Punjab-Haryana High Court
Mangat Ram @ Manga vs State Of Punjab on 18 July, 2011
Author: Hemant Gupta
Bench: Hemant Gupta
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
(1) Crl. Appeal No.601-DB of 2002
Mangat Ram @ Manga.
....... Appellant through
Ms. Tanu Bedi,
Advocate- Amicus
Curiae.
Versus
State of Punjab.
...... Respondent through
Shri D.S.Sidhu,
Additional Advocate
General, Punjab.
(2) Crl. Appeal No.790-DB of 2002
Sat Pal @ Bittu
....... Appellant through
Ms. Tanu Bedi,
Advocate- Amicus
Curiae.
Versus
State of Punjab.
...... Respondent through
Shri D.S.Sidhu,
Additional Advocate
General, Punjab.
Date of Decision: 18.7.2011
CORAM: HON'BLE MR.JUSTICE HEMANT GUPTA
HON'BLE MR.JUSTICE VIJENDER SINGH MALIK
....
Crl.Appeal No.601-DB of 2002
-2-
....
1. Whether Reporters of Local Newspapers may be
allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the
Digest?
....
VIJENDER SINGH MALIK,J.
Mangat Ram alias Manga and Sat Pal @ Bittu ( referred to hereinafter as `the appellants') have preferred their respective appeals against a common judgment of their conviction dated 24.2.2002 passed by learned Sessions Judge, Amritsar (hereinafter referred to as `the trial court') holding them guilty for an offence punishable under sections 450, 302/34, 307/34 and 392 of the Indian Penal Code,1860 (for short `the I.P.C.') and the order of sentence of the same date vide which the following sentences have been awarded to them:-
For offence punishable To undergo imprisonment for under section 302/34 of life and to pay a fine of the I.P.C. Rs.500/- each.
In default of payment of fine, to further undergo rigorous imprisonment for three months each.
For offence punishable To undergo rigorous under section 450 of imprisonment for ten years the I.P.C. and to pay a fine of Rs.500/- each. In default of payment of fine, to further undergo rigorous imprisonment for three months each. Crl.Appeal No.601-DB of 2002 -3- .... For offence punishable To undergo rigorous under section 307/34 of imprisonment for seven years the I.P.C. and to pay a fine of Rs.500/- each. In default of payment of fine, to further undergo rigorous imprisonment for three months each. For offence punishable To undergo rigorous under section 392 of imprisonment for seven years the I.P.C. and to pay a fine of Rs.500/- each. In default of payment of fine, to further undergo rigorous imprisonment for three months each.
All the substantive sentences were ordered to run concurrently. The case brought against the appellants by Police Station, Civil Lines, Amritsar is as under:-
Hind Kumar son of Anant Kumar, a resident of Kothi No.101, Shivala Colony, Amritsar (referred to hereinafter as `the complainant') has been working as commission agent at Fruit Market, Amritsar. On 6.3.1998 at about 3.00 P.M., the complainant went to kothi of Dr.Dutta at Basant Avenue, Amritsar for medical check up of his father, Anant Ram. His wife, Nisha Sharma, aged about 38 years and his daughter Payal, aged about 14 years were present in the house. His son, Nakul used to return home from school at about 3.00 P.M. When he started with his father from his house for the doctor, his son had not returned home. He returned home at about 4.00 P.M. in the evening and saw his wife lying dead on a double bed in a pool of Crl.Appeal No.601-DB of 2002 -4- ....
blood. Ornaments were lying scattered on the bed. He came to know that his son Nakul had also been injured by the unknown persons. He further came to know that his son was first taken to Rana Clinic from where he was sent to Civil Hospital, Amritsar for treatment.
Gurbachan Singh, Inspector/ S.H.O., Police Station, Civil Lines, Amritsar received information on telephone about the murder of a woman by dagger blows. He took other police officials with him and reached the house of the complainant. He recorded statement, Exhibit PF of the complainant. He made his endorsement Exhibit PF/1 on the same and sent it to the police station on which formal F.I.R. Exhibit PF/2 was recorded by Hardev Singh, A.S.I. Special reports of the case were sent to higher authorities through Darshan Singh, Constable. Gurbachan Singh, Inspector called the finger print expert, dog squad and photographer to the spot. Prithipal Singh, Finger Print Expert, Kuldip Singh of Dog Squad and Harvinder Singh, constable/ photographer reached the spot. Jugal Kishore, a private photographer also reached the spot. Photographs of the spot were taken. Gurbachan Singh, Inspector then examined the spot and noticed a woman lying in pool of blood in one of the bed rooms of the house. He also noticed the drawer of an almirah lying open. He found sheath of a kirpan lying near the dead body and had noticed the gold jewellery lying scattered in the bed room. He noticed foot prints Crl.Appeal No.601-DB of 2002 -5- ....
on the blood in the room. The prints were of a shoe, chappal and foot of a child. He also noticed foot prints on blood in the stairs. Prithipal Singh, Sub Inspector developed the finger prints on the drawer, almirah and sheath of kirpan. Prithipal Singh prepared his report Exhibit PJ and handed over the same to Gurbachan Singh, Inspector. Gurbachan Singh then prepared inquest report in respect of the dead body. He had sent the dead body of Nisha Sharma for post mortem examination through Lekh Raj, A.S.I. He then prepared a rough site plan of the place of occurrence. He lifted blood from the floor of the room and had put it in a tin box and gave it the shape of a sealed parcel. He took the same into possession by way of recovery memo Exhibit PX. He also took into possession a bed sheet and a pillow cover which were blood stained and took them into possession by way of recovery memo Exhibit PY after giving them the shape of a sealed parcel. He then took into possession sheath of kirpan by way of recovery memo Exhibit PZ after converting the same into a sealed parcel. A list of gold ornaments, lying scattered in the room, was prepared and the ornaments were handed over to the complainant vide memo Exhibit PQ. The wooden drawer of the almirah was converted into a parcel and was taken into possession by way of a recovery memo. A kirpan was found lying in the lawn of the house. The sketch of the same (Exhibit PBB) was prepared and was given the shape of a Crl.Appeal No.601-DB of 2002 -6- ....
parcel and was taken into possession by way of recovery memo Exhibit PBB/1. Gurbachan Sintgh, Inspector also recorded the statements of Sushma and Shikha, wife and daughter respectively of Harish Kumar, brother of the complainant.
On the basis of secret information about Sat Pal, appellant, Gurbachan Singh, Inspector raided a shop situated at Queen Road, Amritsar where he used to work earlier. He was not found available there. On the same day, he arrested not only Sat Pal, appellant, but Mangat Ram, appellant also from near Ganda Nala (drain) near Gurdwara Baba Deep Singh. Gurbachan Singh, Inspector conducted personal search of Sat Pal, appellant and recovered from him 92 currency notes of the denomination of Rs.100/- each which were blood stained. The same were given the shape of a sealed parcel and were taken into possession vide recovery memo Exhibit PGG.
Then personal search of Mangat Ram, appellant was conducted. From him, 20 currency notes of the denomination of Rs.500/- each, 2 currency notes of the denomination of Rs.50/- each, two of the denomination of Rs.10/- each, a one rupee note and a coin of Rs.5/- were recovered. They were also blood stained. From the possession of Mangat Ram, appellant, 13 tickets of lottery on which maruti metro was written, were also recovered. They were given the shape of a parcel and were sealed and were taken into possession vide recovery Crl.Appeal No.601-DB of 2002 -7- ....
memo Exhibit PDD. Sat Pal, appellant was found wearing jersy, shirt and trousers which were blood stained. The same were taken from the person of Sat Pal,appellant and were given the shape of a sealed parcel and were taken into possession vide recovery memo Exhibit PFF. The statements of witnesses were recorded.
On the same day, at about 10.30 P.M., Gurbachan Singh, Inspector went to Muni Lal Choptal Hospital, Amritsar and sought information from the doctor about the fitness of Nakul Sharma to make statement vide application Exhibit PEE. He was declared unfit to make statement by the doctor vide Exhibit PEE/1. Thereafter, Gurbachan Singh, Inspector returned to the police station and deposited the case property with seals intact with the M.H.C. He added offences punishable under sections 354, 450 and 307 of the I.P.C. to the case.
On 7.3.1998, Gurbachan Singh, Inspector again went to Muni Lal Chopra Hospital, Amritsar where he found Nakul Sharma fully conscious and talking to his relatives. He recorded his statement. There, the clothes taken from the dead body of Nisha Sharma were produced before him. They were given the shape of a sealed parcel and were taken into possession vide a recovery memo. He also got the appellants medico-legally examined from the doctor.
In his statement made to Gurbachan Singh, Inspector, Crl.Appeal No.601-DB of 2002 -8- ....
Nakul Sharma stated that on 6.3.1998 at about 3.00 or 3.15 P.M., he came back home from his school. When he was talking with his mother Nisha Sharma, Bittu, who had worked in their kothi for fixing glasses some time earlier was seen entering the room along with another boy of dark complexion. They took out small kirpans from under their jersies and they asked his mother to hand over whatever money or jewellery she had in her possession. The boy with dark complexion caught hold of Nakul Sharma and they started extending threats of killing them. Nisha Sharma told Bittu to leave her son and that she would give him money. They, however, did not release Nakul Sharma. Bittu had drawn money and jewellery from almirah lying nearby. When Nisha Sharma protested, Bittu and his companion started giving blows with their kirpans. When Nakul Sharma started raising noise, the boy with dark complexion closed his mouth and the two gave him kirpan blows which had hit him on his forehead, below his eye, on his right hand and upper lip, as also his teeth. Nisha Sharma fell on the bed and Nakul Sharma also became unconscious. Then Bittu called his companion by name Mangia and told him to come out. Mangia then asked Sat Pal, appellant to secure the money. In the meanwhile, call-bell of the house rang and both the persons climbed the stairs and went out.
On 8.3.1998, Gurbachan Singh, Inspector interrogated Crl.Appeal No.601-DB of 2002 -9- ....
Mangat Ram, appellant who disclosed that he had kept concealed a kirpan under the bricks under Hussainpura bridge. He offered to get the same recovered. Gurbachan Singh, Inspector recorded the disclosure statement of Mangat Ram, appellant, Exhibit PHH which was signed by him and attested by the witnesses. In pursuance of this disclosure statement, Mangat Ram, appellant led the police party to the indicated place and got the kirpan recovered therefrom. A sketch of the kirpan Exhibit PHH/1 was prepared and after converting it into a sealed parcel, the same was taken into possession vide recovery memo, Exhibit PHH/2. Gurbachan Singh, Inspector prepared a rough site plan of the place of recovery. He recorded the statements of the witnesses to the recovery and on return to the police station, he deposited the same with the M.H.C. The operation notes of Nakul Sharma were also collected. The finger prints of the two appellants were obtained on 4.5.1998 under the orders and in the presence of the Chief Judicial Magistrate, Amritsar. On completion of investigation, challan against the appellants was prepared by Gurbachan Singh, Inspector.
Charge was framed against the appellants for the offence punishable under sections 450, 302/34,307/34 and 392 of the I.P.C. vide order dated 15.6.1998 by the trial court to which they pleaded not guilty and claimed trial.
Crl.Appeal No.601-DB of 2002 -10- ....
The prosecution has examined seventeen witnesses in all at the trial. The reports of the Finger Print Bureau and the F.S.L. were tendered in evidence and the evidence of the prosecution came to a close. The appellants were examined thereafter in terms of section 313 of the Code of Criminal Procedure, 1973 (for brevity, `the Cr.P.C.'). They denied the truth of the prosecution evidence put to them in the shape of questions except for the police proceedings about which they pleaded lack of knowledge. They have claimed themselves to be innocent and to have been falsely implicated. They did not lead any evidence in their defence.
Hearing learned Public Prosecutor for the State and learned counsel for the defence, the trial court found the appellants guilty for the aforesaid offence vide the impugned judgment. Hearing on quantum of sentence was given on the same date and the sentence detailed as above, had been awarded to the appellants. Aggrieved by the same, the appellants have brought their independent appeals.
We have heard Ms. Tanu Bedi, learned amicus curiae for the appellants and Shri D.S.Sidhu, learned Additional Advocate General, Punjab for the respondent-State. We have also gone through the record carefully.
Learned amicus curiae has submitted that the prosecution has tried to introduce evidence in the shape of the statements of Nakul Crl.Appeal No.601-DB of 2002 -11- ....
Sharma, PW13, Shikha, PW15 and Sushma, PW12 to the effect that Sat Pal, appellant had worked in their house for about a month regarding fixing of glass-panes and the other appellant had been coming to their house with him. According to her, as is the case of the prosecution, the houses of the complainant and his brother, Harish Kumar are joint to the extent that they have one lawn and they are having joint roof. According to her, if this occurrence had taken place and Nakul Sharma, who is the injured victim saw the assailants in action and other witnesses saw them leaving the house with naked and blood stained kirpans, the names of the assailants or at least the name of Sat Pal, appellant should not have been missing from the F.I.R. got recorded by the complainant after reaching his house. According to her, the absence of the name of Sat Pal, appellant and the description of the other appellant from the F.I.R. shows that it is a case of blind murder. She has also wondered about the link provided to Gurbachan Singh, Inspector between the occurrence and the appellants on account of which he arrested them. She has submitted that there is nothing apparent on the record on account of which it could be said that the investigating officer came to know about the involvement of the two appellants. She has further submitted that this very circumstance makes the case of the prosecution against the appellants doubtful.
Learned amicus curiae has further submitted that Crl.Appeal No.601-DB of 2002 -12- ....
Gurbachan Singh, Inspector while coming to the place of occurrence, had called the forensic team in pursuance of which Prithipal Singh, Finger Print Expert, Amritsar visited the spot and developed thumb impressions on the drawer of the almirah and the sheath of a kirpan. Referring us to the statement of Prithipal Singh, S.I., PW3, she has submitted that he had encircled the finger prints developed by him on the above said articles and had put his initials in those circles. According to her, Prithipal Singh, S.I. had then asked the investigating officer to get prepared wooden boxes for the parcels and had advised the investigating officer to send those parcels to Finger Print Bureau, Phillaur by hand through special messenger as soon as possible because the utility of the impressions was to be examined after preparing photographs of the finger print impressions in Finger Print Bureau, Phillaur. She has submitted that it having been done on 6.3.1998 and it is strange to note that the parcels were sent to Finger Print Bureau on 15.4.1998. According to her, as is apparent from Exhibit PJ, the report of Prithipal Singh, S.I., the parcels were bearing one seal each of `GS'. She has drawn our attention to Exhibits PJJ and PJJ/1 where these sealed parcels are reported to have six seals of `GS' each. She has submitted that this circumstance clearly shows that the parcels were changed in the meanwhile and the evidence of the finger print expert about matching of the finger prints found on the drawer Crl.Appeal No.601-DB of 2002 -13- ....
of almirah with the finger prints of the appellants would carry no value.
The next submission of the learned amicus curiae is that there was no reason for the finger prints of the appellants to appear on the drawer of the almirah. According to her, as stated by Nakul, PW13, the drawer was opened by Nisha Sharma, deceased and it was she who gave money to the assailants because they were threatening to kill Nakul, her son. She has submitted that in this way, the appellants are not claimed to have touched the drawer of the almirah and, therefore, there was no reason for appearance of their finger prints thereon.
Learned amicus curiae has further submitted that if the evidence of finger print expert is excluded from consideration, then the identification of the appellants in the court as culprits by the witnesses would have no evidentiary value because no test identification parade of the appellants had been got conducted in this case before the witnesses. She has submitted that in that event, the circumstance of clothes of Sat Pal, appellant found to be blood stained and the recovery of the blood stained currency notes would have no relevance to the charge framed against the appellants. She has, thus, submitted that learned trial court has placed reliance on inadmissible evidence and she has submitted that the conviction of the appellants Crl.Appeal No.601-DB of 2002 -14- ....
for the offence charged against them is ill-founded.
On the other hand, learned Additional Advocate General, Punjab has submitted that the complainant found the police at his house when he returned after visiting the doctor. He also found his wife lying dead on the bed in his house and he saw ornaments scattered, blood splattered and everything in such situation that he could not even think of consulting the other inmates of the house before making statement to the police. According to him, the complainant made the statement to the police soon after his reaching the house and the name of Sat Pal, appellant has come in the statements of Shikha and Sushma on the same day and the appellants have also been arrested on the same day. He has further submitted that the report of Prithipal Singh, S.I. cannot be interpreted to mean that there was one seal each on the parcels of the drawer and sheath of kirpan. According to him, the evidence of the prosecution clearly rules out any possibility of meddling with the recovered drawer and sheath on which finger prints were developed by Prithipal Singh, S.I. He has submitted that the evidence of the prosecution in this case clearly shows the presence of the appellants at the spot at the time of occurrence and the appellants have failed to explain their presence at the spot at the time of occurrence and they could not escape the verdict of guilt in any manner.
Crl.Appeal No.601-DB of 2002 -15- ....
The first question that arises for determination is as to whether Nakul Sharma, Shikha and Sushma are introduced witnesses. The question, in other words, is as to whether it is a case of blind murder and robbery. It is a fact that the names of the two appellants or even that of Sat Pal, appellant does not appear in the F.I.R., Exhibit PF/2. The statement of the complainant is required to be examined to answer this question. The complainant has appeared as PW9. After stating that he came home on 6.3.1998 and took his father to Dr. Dutt at Basant Avenue, Amritsar, he has stated that he returned home at 4.00 P.M. and saw many persons standing outside his house. He came to know from them that some body had caused injuries to his wife Nisha and his son Nakul. He entered the house and found his wife lying dead on a double bed. He noticed jewellery lying scattered near the dead body and further noticed many injuries on the body of his wife. He has then stated that he came home when the police had reached his house. The police recorded his statement Exhibit PF. The statements of Shikha, PW15 and Sushma, PW16 were also recorded by Gurbachan Singh, Inspector on the same day before the arrest of the appellants. The sequence of events emerging from the prosecution evidence rules out any attempt on the part of the police or any one else to introduce witnesses or falsely implicate the appellants.
Gurbachan Singh, Inspector, therefore, had the name of Crl.Appeal No.601-DB of 2002 -16- ....
one of the appellants before him in the statements of Sushma and Shikha and it was sufficient for him to link appellant, Sat Pal @ Bittu with the crime. He raided a shop at Queen Road, Amritsar only in search of Sat Pal, appellant. All these things make it clear that there was no mystery about the name of culprits for Gurbachan Singh, Inspector who tried unsuccessfully to lay his hands on Sat Pal, appellant and thereafter arrested both the appellants. This is not something strange and thus, sufficient to create doubt about the story of the prosecution.
Shikha and Sushma claimed to have seen the culprits. They knew one of them by name, having worked at their house for one month and knew the other by face as companion of the first. No time was taken by Gurbachan Singh, Inspector in recording their statements. Law does not require the F.I.R. to contain each and every detail of an occurrence. So, absence of the names of the appellants in the F.I.R. is not sufficient to shatter the case of the prosecution.
The statement of Nakul, injured/ victim of the occurrence examined as PW13 at the trial was recorded by Gurbachan Singh, Inspector at Muni Lal Chopra Hospital, Amritsar on 7.3.1998. He must have seen the assailants as he had suffered multiple injuries. If it can be assumed for a moment that the assailants were not known to him, the question would arise as to why he would falsely implicate Sat Crl.Appeal No.601-DB of 2002 -17- ....
Pal, appellant. Sat Pal, appellant, in his statement recorded under section 313 of the Cr.P.C. has not given any reason for his false implication. He did not admit having worked at the house of the complainant as glass panes fixer. He did not plead about any dispute between him and the complainant over some payment or the quality of work done by him. He does not give any explanation whatsoever for his false implication in this case. In the absence of any such explanation, the statements of Nakul, PW13, Shikha, PW15 and Sushma, PW16 cannot be suspected with regard to the identity of the assailants.
Prithipal Singh, S.I., PW3 was called to the spot by the investigating officer. He is a finger print expert and he had found some finger prints on the drawer of almirah and the sheath of a kirpan. He prepared report, Exhibit PJ in this regard mentioning that he encircled the developed finger prints and initialed them in the circles. He did not prepare photographs of the impressions and advised the investigating officer to send the parcels to Finger Print Bureau, Phillaur by special messenger. He has stated in Exhibit PJ that the parcels of those articles were sealed with the seal `GS'. He nowhere says that one seal impression was made on each parcel. The statement that the parcels were sealed with seal `GS' does not convey that only one seal impression was there on each parcel. The Crl.Appeal No.601-DB of 2002 -18- ....
submission of learned amicus curiae in this regard is misconceived. Had it been the statement of Prithipal Singh, S.I., PW3 that one seal impression each was put on the parcels, then it would have come in direct conflict with Exhibit PJJ/1 where it is mentioned that two sealed parcels were received from Senior Superintendent of Police, Amritsar on 15.4.1998 with six intact seals with impression `GS'. So, there is no apparent conflict between the statement of Prithipal Singh, S.I., PW3 and his report, Exhibit PJ on the one hand and the report of the F.S.L. Exhibit PJJ/1 on the other hand.
It is true that finger prints were developed on 6.3.1998 and despite the instructions of Prithipal Singh, S.I. to arrange their sending to Finger Print Bureau, Phillaur immediately, they were sent on 15.4.1998. From this very circumstance, it cannot be inferred that the parcels were interfered with and the appellants were made to handle the parcels to leave their finger prints thereon. This is, moreover, not the defence of the appellants. There is evidence of the investigating officer and the M.H.C. to the effect that the sealed parcels were not tempered with till they were sent to the F.S.L. There is no reason to doubt this evidence of the prosecution and, therefore, this piece of evidence of the prosecution cannot be discarded.
Once the reports Exhibits PJJ and PJJ/1 clearly prove that one thumb impression each of the two appellants had been found on Crl.Appeal No.601-DB of 2002 -19- ....
the drawer of the almirah found at the scene of crime and if the finger prints found on that object are of the appellants, they can not deny their presence at the spot by any stretch of reasoning.
The submission that test identification parade of the appellants was not arranged by the investigating officer before the witnesses would, therefore, lose all its significance in the presence of this evidence.
As noticed above, it was one of the submissions of learned amicus curiae that there was no reason for the finger prints of the appellants to appear on the drawer of the almirah. It has been submitted by her that Nakul, PW13 has stated that the drawer of the almirah was opened by his mother and it was she who gave money to the assailants because they were threatening to kill him. In this connection, the statement of Nakul, PW13 is to be scrutinized. He has stated that Mangat Ram, appellant had caught hold of him and his mother told the appellants that she would give them money and had prayed for releasing his son. He has further stated that his mother then took out money and jewellery from the almirah and threw the same on the bed lying in the room. This statement on the part of Nakul supports the submission of learned amicus curiae. However, it cannot be believed that after Nisha had taken out her belongings from the almirah and threw the same on the bed, the appellants would not Crl.Appeal No.601-DB of 2002 -20- ....
have tried to look into the drawer for anything remaining therein. It has come in evidence that Nisha Sharma, deceased raised noise on which the appellants gave her kirpan blows. Seeing this, Nakul, PW13 raised noise and the appellants gave blows to him also with kirpan. Thereafter, the appellants may have handled the drawer to find if anything valuable was left therein which they could take away.
Though not pointed out, yet the presence of ornaments at the spot appears to be strange. The robbers, who were desperate enough to cause murder cannot be expected to have been satisfied with the currency notes. They cannot be believed to have left the ornaments at the spot, which is almost liquid cash. However, on a consideration of the fact appearing in the statement of Nakul, PW13 that call bell of their house rang on account of which the appellants escaped by going to the roof of the house and coming down from the stairs of the house of Harish Kumar, his uncle, this suspicion clears. They may have panicked hearing the call bell from which they could anticipate arrival of some one. In a hurry to escape, they may have failed to collect the ornaments lying scattered on the bed. So, the presence of the ornaments at the spot does not create a doubt about the truth of the prosecution version.
Considering the entire evidence of the prosecution in the light of the rival submissions of learned amicus curiae and learned Crl.Appeal No.601-DB of 2002 -21- ....
Additional Advocate General, we find no reason to interfere with the judgment of conviction and the order of sentence passed by learned trial court. Consequently, the appeals are dismissed.
(HEMANT GUPTA ) ( VIJENDER SINGH MALIK)
JUDGE JUDGE
JULY 18,2011
"SCM"