Sunil Vs. State of Haryana - Court Judgment

SooperKanoon Citationsooperkanoon.com/1121047
CourtPunjab and Haryana High Court
Decided OnJan-14-2014
AppellantSunil
RespondentState of Haryana
Excerpt:
criminal misc.no.45931 of 2013 in criminal appeal no.s-1543-sb of 2013 {1} in the high court of punjab and haryana at chandigarh criminal misc.no.45931 of 2013 in criminal appeal no.s-1543-sb of 2013 date of decision: 14th january, 2014 sunil .applicant/appellant versus state of haryana ....respondent coram: hon'ble mr.justice naresh kumar sanghi present: mr.kapil aggarwal, advocate, for the applicant/appellant. mr.nitin kaushal, aag, haryana. *** naresh kumar sanghi, j. prayer in this application is for suspension of sentence to the applicant/appellant, sunil, who was held guilty for the offence punishable under section 304 (part-i).ipc, and ordered to undergo rigorous imprisonment for 10 years besides the payment of fine of ` 10,000/- and in default thereof, to undergo further rigorous imprisonment for a period of 10 months by the learned additional sessions judge, narnaul, vide his judgment dated 27.04.2013. learned counsel for the applicant/appellant submits that the applicant was arrested on 28.12.2011 and since then, he is behind the bars.he further submits that even if the whole case of the prosecution is taken at its face value then also the ingredients of section 304(part-i) are not attracted. he further submits that the applicant and the deceased sharma seema 2014.01.16 13:52 i attest to the accuracy and integrity of this document chandigarh criminal misc.no.45931 of 2013 in criminal appeal no.s-1543-sb of 2013 {2} were the businessmen and admittedly, they had business transaction with each other and on the day of occurrence on account of the payment of the dues, the hot words were exchanged as a result thereof, the applicant allegedly threw the carton of ceiling fan on the head of the deceased resultanly, anil (since deceased) succumbed to the injuries after few days. he further submits that the applicant/appellant has no criminal background. there are fairly arguable points in the appeal and the same is not likely to be decided in near future. learned counsel for the state prays for an adjournment on the premise that he had not received the file from the office. he further submits that the higher officers of the advocate general office were informed by him and in spite of that, the file has not been supplied to him. i have heard the learned counsel for the parties and with their able assistance gone through the material available on record. it is no ground to adjourn the case on the premise that the learned counsel for the state has not received the file from its office. the facts are very much clear from the perusal of the impugned judgment. there is no question to disbelieve the statement of the learned counsel for the applicant/appellant when he states that the applicant is behind the bars from the date of his arrest i.e.28.12.2011. the operative part of the jugment where the facts have been narrated regarding the incident are as under:- “on 23.12.2011 he along with his brother anil at around 4.30 p.m were present at their shop. in the meanwhile, sunil son of sharma seema 2014.01.16 13:52 i attest to the accuracy and integrity of this document chandigarh criminal misc.no.45931 of 2013 in criminal appeal no.s-1543-sb of 2013 {3} prabhu dayal resident of lekari, district alwar (hereinafter called in short as accused).having a shop in the name and style of “palak electronic”. at cinema road, mahendergarh, having account of business transaction inter-se regarding articles. the accused asked anil to make payment. his brother stated to make the payment tomorrow. at this, the accused lifted a carton of ceiling fan and ready to go. at this, his brother asked him not to do so. accused infuriated and gave blow of packed fan at the head of anil with force. as a result, his brother fell unconscious. he called his father, at the shop and got him admitted at government hospital, mahendergarh. however, doctor referred him to pgims rohtak, though was admitted at kailash hospital, behror on seeing his critical condition was got admitted at paras hospital, gurgaon, prayed for exemplary action against the culprit.”. from the perusal of the above, it is very much clear that the applicant/appellant and anil (since deceased) were the businessmen and had the business dealing with each other. the occurrence had taken all of a sudden. the applicability of section 304 (part i).ipc, would be a moot point at the time of final adjudication of the appeal. the applicant/appellant has undergone for more than two years.there are fairly arguable points in the appeal. keeping in view the totality of the facts and circumstances, the present application is allowed. the remaining substantive sentence of the sharma seema 2014.01.16 13:52 i attest to the accuracy and integrity of this document chandigarh criminal misc.no.45931 of 2013 in criminal appeal no.s-1543-sb of 2013 {4} applicant/appellant, sunil, s/o prabhu dayal, r/o village lekari, police station, bansur, district alwar, is ordered to be suspended during the pendency of the appeal subject to his furnishing bail bonds to the satisfaction of the learned chief judicial magistrate/duty magistrate, narnaul. january 14, 2014 (naresh kumar sanghi) seema judge sharma seema 2014.01.16 13:52 i attest to the accuracy and integrity of this document chandigarh
Judgment:

Criminal Misc.No.45931 of 2013 in Criminal Appeal No.S-1543-SB of 2013 {1} IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.No.45931 of 2013 in Criminal Appeal No.S-1543-SB of 2013 Date of Decision: 14th January, 2014 Sunil .Applicant/appellant Versus State of Haryana ....Respondent CORAM: HON'BLE Mr.JUSTICE NARESH KUMAR SANGHI Present: Mr.Kapil Aggarwal, Advocate, for the applicant/appellant.

Mr.Nitin Kaushal, AAG, Haryana.

*** Naresh Kumar Sanghi, J.

Prayer in this application is for suspension of sentence to the applicant/appellant, Sunil, who was held guilty for the offence punishable under Section 304 (Part-I).IPC, and ordered to undergo rigorous imprisonment for 10 years besides the payment of fine of ` 10,000/- and in default thereof, to undergo further rigorous imprisonment for a period of 10 months by the learned Additional Sessions Judge, Narnaul, vide his judgment dated 27.04.2013.

Learned counsel for the applicant/appellant submits that the applicant was arrested on 28.12.2011 and since then, he is behind the baRs.He further submits that even if the whole case of the prosecution is taken at its face value then also the ingredients of Section 304(Part-I) are not attracted.

He further submits that the applicant and the deceased Sharma Seema 2014.01.16 13:52 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc.No.45931 of 2013 in Criminal Appeal No.S-1543-SB of 2013 {2} were the businessmen and admittedly, they had business transaction with each other and on the day of occurrence on account of the payment of the dues, the hot words were exchanged as a result thereof, the applicant allegedly threw the carton of ceiling fan on the head of the deceased resultanly, Anil (since deceased) succumbed to the injuries after few days.

He further submits that the applicant/appellant has no criminal background.

There are fairly arguable points in the appeal and the same is not likely to be decided in near future.

Learned counsel for the State prays for an adjournment on the premise that he had not received the file from the office.

He further submits that the higher officers of the Advocate General office were informed by him and in spite of that, the file has not been supplied to him.

I have heard the learned counsel for the parties and with their able assistance gone through the material available on record.

It is no ground to adjourn the case on the premise that the learned counsel for the State has not received the file from its office.

The facts are very much clear from the perusal of the impugned judgment.

There is no question to disbelieve the statement of the learned counsel for the applicant/appellant when he states that the applicant is behind the bars from the date of his arrest i.e.28.12.2011.

The operative part of the jugment where the facts have been narrated regarding the incident are as under:- “On 23.12.2011 he along with his brother Anil at around 4.30 p.m were present at their shop.

In the meanwhile, Sunil son of Sharma Seema 2014.01.16 13:52 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc.No.45931 of 2013 in Criminal Appeal No.S-1543-SB of 2013 {3} Prabhu Dayal resident of Lekari, District Alwar (hereinafter called in short as accused).having a shop in the name and style of “Palak Electronic”.

at Cinema Road, Mahendergarh, having account of business transaction inter-se regarding articles.

The accused asked Anil to make payment.

His brother stated to make the payment tomorrow.

At this, the accused lifted a carton of ceiling fan and ready to go.

At this, his brother asked him not to do so.

Accused infuriated and gave blow of packed fan at the head of Anil with force.

As a result, his brother fell unconscious.

He called his father, at the shop and got him admitted at Government Hospital, Mahendergarh.

However, doctor referred him to PGIMS Rohtak, though was admitted at Kailash Hospital, Behror on seeing his critical condition was got admitted at Paras Hospital, Gurgaon, prayed for exemplary action against the culprit.”

.

From the perusal of the above, it is very much clear that the applicant/appellant and Anil (since deceased) were the businessmen and had the business dealing with each other.

The occurrence had taken all of a sudden.

The applicability of Section 304 (Part I).IPC, would be a moot point at the time of final adjudication of the appeal.

The applicant/appellant has undergone for more than two yeaRs.There are fairly arguable points in the appeal.

Keeping in view the totality of the facts and circumstances, the present application is allowed.

The remaining substantive sentence of the Sharma Seema 2014.01.16 13:52 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc.No.45931 of 2013 in Criminal Appeal No.S-1543-SB of 2013 {4} applicant/appellant, Sunil, s/o Prabhu Dayal, r/o village Lekari, Police Station, Bansur, District Alwar, is ordered to be suspended during the pendency of the appeal subject to his furnishing bail bonds to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Narnaul.

January 14, 2014 (Naresh Kumar Sanghi) seema Judge Sharma Seema 2014.01.16 13:52 I attest to the accuracy and integrity of this document Chandigarh