Punjab-Haryana High Court
Hardeep Singh And Another vs State Of Punjab And Another on 5 May, 2010
Author: Mehtab S.Gill
Bench: Mehtab S.Gill
Criminal Appeal No.888-DB of 2009 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.
Hardeep Singh and another APPELLANTS
VERSUS
State of Punjab and another RESPONDENTS
CORAM : HON'BLE MR.JUSTICE MEHTAB S.GILL
HON'BLE MR.JUSTICE ARVIND KUMAR
Present:- Mrs.Baljit Mann, Advocate and Shri Amol Rattan Singh Mann,
Advocate for Hardeep Singh appellant No.1(in Cr.A.888-DB/2009).
Shri Himmat Singh Shergill, Advocate for appellant No.2
(in Cr.A.888-DB of 2009).
Shri Baldev Singh, Senior Advocate with Shri Sudhir Sharma,
Advocate for appellant Subhash Bansal (in Cr.A.827-DB of 2009).
Mrs.Manjri Nehru Kaul, Additional A.G. Punjab assisted by
Shri Raj Kumar Gupta, Advocate.
MEHTAB S.GILL, J.
We will be deciding Criminal Appeals No.888-DB of 2009 and 827-DB of 2009 by this common judgment, as they arise out of the same judgment/ order dated 10.9.2009 of the learned Sessions Judge, Faridkot whereby he convicted SI Hardeep Singh son of Ram Singh, ASI Gurcharan Singh son of Criminal Appeal No.888-DB of 2009 -2- Sarban Singh and Subhash Chander Bansal son of Raghunath Dass under Section 302 read with Section 34 I.P.C. and sentenced them to undergo imprisonment for life and to pay fine of Rs.5000/- each, in default, to further undergo RI for one year.
Gurmail Singh D.S.P. son of Kartar Singh was acquitted by the learned trial Court. No appeal has been filed against his acquittal either by the complainant or the State.
The case of the prosecution is unfolded by the complaint Ex.P5 filed by Gopal Singh alias Pal Singh. In the complainant it has been stated that he is a resident of Talwandi Chowk, Faridkot, where his wife Manjit Kaur, daughter Jaswinder Kaur(deceased) aged 18 years, another daughter Babli aged 16 years and son Dharminder Singh aged 13-1/2 years also reside with him. Complainant was working as a Mason. His wife and daughter were working as singers and were doing stage shows on festivals and occasions of marriages. About 5-1/2 months back, the complainant sub-let one of his rooms on the first floor to Hardeep Singh ASI of CIA Staff, Faridkot. Hardeep Singh after some time using his official position started threatening the complainant and his family. He started boasting that he had killed 60/70 women/girls and after raping them, sent them home blind- folded. The bodies of the deceased were thrown into canals. Accused Hardeep Singh ASI started keeping an evil eye on complainant's wife and daughters. Accused Gurmail Singh D.S.P. also came to the room of Hardeep Singh ASI and both the accused cast their evil eyes upon the wife and daughters of the complainant. Further, to harass the complainant accused Gurmail Singh D.S.P. arrested two Instrument Players of the complainant's wife's team, but later on released them. He further told the wife of the complainant, that the only way to save these instrument players was that the complainant along with his daughters should accompany both the accused i.e. Hardeep Singh and Gurmail Singh, so that Criminal Appeal No.888-DB of 2009 -3- they could have sexual relations with them. A complaint alongwith a affidavit of his wife was filed to the higher authorities. This annoyed both Gurmail Singh D.S.P. and Hardeep Singh ASI and both of them threatened that they would now be liquidated. Complainant's wife then asked Hardeep Singh ASI accused to vacate the room on the first floor, but he kept occupying it forcibly. About 3-1/2 months prior to the complaint which was filed on 3.9.1997, Hardeep Singh ASI tried to molest Jaswinder Kaur(deceased) daughter of the complainant. Complainant happened to be there and rescued her. Since no action was taken against both the accused Gurmail Singh D.S.P. and Hardeep Singh inspite of the complaint being given, the complainant and his wife got scared and kept quite. About 3 months back Hardeep Singh ASI and Gurmail Singh D.S.P. who were fully drunk, came in civil dress to the complainant's house and they asked the complainant to send his daughter Jaswinder Kaur(deceased) with them and they offered a sum of Rs.20,000/- to be given as gifts. They stated that they would arrange for a bigger house, where the complainant and his wife could live. Complainant and his family got scared and refused to send his daughter. On this Gurmail Singh D.S.P. got infuriated and hatched a conspiracy with Hardeep Singh ASI along with Gurcharan Singh ASI and Subhash Chander Bansal to abduct and rape complainant's daughter. On 14.6.1997 at about 11 a.m. Hardeep Singh ASI, Gurcharan Singh ASI and Subhash Chander Bansal along with an unknown woman came to the complainant's house when the complainant was away at work. Complainant's wife was also not at home. At that time complainant's younger daughter Babli alias Preet aged 16 years was in the bathroom and complainant's son Dharminder Singh aged 13-1/2 years had gone to the market to get ice. The accused asked complainant's daughter Jaswinder Kaur to accompany them. Jaswinder Kaur rebuked them and a heated exchange of words took place. Thereafter Hardeep Singh ASI caught hold of Jaswinder Kaur and dragged her Criminal Appeal No.888-DB of 2009 -4- into the room which had been given to him. They gagged the mouth of Jaswinder Kaur and shut the doors from inside the room. Meanwhile, complainant's son Dharminder Singh who had gone to the market to get ice, came back. On seeing that Jaswinder Kaur was not there and on hearing some noise in the room, he peeped from the window and saw Hardeep Singh ASI carrying a kerosene can in his hand and standing in front of Jaswinder Kaur, while she was being forcefully held from her arms by Subhash Chander Bansal and Gurcharan Singh ASI. Hardeep Singh ASI had a revolver in his other hand and he was threatening her. Hardeep Singh told Jaswinder Kaur that he had come under the orders of Gurmail Singh D.S.P. Thereafter Hardeep Singh ASI poured kerosene oil on Jaswinder Kaur and set her on fire with a match-box.
The above occurrence was seen by Dharminder Singh son of the complainant and Babli daughter of the complainant. Hardeep Singh accused then threatened both Dharminder Singh and Babli to keep quite. In the meanwhile, Gurcharan Singh ASI and Subhash Chander Bansal fled away. Flames were seen by the neighbourers and a hue and cry was made by Dharminder and Babli. Flames on the body of the deceased were extinguished by the neighbourers. As Jaswinder Kaur was conscious, she told the story to her father i.e. the complainant. She died in the hospital on the same day and in the hospital one ASI Surjit Singh took her thumb impressions on some piece of paper which was blank. Complainant and his children did not report the matter to the higher authorities as they were threatened by accused Hardeep Singh ASI and Gurmail Singh D.S.P. The matter was reported at a later stage, but the police did not do anything. Accused Hardeep Singh ASI and Gurmail Singh DSP came along with one HC Satpal and threatened them not to report the matter to anyone. Complaints had been sent by the complainant's wife along with a sworn affidavit to the D.C. Faridkot, D.G.P. Punjab and other authorities, but they were withdrawn as the complainant's wife Criminal Appeal No.888-DB of 2009 -5- was being threatened of dire consequences.
The complainant to prove his case, brought into the witness-box Gopal Singh PW-1, Babli PW-2, Dharminder Singh PW-3 and Dr.Sarabjit Singh Sandhu PW-4.
The accused in their defence, examined Lachhman Singh DW-1, Ajmer Singh Brar Advocate DW-2, Gursewak Singh DW-3, Surjit Singh DW-4, Davinder Pal Singh Advocate DW-5, Gulshan Kumar Manchanda Advocate DW-6 and Balbir Singh Khaira S.P.(C.P.) DW-7.
Mrs.Baljit Mann, learned counsel for appellant Hardeep Singh ASI has argued that the dying declaration Ex.D5 was recorded on 14.6.1997 by SI Surjit Singh DW-4. Qua this dying declaration, D.D.R. Ex.D5/A was recorded at 2.40 p.m. and the statement of Manjit Kaur mother of deceased Jaswinder Kaur was also recorded. Both in the dying declaration and the statements of Manjit Kaur as well as Gopal Singh PW-1, the death of Jaswinder Kaur was shown to be accidental. This statement was recorded under Section 174 Cr.P.C.
The occurrence had taken place on 14.6.1997 at 11 a.m. in the house of the deceased at Talwandi Chowk, Kotkapura. Jaswinder Kaur was taken to the hospital and she died at 6.45 p.m. on the same day. Complaint Ex.D9 was lodged on 3.7.1997 before the J.M.I.C., Faridkot by Manjit Kaur mother of the deceased. This complaint Ex.D9 was withdrawn on 2.8.1997 after the statement of Manjit Kaur was recorded by the J.M.I.C., Faridkot. A second complaint Ex.D5 was lodged on 3.9.1997 by Gopal Singh PW-1 father of the deceased before the J.M.I.C., Faridkot.
An application Ex.D7 was moved by the police and it was declared by Dr.Sarabjit Singh Sandhu PW-4 on 14.6.1997 at 1.25 p.m. that Jaswinder Kaur was fit to make a statement. It is thereafter that the dying declaration Ex.D5 was recorded. Endorsement of Dr.Sarabjit Singh Sandhu PW-4 is Ex.D5/A. The first Criminal Appeal No.888-DB of 2009 -6- complaint Ex.D9 was dismissed as withdrawn on 2.8.1997. In the second complaint Ex.D5 two eye-witnesses were introduced i.e. Babli PW-2 sister of the deceased and Dharminder Singh PW-3 brother of the deceased.
In the complaint dated 3.7.1997 Ex.D9 Manjit Kaur stated that at the time of occurrence her husband was not at home and her son Dharminder Singh had gone to the market to get ice. Appellants Hardeep Singh ASI, Gurcharan Singh ASI and one woman came to her house in the Chaubara. They demanded the keys which were firstly refused, but later on given to Hardeep Singh ASI. She further stated that she heard the shrieks from the room and saw her daughter burning. This complaint was withdrawn a month later.
On 3.9.1997, a second complaint Ex.D5 after a gap of 2-1/2 months of the occurrence was lodged with the J.M.I.C. by Gopal Singh PW-1. This was drafted by a legal brain. Inspite of that, there are gaping holes between the first complaint Ex.D9 and the second complaint Ex.D5. In the second complaint dated 3.9.1997 Ex.D9 Manjit Kaur has not been shown as being present. Gopal Singh PW-1 has stated that he also was not present, but only Jaswinder Kaur deceased, Babli PW-2 and Dharminder Singh PW-3 were present. It has been stated that only appellant Hardeep Singh ASI put Jaswinder Kaur on fire.
Manjit Kaur who had filed the complaint Ex.D9, was not brought into the witness-box when the evidence in the second complaint Ex.D5 was recorded, for the sole reason that she would have been confronted with her earlier version, which would have demolished the prosecution story. Dharminder Singh PW-3 and Babli PW-2 are eye-witnesses to the occurrence.
Their version comes for the first time before the Court in November, 2008 after a gap of 12 years. The occurrence had taken place in the year 1996. Babli PW-2 has stated that she came out from the bathroom and peeped into the room where Jaswinder Kaur was burning. Complainant Gopal Singh PW-1 has Criminal Appeal No.888-DB of 2009 -7- stated that Babli PW-2 told him the story while he was going to the hospital. Nothing of this sort has been mentioned in the complaint Ex.D9.
Gursewak Singh DW-3 who is the cousin brother (Mama's son) of Manjit Kaur has stated that Jaswinder Kaur caught fire accidentally.
Learned counsel has further argued that these glaring discrepancies in the case of the prosecution show that a false case has been foisted on appellant Hardeep Singh ASI as he was a police official and was staying in the next room on the first floor in the same house where complainant Gopal Singh PW-1 and his family was staying. She has further argued that it has come in evidence that Dharminder Singh PW-3 himself had a shaddy past.
Shri Himmat Singh Shergill, learned counsel for appellant Gurcharan Singh ASI has stated that he adopts the arguments put forward by Mrs.Baljit Mann, learned counsel for appellant Hardeep Singh and has further stated that nothing has come on record that Gurcharan Singh ASI set the deceased on fire.
Shri Baldev Singh, learned counsel for appellant Subhash Chander Bansal has argued that affidavit Ex.D1 was given by Gopal Singh. In the affidavit Ex.D2 given by Manjit Kaur, she stated that Subhash Chander Bansal did not commit any offence. Gopal Singh PW-1 has been duly confronted by these affidavits in cross-examination, which he has not denied.
Learned counsel has further argued that Gopal Singh PW-1 has stated that Babli PW-2 told him that appellants Subhash Chander Bansal and Gurcharan Singh ASI caught hold of the arms of the deceased and Hardeep Singh ASI poured kerosene oil on her. Babli PW-2 in her testimony before the Court has stated that she saw from the window that Jaswinder Kaur had already been set on fire. She has not stated anything about the catching hold of Jaswinder Kaur by appellants Gurcharan Singh ASI and Subhash Chander Bansal.
Dharminder Singh PW-3 is a chance witness. He in his testimony Criminal Appeal No.888-DB of 2009 -8- before the Court has stated that on the day of occurrence he went to the market at 11.30 a.m. When he came back, he heard the shrieks and when he peeped into the room, he saw appellants Gurcharan Singh and Subhash Chander Bansal catching hold of the arms of Jaswinder Kaur deceased and appellant Hardeep Singh ASI setting her on fire, by pouring kerosene oil on her. In the earlier complaint Ex.D9 nothing has been stated about the catching hold of the deceased, though Dharminder Singh PW-3 in his statement before the Court has stated that he used to go with his mother to the courts when the earlier complaint Ex.D9 dated 3.7.1997 was filed. In fact, appellant Subhash Chander Bansal being President of the Ram Lila and complainant's family being members, wanted to take a bigger role in the Ram Lila which he refused and thus, he was falsely implicated in this case.
Shri Raj Kumar Gupta learned counsel for the complainant has argued that there were 95% burns on the person of the deceased. If the story of the defence is taken that a stove had burst in the kitchen, then the police would have collected the evidence of bursting of the stove and other articles and thereafter made a case of being an accidental death. The police did not go to the room to collect any evidence regarding bursting of stove. He has argued that it cannot be looked over that both the police officials Hardeep Singh ASI and Gurcharan Singh ASI were posted at Kotkapura and continuously in connivance with the other police officials, were harassing Jaswinder Kaur to have sexual relationship. They threatened her of dire consequences to the extent of Hardeep Singh ASI saying that he had murdered a number of persons and till date nobody has come to know. This was the reason that the complaint Ex.D9 was filed and then withdrawn and thereafter Gopal Singh PW-1 filed complaint Ex.D5. The statements of Babli PW-2 and Dharminder Singh PW-3 were recorded on 28.10.1997 in the preliminary evidence before the summoning of the accused in the second Criminal Appeal No.888-DB of 2009 -9- complaint Ex.D5.
Learned State counsel adopted the arguments of the learned counsel for the complainant.
We have heard the learned counsel for the parties and perused the record with their assistance.
Going by the sequence of events, it comes out that on the fateful day, Babli PW-2 and Dharminder Singh PW-3 who were alone in their house along with their sister Jaswinder Kaur, appellants Hardeep Singh ASI and Gurcharan Singh ASI came there. Hardeep Singh had taken a room on rent on the first floor and this room was next to the room where the family of Gopal Singh PW-1 was staying. Gopal Singh's family especially Jaswinder Kaur deceased, her mother Manjit Kaur and sister Babli PW-2 participated in Ram Lila and had a dancing troop of their own. Both Hardeep Singh ASI and Gurcharan Singh ASI harassed them to the extent that Jaswinder Kaur apart from taking her own life, did not have any other alternative course to take.
In his statement before the Court, Dharminder Singh PW-3 has stated that he had gone to the market to get ice and his father Gopal Singh PW-1 and mother Manjit Kaur were also not in the house. His two sisters Jaswinder Kaur and Babli PW-2 were in the house at that time. When he (PW-3) came back, he heard a noise from the portion rented out to appellant Hardeep Singh. He peeped into the room from the window and saw that appellants Subhash Chander Bansal and Gurcharan Singh were holding the hands of Jaswinder Kaur, while appellant Hardeep Singh was threatening her with a revolver in one hand and in the other hand, he was carrying a plastic can of kerosene oil. Thereafter Hardeep Singh ASI stated that as Jaswinder Kaur has not fulfilled his wishes, and he was doing this under the orders of Gurmail Singh D.S.P. (since acquitted) and thereafter Hardeep Singh Asi poured kerosene oil on Jaswinder Kaur. In his Criminal Appeal No.888-DB of 2009 -10- statement Dharminder Singh PW-3 has stated that Subhash Chander Bansal and Gurcharan Singh ASI ran away from the place of occurrence. Similar is the version put forward by Babli PW-2 who has stated that she was in the bathroom and when he came out, she saw accused Hardeep Singh ASI burning his sister Jaswinder Kaur. She has further stated that accused Hardeep Singh ASI was holding a can of kerosene oil and she saw that her sister was being threatened by Hardeep Singh ASI to concede to his wishes and if she did not agree to his wishes, she would be killed. Her sister refused to give way and Hardeep Singh ASI then put her on fire by pouring kerosene oil on her. Babli PW-2 has clearly stated that Subhash Chander Bansal did not put deceased Jaswinder Kaur on fire. Dharminder Singh PW-3 has stated that both Gurcharan Singh ASI and Subhash Chander Bansal caught hold of the deceased by the arms and thereafter Hardeep Singh ASI put her on fire.
Taking the statements of both these witnesses Babli PW-2 and Dharminder Singh PW-3 into consideration in totality, it comes out at that moment of time when the deceased put herself on fire, only Hardeep Singh ASI and Gurcharan Singh ASI were present. Her version that he (Hardeep Singh) put Jaswinder Kaur on fire, is not believeable. In fact what has happened, is that due to the harassment caused by appellants Hardeep Singh ASI and Gurcharan Singh ASI, she committed suicide by pouring kerosene oil on herself and lighting herself with a match-stick.
Learned counsel for the appellants have laid a lot of stress on the fact that the first complaint Ex.D9 and the second complaint Ex.D5 being filed after a gap of 2-1/2 months after withdrawing the first complaint Ex.D9, and this delay has not been explained by the prosecution. They have laid a lot of stress on the dying declaration Ex.D5 also which was recorded on 14.6.1997 where Jaswinder Kaur has stated that it is a case of accidental death by bursting of stove. We Criminal Appeal No.888-DB of 2009 -11- cannot overlook this fact that at the time of the dying declaration Ex.D5 being recorded and the first complaint being withdrawn, both Hardeep Singh ASI and Gurcharan Singh ASI were posted at Kotkapura. The dying declaration and the first complaint Ex.D9 being withdrawn, were both done at the instance of the appellants who were police officials posted in the same very town where deceased Jaswinder Kaur had died. This fact cannot be overlooked by us.
Jaswinder Kaur deceased as per the statement of Dr.Sarabjit Singh Sandhu PW-4 died of 95% burn injuries. He has further stated that her hands were also burnt. There are no traces of any sort of injury apart from burn injuries on the person of the deceased. If the stove theory is taken to be correct, the impact of the bursting of stove would have been so much that the metal substance of the stove would have injured the deceased at several places. 95% burn injuries only show that it was the deceased who poured kerosene oil on herself and then set herself ablaze. She committed suicide due to continuous harassment she faced from appellants Hardeep Singh ASI and Gurcharan Singh ASI for their sexual lust. Appellant Subhash Chander Bansal could not take any undue advantage of Jaswinder Kaur deceased as she was not in a position to do so. Nothing has come on record that appellant Subhash Chander Bansal had any sort of association in the present or past with appellants Hardeep Singh ASI or Gurcharan Singh ASI. Subhash Chander Bansal has been falsely implicated being President of the Ram Lila Committee and the complainant's family wanting to be permanently associated with the Ram Lila functions and Subhash Chander Bansal refusing to do so, he has been roped in.
We do not have any hesitation in coming to the conclusion that this is not a case of homicide, but is a case of suicide committed by Jaswinder Kaur after she was harassed for undue sexual favours by appellants Hardeep Singh ASI and Gurcharan Singh ASI.
Criminal Appeal No.888-DB of 2009 -12-
Criminal Appeal No.888-DB of 2009 Appellants Hardeep Singh son of Ram Singh and Gurcharan Singh son of Sarban Singh are convicted under Sections 306/34 I.PC. and are sentenced to undergo RI for 5 years. They are directed to pay a fine of Rs.25000/- each which shall be given to Gopal Singh alias Pal Singh son of Kala Singh father of the deceased, in default, to further undergo 1 year RI. With the above modification in conviction and sentence, Criminal Appeal No.888-DB of 2009 is dismissed.
Criminal Appeal No.827-DB of 2009 Appeal is allowed. Appellant Subhash Chander Bansal son of Raghunath Dass is acquitted of all the charges framed against him.
( MEHTAB S.GILL )
JUDGE
( ARVIND KUMAR )
May 5, 2010 JUDGE
GD
WHETHER TO BE REFERRED TO REPORTER? YES/NO