Balbir Singh’s men clash with opposing party

Punjab-Haryana High Court

Sukhvir Singh @ Mithu vs State Of Punjab on 31 October, 2012

No.40893 of 2012 in [1] CRA No.590-DB of 2011\r\n\r\nSukhvir Singh

http://www.indiankanoon.org/doc/791358/\

Mithu v. State of Punjab Present : Mr. G.S. Sidhu, Advocate for the applicant/appellant. Mr. S.S. Dhaliwal, Addl. A.G., Punjab.Mr. Sudhir Sharma, Advocate for the complainant.Heard counsel for the parties.\r\n\r\nThe Crl. Misc. application has been filed seeking suspension of sentence of imprisonment of the applicant/appellant Sukhvir Singh @ Mithu during the pendency of the appeal. Sikander Singh, complainant has alleged that on 23.6.2008 he along with his brother Balwinder Singh (deceased in the case) and one Paramjit Singh were going on a Hero Honda motorcycle from Chhauni of Baba Budha Dal, Talwandi Sabo to their house from the side of the bazar (market). Balwinder Singh (deceased), brother of the complainant was driving the motorcycle. At about 1.30 p.m. when they had reached near the Mandir, Kuldip Singh alias Deepi (accused No.6), his brother Soni (accused No.1), Karamjit Singh alias Kalu (accused No.3), Sukhvir Singh alias Mithu (accused No.5) (applicant/appellant) and Harbans Singh (accused No.4) armed with CRM No.40893 of 2012 in [2] CRA No.590-DB of 2011 ‘kirpans\’, besides, Kala Singh (accused No.2) and Jabarjang Singh (accused No.7) armed with \’dangs\’ along with one unidentified person came from their front side. Jabarjang Singh (accused No.7) and Kala Singh (accused No.2) raised a \’lalkara\’ not to let Balwinder Singh etc. go alive and they be taught a lesson for helping Baba Balbir Singh. Balwinder Singh (deceased) stopped his motorcycle and the complainant side i.e. Sikander Singh, complainant, Balwinder Singh and Paramjit Singh got down from it. In the meanwhile, Kuldip Singh (accused No.6) gave a \’kirpan\’ blow on the person of Balwinder Singh which hit him on his right shoulder. Soni (accused No.1) gave a \’kirpan\’ blow which hit Balwinder Singh on his left shoulder. Sukhvir Singh alias Mithu (applicant/appellant) gave a \’kirpan\’ blow which hit Balwinder Singh on his right knee. Harbans Singh (accused No.4) gave a \’kirpan\’ blow which hit Balwinder Singh on his left elbow. Balwinder Singh fell down. Then Karamjit Singh alias Kalu (accused No.3) gave a \’kirpan\’ blow on the left wrist of Balwinder Singh. Thereafter all the accused inflicted injuries with their respective weapons on the person of Balwinder Singh while he lay on the ground. When Sikander Singh, complainant and Paramjit Singh raised an alarm of \’na maro na maro\’, the accused chased them away. They got scared and ran away from the place of occurrence. Balwinder Singh was shifted to Civil Hospital, Talwandi Sabo by one Inderjit Singh, where he succumbed to CRM No.40893 of 2012 in [3] CRA No.590-DB of 2011 his injuries. The motive behind the occurrence, according to the complainant, was that they were the followers of Baba Balbir Singh, Chief of Budha Dal whereas accused were the followers of the opposite party of Baba Dayal Singh. The accused had murdered Balwinder Singh only on account of the grudge that the complainant side were followers of Baba Balbir Singh. The learned trial Court after considering the evidence and material on record has convicted the accused for the offences under Sections 148 and 302 read with Section 149 IPC. They have been sentenced to imprisonment for life for the offence under Section 302 read with Section 149 IPC, besides, pay a fine of Rs.5000/- each and in default thereof to undergo imprisonment for a period of one year. They have also been sentenced to rigorous imprisonment for two years, besides, pay a fine of Rs.2000/- and in default thereof, to undergo imprisonment for one month for the offence under Section 148 IPC.\r\n\r\nLearned counsel for the applicant/appellant Sukhvir Singh @ Mithu has inter alia contended that Sukhvir Singh @ Mithu (applicant/appellant), in terms of the prosecution case is attributed a \’kirpan\’ blow on the right knee of Balwinder Singh (deceased). However, Dr. Satish Jindal, Medical Officer, Children and Women Officer, Bathinda (PW1) found injury No.3 to be an incised wound 6 x 1.5 cm over left leg just above the knee. CRM No.40893 of 2012 in [4] CRA No.590-DB of 2011 It was bone deep and clotted blood was present. Underlying bone was intact. It is submitted that in fact the applicant/appellant Sukhvir Singh @ Mithu was not at the place of occurrence at the time of the alleged incident and therefore, a false injury has been attributed to him. A reference has been made to the depositions of Darshan Singh (DW-8) and Baldev Singh Mann, Ex-Minister (DW-9) to contend that the applicant/appellant Sukhvir Singh @ Mithu was present at Gurudwara Barisiana Sahib, Dirba, Tehsil Sunam from where trucks of wheat were flagged off to Hazur Sahib in the presence of Darshan Singh (DW-8) and Baldev Singh Mann, Ex-Minister (DW-9). Thereafter, the applicant/appellant went along with the trucks to Hazur Sahib. It is submitted that the learned trial Court has given undue weightage to the alleged discrepancies in the depositions of Darshan Singh (DW-8) and Baldev Singh Mann, Ex-Minister (DW-9) inasmuch as the latter had stated that the applicant/appellant was with him from 12.30 noon to 2.30 p.m. when the trucks of wheat were flagged off, whereas Darshan Singh (DW8) stated that on 23.6.2008 between 1.30 p.m. to 2.45 p.m. he along with applicant/appellant Sukhvir Singh @ Mithu remained at the petrol pump of Jiwan Lal to get fuel filled in all the trucks which were ten in numbers. Thereafter, the trucks left for Hazur Sahib at 3.30/4.00 p.m. It is submitted by learned counsel for the applicant/appellants that Dirba is a small town and a person is not expected to CRM No.40893 of 2012 in [5] CRA No.590-DB of 2011\r\n\r\nbe present all the time at one place only and he can go in between to get fuel filled in the trucks at the petrol pump. Besides, it is a matter of fact that the place of occurrence is about 150 kms from Dirba where the applicant/appellant was present. It is also submitted that the allegations of misuse of parole as made in the affidavit of Sh. Jagwant Kumar Sharma, Superintendent District Jail Sangrur has been reconsidered and the period of over-stay of parole has been condoned vide certificate dated 22.10.2012 which has been submitted in Court during the course of hearing. In the two cases that are registered against the applicant/appellant it is submitted that he is on bail in both the cases. In response, learned State counsel and the learned counsel for the Complainant have opposed the application for suspension of sentence of imprisonment. It is submitted that the application for suspension of sentence of imprisonment in respect of Baljit Singh @ Kala (accused No.2) who has only been attributed a \’lalkara\’ in the incident that occurred has been dismissed as withdrawn by this Court on 12.12.2011 and then again on 22.5.2012. Besides, it is submitted that after the FIR in the present case was registered in respect of the incident that occurred on 26.3.2008, the applicant/appellant committed offences punishable under Sections 420, 468 and 471 IPC and FIR No.13 dated 3.2.2010 stands registered against him at Police Station Makhu. Besides, another case for the offences punishable under Sections 307, 120-B and 149 CRM No.40893 of 2012 in [6] CRA No.590-DB of 2011 IPC stands registered against the applicant/appellant at Police Station Talwandi Sabo vide FIR No.52 dated 15.4.2007. It is further submitted that the injury on the knee has been attributed to the applicant/appellant on the person of Balwinder Singh (deceased) and except for the applicant/appellant, no other accused has been attributed an injury on the knee. Therefore, the fact that in the FIR it is stated that injury was inflicted on the right knee is inconsequential. It is also submitted that the plea of alibi raised by the applicant/appellant has rightly been disbelieved by the learned trial Court in view of the inconsistent depositions of Darshan Singh (DW8) and Baldev Singh Mann, Ex-Minister (DW-9).We have given our thoughtful considerations to the contentions of the learned counsel for the parties. It is not in dispute that in the FIR, the injury attributed to the applicant/appellant as per the prosecution case is on the right knee of Balwinder Singh (deceased). However, Dr. Satish Jindal, Medical Officer (PW-1) found an injury on the left leg just above the knee. Besides, the plea of alibi that has been raised would require consideration as the place of incident from where the applicant/appellant is stated to be present is about 150 kms away. The inconsistencies that have been held by the learned trial Court would also require a closer examination. In terms of the affidavit of Sh. Jagwant Kumar Sharma, CRM No.40893 of 2012 in [7] CRA No.590-DB of 2011\r\n\r\nSuperintendent District Jail Sangrur, the applicant/appellant has undergone imprisonment of two years, six months and nineteen days as on 18.9.2012. At present he has undegone imprisonment of about 2 years and 8 months. The appeal is of the year 2011 and is not likely to mature for hearing in the near future.The contentions of the learned counsel for the respondent- State and the Complainant that the application for suspension of sentence of imprisonment of Baljit Singh alias Kala (accused No.2) has been dismissed even though only a \’lalkara\’ has been attributed to him, it may be noticed that the Crl. Misc. No.43201 of 2011 was dismissed as withdrawn on 12.12.2011 and Crl. Misc. 25145 of 2012 was dismissed as withdrawn on 22.5.2012. It was observed in the said order dated 22.5.2012 that in terms of the affidavit of the Superintendent District Jail Mansa that had been filed, Baljit Singh alias Kala (accused No.2) had undergone imprisonment of one year, ten months as on 21.5.2012, moreover, there were two other cases registered against him for the offences under Sections 364-A and 120-B IPC, besides, Section 25 of the Arms Act and another case for the offence under Section 25 of the Arms Act. The said cases were registered on 17.5.2010 and 24.5.2010. In the present case, the applicant/appellant is on bail in the two cases that are registered against him. One case stands registered against the applicant/appellant on CRM No.40893 of 2012 in [8] CRA No.590-DB of 2011 15.4.2007 at Police Station Talwandi Sabo for the offences under Sections 307, 120-B and 149 IPC and second case has been registered on 3.2.2010 at Police Station Makhu for the offences under Sections 420, 468 and 471 IPC. In the affidavit that was initially filed by the Superintendent, District Jail, Sangrur it was submitted that the applicant/appellant had misused parole with effect from 29.5.2012 to 7.6.2012. A certificate of the Superintendent, District Jail, Sangrur has been submitted in Court in which it is stated that in the explanation the convict (applicant/appellant) produced his medical report before the then Superintendent Jail who was satisfied with the explanation given by him and nine days of overstay of parole has been condoned by the then Superintendent Jail and no punishment was given to him for the overstay of his parole. Therefore, it may be noticed that keeping in view the role attributed to the applicant/appellant that is of inflicting an injury on the right knee of Balwinder Singh where as per the medical report, an injury on the left knee was found. Besides, the plea of alibi raised and the period of imprisonment undergone by him as also the fact that the appeal is not likely to mature for hearing in the near future, it would be just and expedient to suspend his sentence of imprisonment.Accordingly, the Crl. Misc. application is allowed and the sentence of imprisonment of the applicant/appellant Sukhvir Singh @ Mithu CRM No.40893 of 2012 in [9] CRA No.590-DB of 2011 shall, during the pendency of the appeal, remain suspended subject to his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Bathinda.

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