Present: Mr. R.S. Cheema Sr. Advocate with Vs. Unknown - Court Judgment

SooperKanoon Citationsooperkanoon.com/1135572
CourtPunjab and Haryana High Court
Decided OnMar-28-2014
AppellantPresent: Mr. R.S. Cheema Sr. Advocate with
RespondentUnknown
Excerpt:
crm-4415-2014 in cra-d-181-db-2013 sukhdev @ sukha & ors.versus state of haryana present: mr.r.s.cheema, sr.advocate with mr.a.s.cheema, advocate for the applicant-appellant no.1-sukhdev @ sukha. mr.vikas verma, a ag, haryana. *** prayer in this application is to suspend the sentence imposed upon sukhdev @ sukha son of jaswant, resident of village hatho, district jind, now confined in district prison, jind. counsel for the applicant-appellant submits that the applicant has been falsely implicated as the gun shot injury attributed to the applicant namely on the little finger of the left hand of dharampal, a witness, has not been found to be a fire arm injury. the recovery of a pistol from the applicant has also been disbelieved by the trial court. the applicant has not caused any injury to the deceased-ram kumar. counsel for the state submits that as the applicant was an active participant in the incident that led to the demise of ram kumar the application for suspension of sentence may be dismissed. it has further submitted that the disclosure statement admitting that he fired a gun shot coupled with recovery of the pistol is sufficient to prove the applicant's guilt. we have heard learned counsel for the parties and perused the facts. the applicant has been attributed a pistol shot which hit the little finger of the left hand of a witness, dharampal. satyawan 2014.03.31 15:04 "i attested to the accuracy and integrity of this document" high court chandigarh crm-4415-2014 in cra-d-181-db-2013 -2- a perusal of the medical evidence would prima facie reveal that injury on the little finger of the left hand of dharampal is not attributed to a gun shot. this apart, the trial court has disbelieved the recovery of pistol made by the applicant-appellant pursuant to an alleged disclosure statement. the applicant-appellant has not been attributed any injury to the deceased-ram kumar. as per the custody certificate, the applicant-appellant has undergone 3 years.3 months and 21 days of actual imprisonment. taking into consideration the totality of circumstances referred to above, it is directed that the sentence imposed upon the applicant-appellant sukhdev @ sukha son of jaswant, resident of village hatho, district jind shall remain suspended during pendency of the appeal, subject to his furnishing bail bonds to the satisfaction of chief judicial magistrate/duty magistrate, jind. (rajive bhalla) judge (jaspal singh) 28.03.2014 judge satyawan satyawan 2014.03.31 15:04 "i attested to the accuracy and integrity of this document" high court chandigarh
Judgment:

CRM-4415-2014 in CRA-D-181-DB-2013 Sukhdev @ Sukha & ORS.versus State of Haryana Present: Mr.R.S.Cheema, Sr.Advocate with Mr.A.S.Cheema, Advocate for the applicant-appellant No.1-Sukhdev @ Sukha.

Mr.Vikas Verma, A AG, Haryana.

*** Prayer in this application is to suspend the sentence imposed upon Sukhdev @ Sukha son of Jaswant, resident of village Hatho, District Jind, now confined in District Prison, Jind.

Counsel for the applicant-appellant submits that the applicant has been falsely implicated as the gun shot injury attributed to the applicant namely on the little finger of the left hand of Dharampal, a witness, has not been found to be a fire arm injury.

The recovery of a pistol from the applicant has also been disbelieved by the trial Court.

The applicant has not caused any injury to the deceased-Ram Kumar.

Counsel for the State submits that as the applicant was an active participant in the incident that led to the demise of Ram Kumar the application for suspension of sentence may be dismissed.

It has further submitted that the disclosure statement admitting that he fired a gun shot coupled with recovery of the pistol is sufficient to prove the applicant's guilt.

We have heard learned counsel for the parties and perused the facts.

The applicant has been attributed a pistol shot which hit the little finger of the left hand of a witness, Dharampal.

Satyawan 2014.03.31 15:04 "I attested to the accuracy and integrity of this document" High Court Chandigarh CRM-4415-2014 in CRA-D-181-DB-2013 -2- A perusal of the medical evidence would prima facie reveal that injury on the little finger of the left hand of Dharampal is not attributed to a gun shot.

This apart, the trial Court has disbelieved the recovery of pistol made by the applicant-appellant pursuant to an alleged disclosure statement.

The applicant-appellant has not been attributed any injury to the deceased-Ram Kumar.

As per the custody certificate, the applicant-appellant has undergone 3 yeaRs.3 months and 21 days of actual imprisonment.

Taking into consideration the totality of circumstances referred to above, it is directed that the sentence imposed upon the applicant-appellant Sukhdev @ Sukha son of Jaswant, resident of village Hatho, District Jind shall remain suspended during pendency of the appeal, subject to his furnishing bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Jind.

(RAJIVE BHALLA) JUDGE (JASPAL SINGH) 28.03.2014 JUDGE Satyawan Satyawan 2014.03.31 15:04 "I attested to the accuracy and integrity of this document" High Court Chandigarh