Judgment:
CRA-D No.950-DB of 2013 1 In the High Court of Punjab and Haryana at Chandigarh CRA-D No.950-DB of 2013 Date of decision: February 11, 2014 Avtar Singh ....Appellant Versus State of Punjab and others .....Respondent CORAM: HON'BLE Mr.JUSTICE RAJIVE BHALLA HON'BLE Mr.JUSTICE FATEH DEEP SINGH Present: Mr.Sunil Chadha, Senior Advocate with Ms.Aarti Kaur, Advocate for the appellant.
**** FATEH DEEP SINGH, J.
Appellant Avtar Singh has invoked the jurisdiction of this Court seeking leave to appeal under Section 378 Cr.P.C.against the findings of learned Additional Sessions Judge, Kapurthala dated 20.05.2013 whereby in a trial against four accused, namely, Balkar Singh, Maan Singh, Surjit Kaur and Manjit Kaur, through the impugned findings Surjit Kaur and Mann Singh were acquitted giving them benefit of doubt.
The same has been challenged on the strength of the grounds detailed in the grounds of the appeal.
After hearing at length learned counsel for the appellant and in perusing the record of the case, the brief allegations of the prosecution are that on 03.06.2006 around 5.15 A.M.complainant Manjit Singh along with his brother Balkar Singh, who Jyoti 2014.03.06 13:02 I attest to the accuracy and integrity of this document High Court Chandigarh CRA-D No.950-DB of 2013 2 were residing in village Begowal were present in their house while Avtar Singh was sleeping on the bed and when he was coming out of the bathroom accused Balkar Singh armed with a Datar along with his co-accused accused Surjit Kaur, Manjit Kaur and his brother-in- law Manjit Singh trespassed into his room.
Surjit Kaur is alleged to have given a lalkara to kill Avtar Singh for helping Manjit Singh.
It is alleged that Manjit Kaur and Maan Singh held Avtar Singh from his legs while accused Balkar Singh gave repeated blows with his Datar hitting on the head, arms and shoulders of Avtar Singh injured.
It was on raising of raula by the complainant, the accused ran away with the weapon.
After the usual formalities in the investigations, collecting evidence and recording of statements, Manjit Kaur and Surjit Kaur and Mann Singh were found innocent in the investigation and accused Balkar Singh was formally arrested on 07.06.2006.
After commitment, framing of charges and recording of part of the evidence vide orders dated 16.03.2009 Surjit Kaur, Manjit Kaur and Maan Singh were summoned as additional accused in terms of Section 319 Cr.P.C.The prosecution in its evidence has examined nine witnesses, out of which PW-2 Dr.
Tarsem Singh has proved the injury, statements of Avtar Singh and Manjit Singh whereas PW-8 Dr.
Rajesh Pasricham, Neuro Surgeon, Satyam Hospital, Jalandhar and PW-9 Dr.
Gagandeep Singh, Medical Officer proved the couRs.of treatment of Manjit Singh and the Investigating Officer ASI Rajinder Jyoti 2014.03.06 13:02 I attest to the accuracy and integrity of this document High Court Chandigarh CRA-D No.950-DB of 2013 3 Singh proved investigation along with PW-5 MHC Balwinder Singh, PW-6 ASI Naranjan Dass, Pritam Singh was partly examined to give the eye witness account followed by the testimony of Manjit Singh complainant as PW-7.
It is the admitted stand of the counsel for the appellant that both the ladies Surjit Kaur and Manjit Kaur were empty handed and so Mann Singh as well as the inter se relationship of Balkar Singh with the remaining accused.
It is well enshrined in the defence evidence proved by way of Exhibits D-1 to D-21, Exhibits DW-1/A, DA, DB, DC as to the pendency of land dispute between the two sides and, therefore, impels this Court to critically evaluate the allegations in the light of the evidence led on the record.
There is ample evidence on the record that being neighbours Manjit Singh complainant wanted to raise a construction of his house which was objected to by the other side and there had been repeated interventions of the respectables and which is primarily the motive that has sought to be attributed to the accused for having caused injuries.
No doubt, MLR PW-2/A details the injuries on the person of Avtar Singh and MLR of PW2/D i.e.on Manjit Singh which all are incised wounds certainly could be caused by a weapon like as Datar.
There is no specific role attributed to the other accused except Balkar Singh and only figment of allegations are that they had caught hold of the injured Avtar Singh while he was sleeping and accused Balkar Singh gave injuries.
The initial statement of Avtar Singh proved on the record as Exhibit D-1 shows that Avtar Singh admits that he was assaulted by unidentified persons, certainly the Jyoti 2014.03.06 13:02 I attest to the accuracy and integrity of this document High Court Chandigarh CRA-D No.950-DB of 2013 4 prosecution cannot wriggle out of such commitment and being the fiRs.information immediately after the occurrence certainly carries sanctity though subsequently there has been a change by Manjit Singh whereby he has given a statement Exhibit D-6 attributing role of Balkar Singh in causing these injuries certainly is a distressing feature for the prosecution qua the present respondents and it is there in the inquiry report proved as Exhibit D3 that Surjit Kaur and Mann Singh as well as Manjit Kaur were found innocent in the investigations proved by DW-2 Inspector Sarwan Singh Pal, inquiry report Exhibit D-4 conducted by DSP Sub Division, Bholath.
It needs to be kept in mind that in rural areas usually people have a tendency to rope in maximum family members and thus as it appears from the evidence and has been duly appreciated by the learned trial Court that Surjit Kaur has been attributed with lalkara usually a domain of males.
More so, if that had been the intention of all the accused, it cannot be accepted that the other accused would come to the house of the complainant empty handed.
Thus to the mind of this Court, the conclusion drawn by the trial Court that fliMs.attribution has been made against Surjit Kaur on raising lalkara and Mann Singh having held the injured Avtar Singh from the legs when there is nothing suggestive that both of them have any animus towards the injured.
More so, in the absence of any independent corroboration to the testimony of the complainant side being an occurrence that has taken place in the residential area the village has its own adveRs.implication upon the prosecution.
Jyoti 2014.03.06 13:02 I attest to the accuracy and integrity of this document High Court Chandigarh CRA-D No.950-DB of 2013 5 Thus, we do not find any wrong appreciation of the evidence by the Court below and there being no justification, finding the appeal to be without any merit, we are not inclined to grant any leave to appeal.
Consequently, the appeal stands dismissed.
(RAJIVE BHALLA) (FATEH DEEP SINGH) JUDGE JUDGE February 11, 2013 jt Jyoti 2014.03.06 13:02 I attest to the accuracy and integrity of this document High Court Chandigarh