RAJ SINGH @ RAJA Vs STATE OF HARYANA TR.SEC.MINISTY OF HOME
Bench: DIPAK MISRA,PRAFULLA C. PANT
Case number: Crl.A. No.-001475-001475 / 2015
Diary number: 5732 / 2007
Advocates: PRAVEEN CHATURVEDI Vs
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1475 OF 2015 (Arising out of S.L.P. (Crl.) No. 8281 of 2007)
Raj Singh @ Raja … Appellant
Versus
State of Haryana through Secretary Ministry of Home Affairs, Chandigarh …Respondent
J U D G M E N T
Prafulla C. Pant, J.
This appeal is directed against judgment and order dated
21.8.2006 in Criminal Appeal No. 152-DB of 2004, passed by the
High Court of Punjab and Haryana, whereby said appeal has
been dismissed affirming the conviction and sentence awarded
against accused/appellant Raj Singh @ Raja, by Sessions Judge,
Sonepat, in Sessions Case No. 121 of 1999/2003 under Sections
148, 302, 307, 323 read with Section 149 of Indian Penal Code
(IPC).
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2. We have heard learned counsel for the parties and perused
the papers on record.
3. Brief facts of the case are that PW-4 Bhale Ram
(complainant) owned shops near bus stop of village Jagsi. In one
of the shops liquor used to be sold, and the other shops were
being used as tea stalls by the complainant’s son PW-10 Sanjay
and nephew Rajesh (deceased). A vacant piece of land adjoining
the shops was also used by the complainant for tethering the
cattle in respect of which a civil litigation was going on between
him and Daya Kishan Bairagi (one of the accused).
4. On 30.11.1998 at about 7.00 p.m. when PW-10 Sanjay and
Rajesh (deceased) were in the shop, complainant’s daughters
PW-11 Kamlesh and Meena were unloading the paddy straw from
a cart at the vacant piece of land. At that point of time accused
Kishan (son of Daya Kishan) came to the shop and asked Sanjay
to deliver some goods without payment of the price. On this, a
quarrel ensued and Kishan threatened Sanjay of dire
consequences. He left the shop and soon thereafter came back
along with other accused, namely, Pohla @ Sat Narain, Daya
Kishan, Ajmer and the present appellant Raj Singh @ Raja. Pohla
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@ Sat Narain was armed with gun, Ajmer was armed with ‘Jaili’
and remaining three, namely, Daya Kishan, appellant Raj Singh
@ Raja and Kishan were armed with lathies. Pohla opened fire at
Rajesh, who fell down. In the meantime, complainant and his
daughters Kamlesh and Meena intervened to rescue Sanjay and
Rajesh. Daya Kishan gave a blow with lathi on the person of the
complainant. Ajmer and Kishan also gave blows with Jaili and
lathi respectively on the complainant. Appellant Raj Singh @
Raja said to have assaulted Kamlesh and Meena. On hearing the
commotion, PW-12 Ram Kishan and one Hoshiara also reached
there. They rescued the complainant from the accused, who left
the place along with their weapons. All the injured were taken to
Community Health Centre, Gohana, wherefrom they were
referred by PW-21 Dr. S.S. Gupta to PGIMS, Rohtak, where
Rajesh was declared brought dead. Other injured were admitted
in the hospital, and underwent medical treatment. On next day
at 7.30 a.m. police recorded statement of PW-4 Bhale Ram
(injured/complainant) and on its basis registered First
Information Report No. 224 on 1.12.1998 relating to offences
punishable under Sections 148, 149, 302, 307 and 323 IPC
5. PW-17 Inspector Ram Prakash conducted the investigation.
He went to the spot, prepared site plan (Ex. PS), collected
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blood-stained earth, and three used cartridges. He also took
dead body of Rajesh in his custody, and prepared inquest report
(Ex. PC). The body was sent in sealed condition for post mortem
examination. PW-3 Dr. Vimal Kumar Sharma conducted
autopsy. Meanwhile PW-14 Dr. Rajesh Saini prepared medico
legal reports (Exs. PL, PM, PN, PO and PP) in respect of injured
Sanjay, Kamlesh, Kishni, Meena and Bhale Ram, and also that of
accused Daya Kishan (Ex. DA).
6. On completion of investigation, charge sheet was filed
against accused Pohla @ Sat Narain, Kishan, Ajmer, Raj Singh @
Raja and Daya Kishan for their trial in respect of offences
punishable under Sections 148, 302, 307 and 323 read with
Section 149 IPC. Pohla @ Sat Narain was further charged in
respect of offence punishable under Section 27 Arms Act, 1959.
The case was committed to the Court of Session. On 25.5.1999,
after hearing the parties, the Sessions Judge framed charge in
respect of above offences against all the five accused to which
they pleaded not guilty and claimed to be tried.
7. It appears that during the trial when the accused were on
bail, two except Daya Kishan and Raj Singh @ Raja (present
appellant) absconded. After the stage of 313 of Code of Criminal
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Procedure (CrPC), appellant Raj Singh @ Raja also jumped the
bail, and was declared proclaimed offender. As such, trial of
accused Daya Kishan was concluded vide judgment and order
dated 19.1.2004, passed by the Sessions Judge, whereby said
accused was convicted and sentenced under Sections 148, 302,
307 and 323 read with Section 149 IPC.
8. Subsequently, when Raj Singh @ Raja (present appellant)
was re-arrested, his case proceeded further from the stage of 313
CrPC. In defence DW-1 Dr. Gaurav Bhardwaj, DW-2 Bhan
Singh, DW-3 Khazan Singh and DW-4 Dr. S.S. Gupta were
examined. Two doctors proved the injuries found on person of
Daya Kishan, suffered by him at the time of the incident. After
hearing the parties, the trial court (Sessions Judge, Sonepat),
vide judgment and order dated 10.10.2005 passed in Sessions
Case No. 121 of 1999/2003, convicted and sentenced accused
Raj Singh @ Raja also, under Sections 148, 307 and 323 read
with Section 149 IPC.
9. Convicts Daya Kishan and Raj Singh @ Raja filed Criminal
Appeal Nos. 277-DB of 2004 and 152-DB of 2006 respectively
before the High Court. Both the appeals were heard together and
disposed of vide common judgment and order dated 21.8.2006
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whereby the two appeals were dismissed. Convict Daya Kishan,
through special leave, filed Criminal Appeal No. 879 of 2007
before this Court, which was disposed of, vide judgment and
order dated 22.4.2010. Said appeal of Daya Kishan was partly
allowed by this Court and his conviction and sentence under
Section 302 read with Section 149 IPC was set aside. However,
his conviction and sentence under Section 148 IPC and under
Sections 307 and 323 both read with Section 149 IPC was
affirmed. Said decision of this Court in Daya Kishan v. State
of Haryana is reported in (2010) 5 SCC 81.
10. It is relevant to mention here that this appeal, which is also
filed by another convict Raj Singh @ Raja in the year 2007
(through S.L.P. (Crl.) No. 8281 of 2007) remained undisposed of.
Both the appeals have arisen out of the common order passed by
the High Court. These relate to the same incident. Prosecution
evidence as against both the accused was recorded in Sessions
Case No. 121 of 1999/2003. Both the accused are said to have
been armed with lathies. Daya Kishan said to have assaulted
Bhale Ram (complainant) and the present appellant said to have
assaulted PW-11 Kamlesh. Needless to say that Pohla @ Sat
Narain said to have fired the shot at Rajesh, who died of the
injuries. This Court, in its judgment and order dated 22.4.2010
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in Criminal Appeal No. 879 of 2007 (filed by Daya Kishan) has
discussed that after the quarrel between PW-10 Sanjay and
accused Kishan, all the accused assembled to teach lesson to
Sanjay. It is discussed in the appeal decided by this Court that
there was no common object on the part of other members of the
unlawful assembly with accused Pohla @ Sat Narain to commit
murder of Rajesh (deceased). The shot was fired at him by Pohla.
Role of the present appellant Raj Singh @ Raja and that of Daya
Kishan, both of whom were armed with lathies, is similar. As
such, the case of the present appellant is identical to the case of
Daya Kishan, already decided by this Court.
11. For the reasons, as discussed above, this appeal also
deserves to be partly allowed, for the reasons mentioned in
Criminal Appeal No. 879 of 2007 decided by this Court on
22.4.2010.
12. Accordingly, in the light of decision in the appeal of
co-accused Daya Kishan, conviction and sentence of the
appellant recorded by the trial court in respect of offence
punishable under Section 302 read with Section 149 IPC is set
aside. He is acquitted of charge of offence punishable under
Section 302 read with Section 149 IPC. However, his conviction
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and sentence in respect of other offences punishable under
Section 148 IPC, and under Sections 307 and 323 both read with
Section 149 IPC are affirmed. The appeal stands disposed of.
………………….....…………J. [Dipak Misra]
.………………….……………J. [Prafulla C. Pant]
New Delhi; November 20, 2015.