LexSTATE OF PUNJAB versus MOHINDER SINGH & ORS.
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(2009] 3 S.C.R. 542 , l' A STATE OF PUNJAB v. d5l! MOHINDER SINGH & ORS. (Criminal Appeal No. 1365-66 of 2002) B FEBRUARY 27, 2009 [DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM SHARMA, JJ.] 'f -· Penal Code, 1860 - ss. 302, 450, 324, 148 rw s. 149 - c Conviction under- Acquittal by High Court - Interference with - Held: Order of High Court was non-reasoned, sketchy and - based on surmises and conjectures - There was no delay in lodging or dispatching FIR to Magistrate - Injuries on accused persons were superficial - Thus, matter is remitted D to High Court for consideration afresh. ;. Prosecution case was that due to previous enmity, four accused persons, armed with weapons came to the house of the complainant party. They caused injuries to ... son of PW-2, PW-3 and PW-4. The injured were taken to E the hospital. Son of PW-2 succumbed to his injuries. Thereafter, FIR was registered. Prosecution witnesses as also eye-witnesses were examined. Trial court convicted and sentenced the respondents-accused uls 302, 450, • 324, 148 r/w s. 149 IPC. However, High Court acquitted .. F them. Hence the present appeal. f .. Disposing of the appeal, the Court HELD: High Court's judgment is practically non- reasoned and whatever reasons have been indicated are G not only sketchy but also are based on surmises and conjectures. There is also no discussion as to why the );. ... conclusions of the trial court have been found to be unsustainable. Trial court found categorically that there was no delay in lodging or despatching the FIR to lllqua H 542 STATE OF PUNJAB v. MOHINDER SINGH & ORS. 543 -< Magistrate and the injuries on the accused persons were A superficial. No report was lodged with the police about the accused person having sustained injuries. There is no counter case and no report appears to have been sent by the doctor who it was claimed by the accused persons to have treated the accused for the injuries B sustained. Trial court noted that the occurrence took place around 6 PM. There were several injured persons ~ .. who were taken to the hospital. Trial court rightly noted that it was but natural for PW-2 whose son had sustained injuries to take him to the hospital to save his life and the c life of PW-3 daughter-in-law and PW-4-nephew, instead of going first to the police station. All these aspects have not been dealt with by the High Court. There is also no discussion about evidence of PWs 2 and 4 by the High Court. Thus, the matter is remitted to High Court for a D ~ fresh consideration. [Paras 5 and 6] [545-H; 546-A-E] CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 1365 of 2002. From the Judgment & Order dated 22.8.01 of the High E Court of Punjab & Haryana at Chandigarh in Criminal Appeal No. 203 DB of 1999. -"'\ Gagan Deep Sharma, Ajay Pal, Kuldip Singh and Abha ;J Jain for the Appellants. F ... K.B. Sinha, Kawaljit Kochar and Kusum Chaudhary for the Respondent. The Judgment of the Court was delivered by DR. ARIJIT PASAYAT, J. 1. State of Punjab has G .. ..( questioned the correctness of the judgment rendered by a Division Bench of the Punjab and Haryana High Court directing acquittal of the respondents. Each of the respondents was found guilty of offences punishable under Sections H 544 SUPREME COURT REPORTS [2009] 3 S.C.R. A 302,450,324, 148 read with Section 149 of the Indian Penal ·- - _ Code, 1860 (in short the 'IPC'). Learned Additional Sessions Judge Gurdaspur has found the accused guilty and sentenced them as aforestated. B 2. Prosecution version in a nutshell is as follows: At about 6 PM on October 31, 1995 Teja Singh (PW2) alongwith his son Joginder Singh and his daughter-in-law Paramjit Kaur(PW3) was present in his haveli in Village china • - Railwala. His brother Fauja Singh and his son Nirmal Singh c (PW4) were living in an adjoining house and were present therein. Soon thereafter accused Dalbir Singh alias Kala, Mohinder Singh and Swinder Singh, all armed with knieves, Baljit Singh alias Beeta armed with Dang, and Jasbir Singh alias Killa, Rachhpal Singh alias Pappu and Ramjit Singh alias D Rana all empty handed came to the spot. Rachhpal Singh raised a lalkara that the complainant party be taught a lesson • for having got Dalbir Singh arrested by giving false information to the police, Ranjit Singh then caught hold of Joginder Singh from his long hair and Dalbir Singh gave two blows with the
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