{"id":65069,"date":"2009-01-15T00:00:00","date_gmt":"2009-01-14T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/state-of-haryana-vs-dayanand-on-15-january-2009"},"modified":"2017-10-31T04:30:12","modified_gmt":"2017-10-30T23:00:12","slug":"state-of-haryana-vs-dayanand-on-15-january-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/state-of-haryana-vs-dayanand-on-15-january-2009","title":{"rendered":"State Of Haryana vs Dayanand on 15 January, 2009"},"content":{"rendered":"
Punjab-Haryana High Court<\/div>\n
State Of Haryana vs Dayanand on 15 January, 2009<\/div>\n
               IN THE HIGH COURT OF PUNJAB AND HARYANA AT\n                           CHANDIGARH\n\n                                        Criminal Misc. No.579-MA of 2008\n                                             Date of Decision: 15.01.2009\nState of Haryana\n\n                                                                   Applicant\n                                   Versus\nDayanand\n                                                                 Respondent\n\nCORAM:- HON'BLE MR. JUSTICE JASBIR SINGH\n        HON'BLE MR. JUSTICE JORA SINGH\n\n\nPresent:    Mrs.Neena Madan, Addl.A.G. Haryana for the applicant\n                       .....\n<\/pre>\n
Jasbir Singh, J.(Oral)<\/p>\n
            Vide judgment dated 22.8.2008, passed by Additional Sessions<\/p>\n
Judge, Gurgaon, the respondent was acquitted of the charge framed against<\/p>\n
him.\n<\/p>\n
            By filing this application under Section 378 (3) Cr.P.C., it has<\/p>\n
been prayed by the State of Haryana that liberty be granted to file an appeal<\/p>\n
against above said judgment.\n<\/p>\n
            Heard learned counsel for the applicant.\n<\/p>\n
            It was allegation against the respondent that on 8.7.2007, he had<\/p>\n
hit Krishan Kumar (PW5) from behind, with a Car and had caused injuries to<\/p>\n
him. Prosecution’s story, as noticed by the trial Court in judgment under<\/p>\n
challenge, in paragraph No.2, reads thus:-\n<\/p>\n
            “On 8.7.2007, one doctor’s ruqqa Ex.PE from Pushpanjali<\/p>\n
            hospital, Gurgaon was received in the police station regarding<\/p>\n
            admission of patient namely Krishan Kumar in the said hospital
\n Criminal Misc. No.579-MA of 2008                             2<\/span><\/p>\n
          on account of road side accident, on the basis of which, Mohd.<\/p>\n
          Hussain Head Constable P.S.Pataudi reached the hospital and<\/p>\n
          moved application Ex.PK regarding fitness of the patient to<\/p>\n
          make the statement. The doctor on duty declared the patient<\/p>\n
          unfit to make statement vide opinion Ex.PK\/1. On 9.7.2007, ASI<\/p>\n
          Jagdish Chand was present at Narhera turn on Bilaspur-<\/p>\n
          Pataudi   Road    alongwith    other   police   officials   when<\/p>\n
          complainant Mahender met him and submitted the complaint<\/p>\n
          Ex.PB with the allegations that on 8.7.07 at about 9 A.M. his<\/p>\n
          brother namely Krishan Kumar had gone to their fields to serve<\/p>\n
          tea to the labourers working in the fields. When he started for<\/p>\n
          the home and reached in front of the house of Sumer son of<\/p>\n
          Mohan Ram, he saw accused Daya Nand sitting in his Maruti<\/p>\n
          Alto Car while coloured. On seeing him, said Daya Nand came<\/p>\n
          out of his car and told him that he is purchasing the disputed<\/p>\n
          land of Laxman and asked him not to interfere in the deal failing<\/p>\n
          which he will teach hilm a lesson and kill him by crushing him<\/p>\n
          under his car.    He further alleged that similar threat was<\/p>\n
          extended Daya Nand four days ago when both of them had an<\/p>\n
          exchange of words. On hearing their noise, Sumer Singh came<\/p>\n
          out of his house and Daya Nand started abusing his brother<\/p>\n
          Krishan and Sumer pacified both of them as both belonged to<\/p>\n
          the same village. Krishan went towards his Gitwar and Daya<\/p>\n
          Nand also went away. After ten minutes, Daya Nand returned<\/p>\n
          while driving his car at a high speed and hit Krishan from the
\n Criminal Misc. No.579-MA of 2008                                3<\/span><\/p>\n
             back side with an intention to kill him. On hearing the noise,<\/p>\n
             Sumer came out of his house, while he himself was already<\/p>\n
             present in his Gitwar.     Both of them came at the spot, but<\/p>\n
             accused Daya Nand fled away from the spot along with his<\/p>\n
             vehicle.   He as well as Sumer arranged a vehicle and took<\/p>\n
             Krishan to Narender Hospital, Pataudi, where he was given first<\/p>\n
             aid and was subsequently referred to Gurgaon for treatment.<\/p>\n
             They brought Krishan Kumar to Pushpanjali Hospital,<\/p>\n
             Gurgaon, where he is undergoing treatment. It has been further<\/p>\n
             alleged that accused Daya Nand tried to crush Krishan Kumar<\/p>\n
             under the speeding car with an intention to kill him.”<\/p><\/blockquote>\n
             Injured was medico legally examined by Dr.Parbhat Kumar<\/p>\n
(PW4) on 8.7.2007 at 10.00 AM. Following injuries were found at his<\/p>\n
person:-\n<\/p>\n
             “1.   Facial laceration and lacerations over scale (right thigh<\/p>\n
                   parietal region forehead and left occipital region and<\/p>\n
                   right of upper lip lateral surface.\n<\/p><\/blockquote>\n
             2.    There was crepts positive deformity positive over left<\/p>\n
                   lower leg, chest clear, CVS S1 and S2 normal per<\/p>\n
                   abdomen soft.”<\/p><\/blockquote>\n
             As deposed by Dr.Sajender Kumar, Radiologist, on X-ray,<\/p>\n
fracture of fibula at mid soft region was found.<\/p>\n
             On receipt of intimation (Ex.PB\/2), formal FIR (Ex.PB\/1) was<\/p>\n
recorded against the respondent. In the meantime, the investigating officer<\/p>\n
ASI Jagdish Chand (PW8) went to the spot, got prepared rough site plan of
\n Criminal Misc. No.579-MA of 2008                                  4<\/span><\/p>\n
the place of occurrence (Ex.PG). He went to the hospital to record statement<\/p>\n
of the injured, however, injured was declared unfit to make a statement.<\/p>\n
Statement of the injured was recorded on 12.7.2007. Statements of other<\/p>\n
witnesses were recorded on 13.7.2007 and 15.7.2007. Respondent-accused<\/p>\n
was arrested on 17.7.2007.\n<\/p>\n
             On completion of investigation, final report was put in Court for<\/p>\n
trial. Respondent pleaded not guilty and claimed trial. The prosecution<\/p>\n
produced oral as well as documentary evidence to prove its case.<\/p>\n
             On conclusion of prosecution’s evidence, statement of the<\/p>\n
respondent-accused was recorded under Section 313 Cr.P.C. Incriminating<\/p>\n
material existing on record was put to him, to which he pleaded innocence<\/p>\n
and false implication.     He took up a different stand by stating that an<\/p>\n
altercation had taken place between the injured and the accused, the<\/p>\n
respondent was sitting in his car and when he started moving the same,<\/p>\n
injured tried to pull him out of the car and in that process, he had fallen down<\/p>\n
and received injuries.\n<\/p>\n
             The Court below on analysis of evidence on record found<\/p>\n
defence version more probable and accordingly, acquitted the respondent of<\/p>\n
the charge framed against him.\n<\/p>\n
             After hearing counsel for the applicant, we are not inclined to<\/p>\n
interfere in this matter. Finding given by the trial Court is perfectly justified.<\/p>\n
By taking note of injuries on the person of PW5, the trial Court has rightly<\/p>\n
opined that he could not have suffered the injuries, in the way, in which those<\/p>\n
were shown to have been caused in FIR. It was observed as under:-
\n Criminal Misc. No.579-MA of 2008                             5<\/span><\/p>\n
          “As per version of PW5, once co-villager Sumer Singh<\/p>\n
          separated them after they had an exchange of words, he started<\/p>\n
          going towards his house while accused also went away, but<\/p>\n
          accused returned in his car and hit him from the back side when<\/p>\n
          he was walking on the kaccha portion of the road. PW6 also<\/p>\n
          deposed that accused came in his car driving it at a high speed.<\/p>\n
          PW5 also deposed that accused hit him from the middle front<\/p>\n
          portion of the car and he fell on the ground with his face<\/p>\n
          towards the ground and he suffered injuries on his forehead,<\/p>\n
          middle of head near eye, leg back of right shoulder and right<\/p>\n
          hip. As per MLR Ex.PD, PW5 suffered fracture in left lower leg<\/p>\n
          besides lacerations on face, scalp forehead right parietal<\/p>\n
          region, left occipital region and upper lip. Stand of the accused<\/p>\n
          is that they had an altercation and exchange of words while he<\/p>\n
          was sitting in the car and when he started moving the car, PW5<\/p>\n
          tried to pull him out of the car and fell in the process resulting<\/p>\n
          in the injuries in his left lower leg and face. However, I am of<\/p>\n
          the view that PW5 must have suffered injuries of greater<\/p>\n
          magnitude and he would have certainly been crushed under the<\/p>\n
          car, had the car hit him from behind at a high speed with its<\/p>\n
          front middle portion, whereas, he suffered fracture in the left<\/p>\n
          lower leg which shows that his left leg must have come under<\/p>\n
          the tyre of the car, when he was running alongwith car in order<\/p>\n
          to pull out the accused. The seat of injuries suffered by PW5<\/p>\n
          Krishan thus probablise the defence version.”
\n Criminal Misc. No.579-MA of 2008                               6<\/span><\/p>\n<\/blockquote>\n
              The trial Court has also noticed that there was a delay of 32<\/p>\n
hours in lodging the FIR, which the prosecution has failed to explain. It is<\/p>\n
true that initially, PW5 Krishan Kumar, the injured was not fit to make the<\/p>\n
statement, on certificate given by the doctor, his statement was recorded on<\/p>\n
12.7.2007. As per prosecution’s version, PW6 Mahender had also seen the<\/p>\n
occurrence.    Admittedly, he brought the inured to the hospital and was<\/p>\n
available throughout. However, he did not make any attempt to report the<\/p>\n
matter to Police. It has also come on record that when the injured was<\/p>\n
admitted in the hospital, it was intimated to the doctor that it was a case of<\/p>\n
vehicular accident. PW6 has specifically stated that he had seen the police in<\/p>\n
the hospital, despite that his statement was not recorded. The trial Court has<\/p>\n
also noticed that motive to cause injuries was not very strong. There is no<\/p>\n
independent corroboration to the prosecution’s story.<\/p><\/blockquote>\n
              Counsel for the applicant has failed to show any misreading of<\/p>\n
evidence on the part of the trial Court, which may necessitate any<\/p>\n
interference by this Court.\n<\/p>\n
              Dismissed.<\/p>\n
\n\n                                            (Jasbir Singh)\n                                               Judge\n\n\n\n15.1.2009                                    (Jora Singh)\ngk                                              Judge\n <\/pre>\n","protected":false},"excerpt":{"rendered":"
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 […]<\/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-65069","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"\nState Of Haryana vs Dayanand on 15 January, 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\/state-of-haryana-vs-dayanand-on-15-january-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"State Of Haryana vs Dayanand on 15 January, 2009 - 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