its case.

On conclusion of prosecution’s evidence, statement of the

respondent-accused was recorded under Section 313 Cr.P.C. Incriminating

material existing on record was put to him, to which he pleaded innocence

and false implication. He took up a different stand by stating that an

altercation had taken place between the injured and the accused, the

respondent was sitting in his car and when he started moving the same,

injured tried to pull him out of the car and in that process, he had fallen down

and received injuries.

The Court below on analysis of evidence on record found

defence version more probable and accordingly, acquitted the respondent of

the charge framed against him.

After hearing counsel for the applicant, we are not inclined to

interfere in this matter. Finding given by the trial Court is perfectly justified.

By taking note of injuries on the person of PW5, the trial Court has rightly

opined that he could not have suffered the injuries, in the way, in which those

were shown to have been caused in FIR. It was observed as under:-
Criminal Misc. No.579-MA of 2008 5

“As per version of PW5, once co-villager Sumer Singh

separated them after they had an exchange of words, he started

going towards his house while accused also went away, but

accused returned in his car and hit him from the back side when

he was walking on the kaccha portion of the road. PW6 also

deposed that accused came in his car driving it at a high speed.

PW5 also deposed that accused hit him from the middle front

portion of the car and he fell on the ground with his face

towards the ground and he suffered injuries on his forehead,

middle of head near eye, leg back of right shoulder and right

hip. As per MLR Ex.PD, PW5 suffered fracture in left lower leg

besides lacerations on face, scalp forehead right parietal

region, left occipital region and upper lip. Stand of the accused

is that they had an altercation and exchange of words while he

was sitting in the car and when he started moving the car, PW5

tried to pull him out of the car and fell in the process resulting

in the injuries in his left lower leg and face. However, I am of

the view that PW5 must have suffered injuries of greater

magnitude and he would have certainly been crushed under the

car, had the car hit him from behind at a high speed with its

front middle portion, whereas, he suffered fracture in the left

lower leg which shows that his left leg must have come under

the tyre of the car, when he was running alongwith car in order

to pull out the accused. The seat of injuries suffered by PW5

Krishan thus probablise the defence version.”
Criminal Misc. No.579-MA of 2008 6

The trial Court has also noticed that there was a delay of 32

hours in lodging the FIR, which the prosecution has failed to explain. It is

true that initially, PW5 Krishan Kumar, the injured was not fit to make the

statement, on certificate given by the doctor, his statement was recorded on

12.7.2007. As per prosecution’s version, PW6 Mahender had also seen the

occurrence. Admittedly, he brought the inured to the hospital and was

available throughout. However, he did not make any attempt to report the

matter to Police. It has also come on record that when the injured was

admitted in the hospital, it was intimated to the doctor that it was a case of

vehicular accident. PW6 has specifically stated that he had seen the police in

the hospital, despite that his statement was not recorded. The trial Court has

also noticed that motive to cause injuries was not very strong. There is no

independent corroboration to the prosecution’s story.

Counsel for the applicant has failed to show any misreading of

evidence on the part of the trial Court, which may necessitate any

interference by this Court.

Dismissed.


                                            (Jasbir Singh)
                                               Judge



15.1.2009                                    (Jora Singh)
gk                                              Judge