{"id":3311,"date":"2009-12-09T00:00:00","date_gmt":"2009-12-08T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/satish-kumar-son-of-mohinder-sada-vs-state-of-punjab-on-9-december-2009"},"modified":"2016-03-03T16:46:29","modified_gmt":"2016-03-03T11:16:29","slug":"satish-kumar-son-of-mohinder-sada-vs-state-of-punjab-on-9-december-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/satish-kumar-son-of-mohinder-sada-vs-state-of-punjab-on-9-december-2009","title":{"rendered":"Satish Kumar Son Of Mohinder Sada vs State Of Punjab on 9 December, 2009"},"content":{"rendered":"
Punjab-Haryana High Court<\/div>\n
Satish Kumar Son Of Mohinder Sada vs State Of Punjab on 9 December, 2009<\/div>\n
Crl.Appeal No.6-DB of 2008                              -1-\n\n\n IN THE HIGH COURT OF PUNJAB                       AND HARYANA\n                AT CHANDIGARH.\n\n                               Crl.Appeal No.6-DB of 2008\n                               Date of Decision: December 9, 2009\n\n\nSatish Kumar son of Mohinder Sada, aged 20 years, Labour, resident of\nParel Wagra, District Khangria (Bihar) at present resident of near Hazrat\nPeer Baba Sunet Shahwali Mazar, Backside PAU, Ludhiana.\n\n                                                         .....Appellant\n\n                               v.\n\nState of Punjab\n\n                                                        .....Respondent\n\n                               Crl.Appeal No.209-DB of 2008\n\n\n1. Billu son of Vasudev and\n2. Chalitar Sada son of Vasudev, both residents f Parel Waghra, District\nKhagria (Bihar), at present resident of near Hazrat Peer Baba Sunet\nShahwali Mazar, Backside PAU, Ludhiana.\n\n                                                       .....Appellants\n\n                               v.\n\nState of Punjab\n\n\nCORAM: HON'BLE MR.JUSTICE MEHTAB S.GILL\n      HON'BLE MR.JUSTICE RAM CHAND GUPTA\n\n\nPresent:    Mr.Vikrant Rakra, Advocate\n            for the appellant in Crl.Appeal No.6-DB of 2008.\n\n            Mr.Kuldeep S.Sandhu, Advocate\n            for the appellants in Crl.Appeal No.209-DB of 2008.\n\n            Mr.S.S.Gill, Additional Advocate General, Punjab.\n                               .......\n Crl.Appeal No.6-DB of 2008                              -2-\n\n\nRAM CHAND GUPTA, J.\n<\/pre>\n
1.          Both the above-mentioned appeals, i.e., Criminal Appeal<\/p>\n
Nos.6-DB and 209-DB of 2008 are being disposed of by this common<\/p>\n
judgment as they have arisen out of one judgment of conviction and<\/p>\n
order of sentence dated 29.11.2007 passed by the Court of Additional<\/p>\n
Sessions Judge, Ludhiana, vide which appellant-accused Billu was<\/p>\n
convicted for offence under Section 302 of the Indian Penal Code (for<\/p>\n
short `IPC’) and appellants-accused Chalitar Sada and Satish Kumar<\/p>\n
were convicted for offence under Section 302 read with Section 34 IPC<\/p>\n
and all the three appellants-accused sentenced to undergo imprisonment<\/p>\n
for life and to pay fine of Rs.2000\/- each, and in default of payment of<\/p>\n
fine to further undergo rigorous imprisonment for six months.<\/p>\n
2.          Briefly stated, the case of the prosecution, as unfolded by<\/p>\n
complainant Chand Kishore in his statement Ex.PG, got recorded with<\/p>\n
Balwinder Singh, SI\/SHO of Police Station Sarabha Nagar, Ludhiana,<\/p>\n
on 26.1.2003, when he was present at bridge canal of Village Sunet,<\/p>\n
Ferozepur road in connection with special nakabandi, runs as under:<\/p>\n
3.          Chand    Kishore,   complainant,    used   to     reside   near<\/p>\n
Gurudwara Sahib Haibowal Khurd, Ludhiana alongwith his cousin<\/p>\n
Sanjay.   Billu son of Vasudev accused         is a building contractor.<\/p>\n
Complainant alongwith his cousin Sanjay used to work under Billu<\/p>\n
Contractor. On 25.1.2003 at about 8.30 p.m., Chand Kishore alongwith<\/p>\n
Sanjay and Dalip had gone to Billu for taking remuneration of the work<\/p>\n
done by them, however, Billu refused to pay the amount. Billu used to<\/p>\n
reside in a hut situated near Mazar of Baba Sunet Ali, near Punjab
\n Crl.Appeal No.6-DB of 2008                              -3-<\/span><\/p>\n
Agricultural University. Billu instead of making payment took out a<\/p>\n
burning wooden log and gave blow on the head of Sanjay.           Satish<\/p>\n
Kumar and Chalitar Sada were also present in the hut, at that time.<\/p>\n
Satish Kumar caught the complainant from the neck and Chalitar Sada<\/p>\n
abused him and raised lalkara that Sanjay be killed and he should be<\/p>\n
taught a lesson for demanding money. Sanjay fell on the ground after<\/p>\n
being hit on the head. Complainant and his companions raised alarm<\/p>\n
and thereafter all the accused ran away from the spot. Sanjay was taken<\/p>\n
to their house. He was taken to 2-3 hospitals, however, he was not<\/p>\n
admitted.   Thereafter, he was taken to Civil Hospital, Ludhiana.<\/p>\n
However, on 26.1.2003 he succumbed to injuries.\n<\/p>\n
4.          Balwinder Singh, SI made his endorsement Ex.PG\/1 on<\/p>\n
statement Ex.PG, and sent the same to the police station for registration<\/p>\n
of the case, on the basis of which formal FIR Ex.PG\/2 was recorded for<\/p>\n
offence under Section 302 read with Section 34 IPC. He prepared<\/p>\n
inquest report on the dead body of Sanjay and got conducted the post<\/p>\n
mortem examination on the same.         He also visited the place of<\/p>\n
occurrence and prepared the rough site plan Ex.PW7\/B at the instance of<\/p>\n
Chand Kishore, complainant. He had also taken into possession the<\/p>\n
clothes being worn by the deceased after post mortem examination.<\/p>\n
5.          The accused were arrested by the Investigating Officer on<\/p>\n
28.1.2003 on the identification of Chand Kishore. He recovered one<\/p>\n
half burnt wooden log as per disclosure statement of accused-Billu and<\/p>\n
the same was taken into possession.\n<\/p>\n
6.          Statements of witnesses were recorded and after completion
\n Crl.Appeal No.6-DB of 2008                               -4-<\/span><\/p>\n
of the investigation, report under Section 173 of the Code of Criminal<\/p>\n
Procedure (for short `Cr.P.C.’) was filed against all the three accused in<\/p>\n
the Court of Illaqa Magistrate, who committed the case for trial to the<\/p>\n
Court of Sessions.\n<\/p>\n
7.          Learned trial Court charged all the three accused          for<\/p>\n
offence punishable under Section 302 read with Section 34 IPC, to<\/p>\n
which they did not plead guilty and claimed trial.\n<\/p>\n
8.          In order to prove the allegation against the accused, the<\/p>\n
prosecution has examined as many as 8 witnesses.\n<\/p>\n
9.          PW1 is Dr.Sanjeev Hans, who conducted the post mortem<\/p>\n
examination on the dead body of Sanjay on 27.1.2003 at 2.00 p.m. and<\/p>\n
found the following injuries on his person:\n<\/p>\n
            “1. A black left eye with sub conjunctival haemorrhage.<\/p>\n<\/blockquote>\n
            2. A defuse swelling 3″ x 3″ present in left temporal area.<\/p>\n
            (seen on shaving of hair).”\n<\/p><\/blockquote>\n
10.         He further deposed that on exploration of skull he found<\/p>\n
clotted blood in the left temporal parietal area and on removal of clot he<\/p>\n
found fracture of temporal bone extending upto parietal area obliquely,<\/p>\n
linear about 3-3\/4″ in length and there was a big haematoma on the left<\/p>\n
side of cranial cavity and also found laceration and congestion of<\/p>\n
membranes and brain matter. He opined that cause of death in this case<\/p>\n
was shock and haemorrhage and injury to vital organ, i.e., brain due to<\/p>\n
head injury, which was sufficient to cause death in he ordinary course of<\/p>\n
nature. He has proved carbon copy of post mortem report as Ex.PA and<\/p>\n
pictorial diagram as Ex.PA\/1.\n<\/p>\n
 Crl.Appeal No.6-DB of 2008                              -5-<\/span><\/p>\n
11.         PW2 is Dr.U.S.Sooch, the then Medical Officer, Civil<\/p>\n
Hospital, Ludhiana, who medico legally examined Sanjay on 26.1.2003<\/p>\n
at 10.00 p.m. and found the following injury on his person:-<\/p>\n
                  “Alleged history of blow on the head yesterday<\/p>\n
            evening the left eye was blackened and pupil was dilated.<\/p>\n
            The injury was referred to surgical specialist for expert<\/p>\n
            opinion. X-ray and C.T. Scan of the the head was also<\/p>\n
            advised.”\n<\/p><\/blockquote>\n
12.         Dr.U.S.Sooch kept the injury under observation and opined<\/p>\n
that duration of injury was 12 hours and was caused with blunt weapon.<\/p>\n
He has proved copy of medico legal report as Ex.PC and pictorial<\/p>\n
diagram as Ex.PC\/1.\n<\/p>\n
13.         PW3 is      Mohinder Singh, ASI, who was deputed by<\/p>\n
Balwinder Singh, SI, for getting the postmortem examination done on<\/p>\n
the dead body of Sanjay.\n<\/p>\n
14.         PW4 is Harsukhdevpal, Constable, in whose presence half<\/p>\n
burnt piece of wooden log Ex.P4 was got recovered by accused Billu,<\/p>\n
which was taken into possession vide recovery memo Ex.PE\/1.<\/p>\n
15.         PW5 is Ram Saran, Constable, who prepared scaled site<\/p>\n
plan Ex.PF of the place of occurrence at the instance of Chand Kishore.<\/p>\n
16.         PW6 is Chand Kishore, complainant, who proved his<\/p>\n
statement Ex.PG, on the basis of which the present case was registered.<\/p>\n
17.         PW7 is Balwinder Singh, SI, who investigated this case<\/p>\n
after recording statement of the complainant.\n<\/p>\n
18.         PW8 is Dalip Kumar, another eye-witness of the
\n Crl.Appeal No.6-DB of 2008                               -6-<\/span><\/p>\n
occurrence, who corroborated the version of complainant Chand<\/p>\n
Kishore.\n<\/p>\n
19.         Statements of accused under Section 313 Cr.P.C. were<\/p>\n
recorded in which they denied all the incriminating evidence coming<\/p>\n
against them and claimed to be innocent.\n<\/p>\n
20.         Accused Billu contended that deceased never worked under<\/p>\n
him as Mason and that he never caused injury to him. Accused Chalitar<\/p>\n
Sada has also taken the similar plea. Accused Satish Kumar took the<\/p>\n
plea that he has been falsely implicated in this case due to suspicion and<\/p>\n
that he never worked with accused Billu contractor and that he was not<\/p>\n
present at the time of alleged occurrence as he was working with one<\/p>\n
Brajesh Kumar Mason alongwith his brother Vinod. He has further<\/p>\n
taken the plea that on 25.1.2003 at about 8.30 p.m., he alongwith<\/p>\n
Brajesh Kumar, Sunil Kumar, Vinod Kumar and Kishan Sagar was<\/p>\n
performing kirtan at his residence and that he alongwith Brajesh and<\/p>\n
Vinod used to work with Askylyne Construction Building Company at<\/p>\n
the time of alleged occurrence.\n<\/p>\n
21.         Accused examined witness Brajesh Kumar as DW1 in their<\/p>\n
defence.\n<\/p>\n
22.         After hearing learned counsel for the appellants-accused<\/p>\n
and learned Public Prosecutor for the State, learned trial Court came to<\/p>\n
the conclusion that prosecution has been able to prove its case against<\/p>\n
all the three accused beyond any shadow of reasonable doubt and hence<\/p>\n
the accused were convicted and sentenced, as aforementioned, vide<\/p>\n
impugned judgment against which the present appeals have been filed.
\n Crl.Appeal No.6-DB of 2008                              -7-<\/span><\/p>\n
23.         We have heard learned counsel for the appellants-accused,<\/p>\n
learned State counsel and have gone through the whole record carefully.<\/p>\n
24.         It has been argued by learned counsel for the accused that<\/p>\n
there was no prior information with accused Billu regarding arrival of<\/p>\n
deceased Sanjay and the witnesses, as admitted by the witnesses and<\/p>\n
hence it cannot be said that accused had prior meeting of minds to<\/p>\n
commit murder of Sanjay. It is further contended that even if the<\/p>\n
prosecution version is believed, the occurrence took place at the spur of<\/p>\n
moment in a fit of anger and injury was caused by Billu accused only<\/p>\n
when Sanjay allegedly insisted for payment and had an altercation with<\/p>\n
Billu and that Billu had suddenly took a half burnt wooden log from<\/p>\n
the hearth situated nearby and gave its blow on the head of Sanjay. It is<\/p>\n
further contended that Chalitar Sada and Satish Kumar          were not<\/p>\n
residing with Billu accused and that they were simply present in the hut<\/p>\n
of Billu as they used to reside in the adjoining huts and that dispute<\/p>\n
was also between Billu and deceased and that altercation had taken<\/p>\n
place between Billu and Sanjay deceased. Hence, it is contended that<\/p>\n
accused Chalitar Sada and Satish Kumar cannot be held liable for the<\/p>\n
act of Billu. It is further contended that even Billu accused cannot be<\/p>\n
held liable for offence under Section 302 IPC because his intention was<\/p>\n
not to cause death of Sanjay as he simply gave a blow with the wooden<\/p>\n
log suddenly picked up from the hearth lying nearby and that the blow<\/p>\n
was not repeated by him and that no blow was also given by the other<\/p>\n
accused.   It is further contended that if acused Billu had the intention<\/p>\n
of causing the death of Sanjay, then he would have used some other
\n Crl.Appeal No.6-DB of 2008                              -8-<\/span><\/p>\n
weapon like knife or spade present in his hut, as PW6 admitted in the<\/p>\n
cross-examination that Billu used to keep Tasla, an iron pot for taking<\/p>\n
earth, sand etc. and spade in his hut and usually knife is also found in<\/p>\n
the house and that however, accused allegedly picked only half burnt<\/p>\n
wooden log and hence he had no intention of causing death of Sanjay.<\/p>\n
Hence, it is argued that at the most case for offence under Section 304<\/p>\n
Part II IPC is made out.\n<\/p>\n
25.           It is correct that only one blow was given by accused Billu<\/p>\n
on the head of Sanjay and that too with a wooden log, which proved<\/p>\n
fatal and that the blow was also not repeated. It is also correct that no<\/p>\n
injury was caused to deceased by co-accused Satish Kumar and Chalitar<\/p>\n
Sada, however, it has been proved from deposition of Chand Kishore,<\/p>\n
PW6 that accused Satish Kumar and Chalitar Sada also took part in the<\/p>\n
occurrence.      Accused Chalitar Sada is brother of accused Billu.<\/p>\n
Accused Chalitar Sada and Satish Kumar grappled with the complainant<\/p>\n
as Satish Kumar caught complainant from the neck and accused<\/p>\n
Chalitar Sada abused him and also raised lalkara that Sanjay be killed<\/p>\n
and he should be taught a lesson for demanding money. Moreover<\/p>\n
previous meeting of minds is not always necessary to impute common<\/p>\n
intention to the accused as common intention can be developed even at<\/p>\n
the spot during the occurrence.\n<\/p>\n
26.           Hence taken into consideration the sequence of occurrence,<\/p>\n
as deposed by the complainant and the eye-witness, common intention<\/p>\n
to cause injury to Sanjay on the part of all the three accused can be<\/p>\n
easily inferred and accused Satish Kumar and Chalitar Sada rightly held
\n Crl.Appeal No.6-DB of 2008                                -9-<\/span><\/p>\n
responsible for the act of Billu accused by the learned trial Court.<\/p>\n
27.          However, there is force in the argument of learned counsel<\/p>\n
for the accused that taking into consideration the fact that there was no<\/p>\n
prior information with accused Billu regarding arrival of deceased<\/p>\n
Sanjay and witnesses to his hut and further taking into consideration the<\/p>\n
fact that an altercation took place between Billu and Sanjay deceased,<\/p>\n
as he demanded money from Billu accused and further taking into<\/p>\n
consideration the fact that Billu picked up a log of wood from nearby<\/p>\n
hearth and gave only one blow on the head of Sanjay deceased and did<\/p>\n
not repeat the blow and that he did not use any other sharp edged<\/p>\n
weapon like spade, though available in the hut, the only inference<\/p>\n
which can be drawn is that none of the accused intended to commit<\/p>\n
murder of Sanjay nor did they intend to inflict such an injury which in<\/p>\n
the ordinary course of nature was sufficient to cause death.<\/p>\n
28.          There are three types of culpable homicide under Indian<\/p>\n
Penal Code. The first is defined in Section 300 IPC as murder and the<\/p>\n
second may be termed as culpable homicide of 2nd degree which is<\/p>\n
punishable under Ist part of Section 304 IPC and there is culpable<\/p>\n
homicide of 3rd degree, i.e., culpable homicide punishable under IInd<\/p>\n
part of Section 304 IPC.\n<\/p>\n
29.          However taking into consideration the peculiar facts and<\/p>\n
circumstances of the case, as detailed above, we are of the view that the<\/p>\n
offence committed by appellant-accused Billu would come under<\/p>\n
Section 304 Part II IPC, whereas offence committed by accused Satish<\/p>\n
Kumar and Chalitar Sada would come under Section 304 Part II read
\n Crl.Appeal No.6-DB of 2008                             -10-<\/span><\/p>\n
with Section 34 IPC.\n<\/p>\n
30.         Hence conviction of appellant-accused Billu for offence<\/p>\n
under Section 302 IPC is converted to offence under Section 304 Part II<\/p>\n
IPC whereas conviction of appellants-accused Satish Kumar and<\/p>\n
Chalitar Sada for offence under Section 302 read with Section 34 IPC is<\/p>\n
converted to offence under Section 304 Part II read with Section 34 IPC<\/p>\n
and while setting aside their sentence to undergo life imprisonment for<\/p>\n
offence under Section 302 and Section 302 read with Section 34 IPC,<\/p>\n
they are sentenced to undergo rigorous imprisonment for six years each,<\/p>\n
for offence under Section 304 Part II and for offence under Section 304<\/p>\n
Part II read with Section 34 IPC. However, the imprisonment already<\/p>\n
undergone by the accused during investigation, trial and during<\/p>\n
pendency of this appeal after conviction shall be set off as provided<\/p>\n
under Section 428 Cr.P.C. With this modification in the quantum of<\/p>\n
sentence, the appeals filed by appellants-accused, namely, Satish<\/p>\n
Kumar, Billu and Chalitar Sada are dismissed.\n<\/p>\n<\/p>\n
(Mehtab S.Gill)                                  (Ram Chand Gupta)\n      Judge                                            Judge\n\n\nDecember 9, 2009\nmeenu\n\nNote:      Whether to be referred to reporter?                Yes\/No.\n <\/pre>\n","protected":false},"excerpt":{"rendered":"
Punjab-Haryana High Court Satish Kumar Son Of Mohinder Sada vs State Of Punjab on 9 December, 2009 Crl.Appeal No.6-DB of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.Appeal No.6-DB of 2008 Date of Decision: December 9, 2009 Satish Kumar son of Mohinder Sada, aged 20 years, Labour, resident of Parel […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,28],"tags":[],"class_list":["post-3311","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"\nSatish Kumar Son Of Mohinder Sada vs State Of Punjab on 9 December, 2009 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/satish-kumar-son-of-mohinder-sada-vs-state-of-punjab-on-9-december-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Satish Kumar Son Of Mohinder Sada vs State Of Punjab on 9 December, 2009 - 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