Krishan Kumar & ORS v. State Of Haryana
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH Date of decision: 14.07.2025 Krishan Kumar and Others
...Petitioners
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE
Present:
Mr. Pankaj Nanhera, Advocate, For the appellants.
Mr. Aditya Pal Singla, AAG, Haryana.
Mr. Yogesh Vashisth, Advocate, for the complainant.
****
, J. (Oral) 1.
The present appeal has been preferred against the judgment of conviction dated 30.03.2016 and order of sentence dated 06.04.2016, passed by the Court of Additional Sessions Judge, Kaithal, whereby all the present appellants were convicted for the offence punishable under Sections 148, 452, 307, 323, 325, 506 read with Section 149 IPC and were sentence to undergo as under: - Under Section Punishment Fine In default thereof U/s 307 R/W Section 149 IPC RI for 7 years Rs.20,000/- SI for 1 year U/s 325 R/W Section 149 IPC RI for 3 years Rs.5,000/- SI for 3 months U/s 452 R/W Section 149 IPC RI for 3 years Rs.3,000/- SI for 2 months U/s 506 R/W Section 149 IPC RI for 2 years Rs.2,000/- SI for 1 months U/s 148 IPC RI for 2 years Rs.2,000/- SI for 1 months U/s 323 R/W Section 149 IPC RI for 6 months Rs.500/- SI for 15 days
2.
Brief facts of the case are that on 06.06.2012 at about 5:30 am, when complainant/injured Satpal along with his brother Satta, cousin Ishma and other family member was sleeping in the courtyard of their house and at that time he was serving grass to the cattle, then Vijay, Krisha, Rajmal, Vikash, Rajender sons of Bharthu and Bharthu son of Shadi came and started hurling abuses. He tried to pacify them, but they said that they have stolen the relics of Shishpal from the cremation ground and today they will take revenge. In the meantime, Tara, Jagira sons of Bhagtu, Ishwar son of Tara, Jai Narain, Jassi son of Jagira also came to their house and accused Vijay gave a gandasi blow on his left leg. Upon it, he raised hue and cry. Then Krishan gave a brick blow on his chest.
Thereafter Rajmal gave a lathi blow on his shoulder, Vikash gave a lathi blow on his head. On hearing his noise, his brothers came at the spot. All the above-named persons in furtherance of their common object caused injuries to him and his family members. Because of sustaining injuries, all of them fell down on the ground. On hearing their noise of mardia-mardia, his son Pawan Kumar and relative Bhim Singh resident of village Kuchpura attracted at the spot and rescued them from the clutches of the accused and thereafter rushed them to general hospital, Kaithal. While leaving the spot, the accused threatened them with dire consequences of death. He prayed for taking legal action against the culprits. On the basis of above statement, formal FIR was registered.
After completion of Investigation and trial, the appellants have been convicted and sentenced as mentioned above. 3.
At the very outset, learned counsel for the appellants submits that in the present case, the main accused was Jagira who caused head injury with the help of gandasi on head of Ishma (brother of complainant) but he was exonerated by the police during investigation of the case. Remaining applicants-appellants faced trial and were convicted vide judgment dated
30.3.2016 for offence punishable under Section 307, 323, 325, 452, 506 with the aid of Section 149 IPC and also under Section 148 IPC and sentenced to imprisonment.
Being aggrieved by the aforesaid judgment and order, the applicants-appellants filed the present appeal, however, during the pendency of the appeal, the matter has been compromised between the parties and to this effect, the applicants-appellants have moved an application (CRM-142822017). Further, complainant-Satpal has died in the meantime and now remains only two witnesses namely Ishma and Satta and both of them along with LRs of Satpal (complainant) are having no objection if the present appeal is decided in light of the aforesaid compromise. He further submits that appellants were ordinary villagers and they are staying peacefully for the last several years. In appropriate cases, this Court can always exercise the extra ordinary powers of this court, conferred under Section 482 Cr.P.c. to secure the ends of justice.
Learned counsel for the appellants also referred to the judgments passed by the Hon'ble Supreme Court in the matter of "Ramgopal and another vs. State of Madhya Pradesh", 2021 (4) R.C.R. (Criminal) 322, Narinder Singh Vs. State of Punjab 2014 (2) RCR (Criminal) 482, in support of his contention.
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4.
Learned counsel appearing on behalf of the respondent/complainant stated that he has no objection in case the offences are ordered to be compounded by this Court as the parties have amicably resolved all their disputes and they may be permitted to compound the offences and the appellants in the present appeal may be ordered to be acquitted.
5.
I have heard learned counsel for the parties and perused the paper book carefully.
6.
In the present case, the appellants as well as the complainant side and injured belong to the same village. From a perusal of the facts of the case, it is evident that there was no per-planning and the occurrence had taken place at the spur of the moment over a trivial issue. But now for the last several years, all living in the village peacefully. 7.
Learned counsel appearing on behalf of the respondent/complainant, on instructions from the injured, submitted that he has no objection in case the criminal proceedings are annulled by this Court,
while exercising its extra-ordinary jurisdiction under Section 482 Cr.PC on the basis of compromise between the parties. Even the original compromise deed is already available in the file of connected case. Thus, by exercising the powers under Section 482 Cr.PC the parties are allowed to compound the offences, in view of the judgment passed by the Hon'ble Supreme Court in the matter of Ramgopal's case (Supra).
8.
Accordingly, the appeal is allowed and the impugned judgment of conviction dated 30.03.2016 and order of sentence dated 06.04.2016, passed by the Court of Additional Sessions Judge, Kaithal are set aside and the appellants are ordered to be acquitted of the charges. The bail bonds of all the appellants stand discharged and they may be released from custody, if not on bail and if not required in any other case. All pending applications, if any, are also disposed off, accordingly.
( ) &'( 14.07.2025 anil Whether speaking/reasoned :
Yes / No Whether reportable :
Yes / No