Judgment:
Crl.
Appeal No.D-564-DBA of 1996 -1- In the High Court of Punjab and Haryana at Chandigarh Crl.
Appeal No.D-564-DBA of 1996 Date of Decision: July 03, 2014 State of Punjab ---Appellant-State versus Vimal Kumar ---Respondent Coram: Hon'ble MRS.Justice Rekha Mittal Present: Mr.Amarinder Singh Klar, Asstt.
Advocate General, Punjab for appellant-State.
Respondent in person.
*** 1.
Whether Reporters of local papers may be allowed to see the judgment?.
2.
To be referred to the Reporter or not?.
3.
Whether the judgment should be reported in the Digest?.
*** REKHA MITTAL, J.
The present appeal has been directed against the judgment dated 31.10.1991 passed by the Judicial Magistrate Ist Class, Patiala whereby Vimal Kumar respondent has been acquitted of the offence charged against him.
The allegations against the respondent are that on 24.10.1987, octroi checking staff of the Municipal Committee, Batala namely Ram Kishan Singh, Superintendent, Lakhwinder Singh and Bhupinder Singh, Inspectors had gone for checking.
They noticed Vimal Kumar accused taking three coloured television sets in his Maruti Van bearing registration No.PAO-6858 driven by Mohinder Singh accused (since deceased) without Saini Paramjit Kaur 2014.07.30 15:05 I attest to the accuracy and integrity of this document Chandigarh Crl.
Appeal No.D-564-DBA of 1996 -2- paying octroi.
When the accused were in the process of unloading the TV sets, octroi staff reached the spot and asked for evidence of payment of octroi.
The accused failed to produce any document but tried to forcibly take away TV sets into their shop.
Lakhwinder Singh stopped them from taking TV sets inside the shop and the accused got enraged and started hurling abuses.
Vimal Kumar picked up a datar and Mohinder Singh took out a gandasi from the van and caused injuries to Ram Kishan Singh.
Vimal Kumar gave datar blow to Ram Kishan Singh which hit on the back side of his left leg.
Another blow from the reveRs.side of the datar was given by Vimal Kumar on the back of Ram Kishan Singh.
Ram Kishan Singh sent Inspector Lakhwinder Singh to Sub Divisional Magistrate, Batala being the Administrator of the Municipal Committee and he accordingly informed him (SDM) about the incident.
SDM Batala accompanied by Har Bhupinder Singh, Executive Magistrate, Batala and Jasbir Mahajan, Executive Magistrate, Ropar came at the shop of Vimal Kumar but the accused started giving abuses to them also.
Both the accused attacked Kulwant Singh and accompanying Magistrates.
Mohinder Singh gave gandasi blow which hit Jasbir Mahajan on his head.
They also gave fist blows to the SDM.
In the meantime, a patrol party of BSF headed by Sohan Singh Sandhu, Deputy Commandant arrived at the place of occurrence and with their help the accused were apprehended and taken to police station.
On completion of investigation, challan was presented in the Court for trial of the accused.
Charge under Sections 332, 353, 324, 323 read with Section Section 34 of the Indian Penal Code (for short “IPC”.) was framed against Saini Paramjit Kaur 2014.07.30 15:05 I attest to the accuracy and integrity of this document Chandigarh Crl.
Appeal No.D-564-DBA of 1996 -3- the accused to which they pleaded not guilty and claimed trial.
To prove its case, the prosecution examined as many as 06 witnesses namely Lakhwinder Singh, Inspector PW1, Raj Kumar, Octroi Clerk, Municipal Committee PW2, Kulwant Singh, complainant PW3, Dr.
H.S.Sandhu, SMO PW4, Har Bhupinder Singh SDM, PW5 and Jasbir Mahajan, SDM, Pathankot PW6.
On evidence of the prosecution being closed, Vimal Kumar denied the incriminating circumstances appearing in evidence against him and pleaded his innocence and false implication.
However, he raised the plea that Kulwant Singh posted as Administrator, Municipal Committee, Batala had forcibly taken away property worth Rs.50,000/- and also kept him under illegal confinement for 18/19 days.
A false case was foisted upon him at the instance of SDM who remanded the accused to police custody whereas he himself was the complainant in the case.
He examined Jiwan Dass son of Mulkh Raj DW1 and Hardip Singh, X-ray Technician DW2 in defence.
The learned trial court, on appreciation of evidence adduced by the prosecution particularly the statement of star witness SDM Kulwant Singh came to hold that the prosecution story collapsed like a house of cards as statement of Kulwant Singh is incredible and deserves to be viewed with distrust and disbelief and accordingly, the accused was acquitted of the offence charged against him.
Feeling dissatisfied with the verdict of the learned trial court, the present appeal has been preferred by the State of Punjab.
Counsel for the appellant would submit that testimony of Saini Paramjit Kaur 2014.07.30 15:05 I attest to the accuracy and integrity of this document Chandigarh Crl.
Appeal No.D-564-DBA of 1996 -4- Kulwant Singh, SDM has duly proved the prosecution case and therefore, the trial court erred in holding in favour of the accused.
It is further submitted that judgment of the trial court is based on mis-appreciation of evidence and liable to be set aside.
Vimal Kumar-respondent who contested the proceedings before the trial court, submitted that he was indicted in the crime in order to cover up illegalities committed by Kulwant Singh, SDM.
As Kulwant Singh had no legs to stand and prosecution was based on shaky foundation, Kulwant Singh could not successfully withstand the test of cross examination despite the fact that it was conducted by a layman and not a professional.
It is further argued that there must be compelling reasons for the appellate court to intervene in the judgment of acquittal and no such intervention is warranted even if two views are possible from the evidence on record because in that eventuality, the view in favour of the accused is to be accepted.
He has further submitted that the appeal is liable to be dismissed with compensatory costs.
I have heard counsel for the State as well as Vimal Kumar, respondent and gone through the records.
At the outset, it is pertinent to mention that records of the trial court were reconstructed in this case and entire records could not be reconstructed.
The learned trial court has commented adversely against testimony of Kulwant Singh PW2 at whose behest the criminal proceedings were initiated against the respondent.
Counsel for the State has failed to point out if the criticism on the testimony of Kulwant Singh is either contrary to record or his testimony is otherwise worthy of credence and Saini Paramjit Kaur 2014.07.30 15:05 I attest to the accuracy and integrity of this document Chandigarh Crl.
Appeal No.D-564-DBA of 1996 -5- reliance.
I have gone through the testimony of Kulwant Singh available on record.
I do not find any error in the observations made by the trial court in using some unpalatable words against said Kulwant Singh.
However, it is sad to note that Kulwant Singh himself initiated the criminal proceedings against the respondent and later became a judge of his own cause in remanding the accused to custody.
Keeping in view evidence on record and observations recorded by the court below, I find myself unable to accept the submissions of the appellant that the judgment passed by the trial court suffers from any error or infirmity liable to be corrected in appeal particularly in the light of fact that this court is examining a judgment of acquittal affirming the presumption of innocence available in favour of the accused.
For the reasons aforesaid, the appeal is dismissedwithout prejudice to the rights of the respondent to take recouRs.to alternative remedy for claiming compensation.
(REKHA MITTAL) JUDGE July 03, 2014 PARAMJIT Saini Paramjit Kaur 2014.07.30 15:05 I attest to the accuracy and integrity of this document Chandigarh