Himachal Pradesh High Court
State Of Himachal Pradesh vs Rattan Singh on 20 May, 2016
Author: Rajiv Sharma
Bench: Rajiv Sharma, Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Cr. Appeal No. 560 of 2012
Reserved on: May 19, 2016.
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Decided on: May 20, 2016.
State of Himachal Pradesh ......Appellant.
Versus
Rattan Singh .......Respondent.
Coram
The Hon'ble Mr. Justice Rajiv Sharma, Judge.
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
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Whether approved for reporting? 1 Yes.
For the appellant: Mr. Neeraj K. Sharma, Dy. AG.
For the respondent: Mr. Vinay Thakur, Advocate.
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Justice Rajiv Sharma, J.
rt This appeal is instituted at the instance of the State against the judgment/order dated 2/3.8.2012, rendered by the learned Addl. Sessions Judge (FTC), Shimla, H.P. in Sessions Trial No. 1-S/7 of 2011, whereby the respondent-accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Section 302 IPC, has been convicted and sentenced under Section 304 Part II IPC for rigorous imprisonment for three years and to pay fine of Rs. 5,000/- and in default to further undergo simple imprisonment for a period of six months.
2. The case of the prosecution, in a nut shell, is that on 22.7.2010 at about 11:30 PM, MO Civil Hospital, Jubbal informed the police telephonically that one dead body was brought to the hospital.
After receiving the information SHO along with other police officials went to the Civil Hospital, Jubbal where one Prem Singh s/o Manjhu 1 Whether the reporters of the local papers may be allowed to see the judgment? Yes.
::: Downloaded on - 15/04/2017 20:24:13 :::HCHP 2Ram got his statement recorded under Section 154 Cr.P.C. He informed the police that for the last five years, he was working as road roller .
driver with Rajinder Singh Negi alias Bittu, Contractor. One Avtar Singh, resident of Uttrakhand, was also driver of truck/tipper and working with Rajinder Singh Negi for the last three years. The metalling/tarring work of Barthata-Mural road was in progress. They of hired accommodation at Batar Galu in the house of one Rinku. On 22.7.2010 at about 9:30 PM, he along with Avtar Singh had dinner in the hotel of Viru Nepali. After taking dinner, they were returning to rt their quarter. While on way to their rented accommodation, Avtar Singh desired to smoke with Rattan Singh, resident of Bihar and running a barber shop at Batar Galu. Rattan Singh had also hired accommodation in the building of Rinku. Avtar Singh knocked at the shutter of the shop of Rattan Singh. Rattan Singh opened the shutter and at that time one Nepali was also along with him. The moment Avtar Singh asked about his well being, Rattan Singh replied in anger and asked him as to why he was kicking shutter of his shop. An altercation took place between both of them. In the process, Rattan Singh opened the drawer of his shop and took out a scissor and stabbed Avtar Singh on his chest. Avtar Singh fell down in the shop.
Rattan Singh threw the scissor on the spot and ran away towards Barthata. After hearing noise, Chhotu, Aju, Sanjay and other workers of Rajinder contractor came to the spot and caught hold of Rattan ::: Downloaded on - 15/04/2017 20:24:13 :::HCHP 3 Singh near the shop of one Pankaj Chhajta at Batar Galu. They took Avtar Singh in a Pick-up vehicle to Jubbal hospital for treatment. The .
doctor declared him "brought dead". The dead body was brought to IGMC, Shimla and post mortem examination was conducted. The accused made disclosure statement to the effect that the concealed scissor was in his shop in a drawer and he could get the same of recovered. The scissor was recovered. On completion of the investigation, challan was put up before the Court after completing all the codal formalities.
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3. The prosecution, in order to prove its case, has examined as many as twenty one witnesses. The accused was also examined under Section 313 Cr.P.C. According to him, he did not stab the deceased. He admitted that he had altercation with deceased on the matter as to why he had kicked his shutter. During the scuffle, he fell down on the ground along with Avtar and something pricked the chest of Avtar Singh. He is innocent and he did not run away from the spot.
The learned trial Court convicted the accused under Section 304 Part II IPC, as noticed hereinabove. Hence, this appeal.
4. Mr. Neeraj K. Sharma, Dy. Advocate General, appearing on behalf of the State, has vehemently argued that the prosecution has proved the case under Section 302 IPC against the accused. On the other hand, Mr. Vinay Thakur, Advocate, has supported the judgment/order of the learned trial Court dated 2/3.8.2012.
::: Downloaded on - 15/04/2017 20:24:13 :::HCHP 45. We have heard learned counsel for both the sides and gone through the judgment and records of the case carefully.
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6. Prem Singh, PW-1 is the material witness. He testified that he was working as roller driver with Rajinder Singh Negi alias Bittu for the last about four years. Rajinder Singh Negi was a Govt. contractor for the metalling of the road known as Batar Galu-Barthata. On of 22.7.2010 at about 9:30 PM, he along with Avtar Singh had dinner in the hotel of Viru Nepali. After taking dinner, they were returning to their quarter. While on the way to their rented accommodation, Avtar rt Singh desired to smoke with Rattan Singh, resident of Bihar and running a barber shop at Batar Galu. Rattan Singh had also hired accommodation in the building of Rinku. Avtar Singh knocked at the shutter of the shop of Rattan Singh. Rattan Singh opened the shutter and at that time one Nepali was also along with him. The moment Avtar Singh asked about his well being, Rattan Singh got furious and asked him as to why he was kicking his shutter of the shop. Avtar tried to pacify the accused and after holding the accused, he little bit dragged him towards himself. An altercation took place between both of them. In the process, Rattan Singh opened the drawer of his shop and took out a scissor and stabbed Avtar Singh on right side of his chest. Avtar Singh fell down on the ground. After hearing commotion, Chhotu, Aju, Raju and Prem etc. came to the spot. They initially took Avtar to the Medical Officer who used to run Clinic in the same building ::: Downloaded on - 15/04/2017 20:24:13 :::HCHP 5 but he told them that it was a serious matter and they should take him to Jubbal. They took Avtar Singh in a Pick-up vehicle to Jubbal .
hospital for treatment. The doctor declared him "brought dead". The police recorded is statement vide Ext. PW-1/A. On 23.5.2010, the police took the accused to Batar Galu and he was also called. The statement of the accused was recorded by the police at Batar Galu.
of The statement was signed by him and Kanwar Singh. The accused was taken to Jubbal by the police but before that he led the police to his shop and got recovered the scissor. However, at the time of recovery he rt was not there. The police prepared the sketch of the scissor and wrapped it in a cloth parcel. In his cross-examination, he deposed that Avtar Singh used to drink. It took about 45-60 minutes in taking the deceased to the hospital. He did not give any first aid to Avtar Singh.
7. Arvind alias Chotu, PW-2 deposed that on 22.7.2010, at about 9:30 PM after taking dinner, he was resting in his room. He heard noise which was emanating from the ground floor of the building.
As such, he rushed to the balcony of his room and found that wordy duel was taking place between accused and Avtar Singh in front of the shop of the accused. At that time, Prem Singh was present in the ground floor. He came out of his room and went to the ground floor.
When he was on the stairs, scuffle commenced between the accused and Avtar Singh. The accused was carrying scissor and he hit the deceased with it on his chest. Because of the injury, Avtar Singh fell ::: Downloaded on - 15/04/2017 20:24:13 :::HCHP 6 unconscious on the ground. The accused put scissor in the drawer of his shop and fled away. Prem Singh, Sanjay and Aju chased the .
accused and caught him. In his cross-examination, he deposed that when he reached the spot, accused had fled away. Sanjay was the first man who reached the spot on hearing commotion. After Sanjay, he reached the spot and thereafter, Raju, Aju, another Prem, Neeraj and of Mahesh reached the spot. They brought the accused to his shop.
8. Balbir Singh, PW-3 has also deposed that on 22.7.2010, at about 9:30 PM Prem Singh and Avtar Singh took dinner in his hotel rt and then left. After some time, he heard loud noise coming from the side of Rakesh Kumar. He went towards the building of Rakesh Kumar and saw that Avtar Singh was lying unconscious in front of the shop of accused. He was having a wound on his right side of chest. The doctor declared him brought dead. In his cross-examination, he deposed that he saw scissor Ext. P-3 for the first time on 23.7.2010 when the accused handed over it to the police.
9. Prem Kumar Thapa, PW-4 has also deposed that on 22.7.2010, he heard noise coming from the side of barber's shop. He reached the spot. When he was on the stairs, he saw Avtar Singh collapsing in front of the shop of accused. On reaching the spot, he saw a wound on the right side of the chest of Avtar. When they were looking after Avtar Singh at the spot, accused went inside his shop and he fled away from there.
::: Downloaded on - 15/04/2017 20:24:13 :::HCHP 710. Rakesh Kumar, PW-5 deposed that on 22.7.2010, at 10:00 PM, he received phone call from Balbir that his tenants had quarreled .
with each other. Initially, he did not bother much, but on the second phone call of Balbir that accused had inflicted a wound with scissor, he came to his shop and found that some of the tenants and the accused were sitting in the Pick-up vehicle of Pradeep Sanjta. In his cross-
of examination, he testified that he reached the spot after 20-25 minutes of getting the call. In the evening of 22.7.2010, Santosh was in their house, but he did not inquire from him about the matter. He admitted rt further in his cross-examination that Santosh had told him that the accused at the relevant time was preparing food in his shop when he visited there and the accused told Santosh that he should take dinner with him. Santosh also told that when they were inside the shop, some persons kicked at the shutter of his shop repeatedly. Santosh also told him that as soon as the shutter was opened, a wordy duel started taking place and Santosh came to their house.
11. Kanwar Singh, PW-7 testified that on 22.7.2010 at 10:00 PM, he was in his residence at Jubbal, when Prem Singh driver of road roller telephonically informed him that accused Rattan Singh had inflicted a wound with scissor on Avtar Singh. Doctor declared Avtar Singh as "brought dead". Avtar Singh had wound on right side of his chest.
::: Downloaded on - 15/04/2017 20:24:13 :::HCHP 812. Dr. Piyush Kapila, PW-8 was one of the members of the Board which was constituted for conducting post mortem examination .
of the deceased. The time that elapsed between injury and death was opined to be immediate and that between death and post mortem was opined to be around 36 hours. The deceased died due to ante mortem stab injury to great vessel (pulmonary trunk) leading to cardiac of temponade and hemothorax and death. He gave his final opinion vide Ext. PW-8/E. Further, in his cross-examination, he admitted that when they conducted autopsy, scissor Ext. P-3 was not shown to them.
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13. HC Piare Lal, PW-14 deposed that on 22.7.2010 at 11:30 PM on the intimation of Medical Officer, CH Jubbal, he along with Const. Avinash and SHO Pritam Singh went to CH, Jubbal. They found Avtar lying dead on the bed. The SHO prepared inquest papers. SHO then recorded the statement of Prem Singh under Section 154 Cr.P.C.
vide Ext. PW-1/A.
14. ASI Ravinder Lal, PW-15 got the statement of accused recorded under Section 164 Cr.P.C. from JMIC, Jubbal on 2.8.2010.
15. ASI Rikhi Ram, PW-16 deposed that after 11:30 AM, on that day, accused made a disclosure statement that he had kept scissor, used in the offence, in the drawer of his shop at Batar Galu.
The statement was recorded in writing by SHO. It was also signed by the accused and another witness vide Ext. PW-1/C. The accused led to his shop, opened the shutter and got recovered the scissor from the ::: Downloaded on - 15/04/2017 20:24:13 :::HCHP 9 drawer. Memo to this effect was prepared vide Ext. PW-3/A. Sketch of the scissor was also prepared.
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16. Jia Lal, PW-18 deposed that he was working as Tehsildar, Jubbal since June, 2008. On 18.12.2010, SHO, PS Jubbal came to him and prayed that he had to get the scissor identified from Prem and Ashwani. The scissor was brought to his office in a sealed parcel which of was sealed with seal DKG. He opened the parcel and on its opening there was another sealed parcel, sealed with seal of FSL. He opened the parcel and scissor was taken out.
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17. Dr. Sumeet Attri, PW-19 has conducted preliminary examination of the body.
18. SHO Pritam Singh, PW-20 testified that on 22.7.2010 at 11:30 PM, MO, CH Jubbal telephonically informed that one dead body was brought in the hospital and necessary action be taken. The information was reduced into writing. He went to the spot. Statement of Prem Singh, PW-1 was recorded vide Ext. PW-1/A. Thereafter, FIR was registered. The photographs were taken. The body was taken into possession by him. Autopsy was got conducted. The disclosure statement made by the accused under Section 27 of the Indian Evidence Act was recorded vide Ext. PW-1/C. The accused led them to the spot and after opening the drawer, got the scissor recovered used in the offence. In his cross-examination, he admitted that the shop of the accused was not locked when they reached there. It has come in the ::: Downloaded on - 15/04/2017 20:24:13 :::HCHP 10 investigation that the accused was not quarrelsome person and he had no dispute with anyone in that area.
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19. JMIC, Shimla, Sh. Arvind Kumar has recorded the statement of Santosh Thakur under Section 164 Cr.P.C. vide Ext. P-
14.
20. According to Prem Singh, PW-1, he along with deceased of Avtar Singh was going to their residence. Avtar Singh desired to smoke with the accused. The accused opened the shutter and asked the deceased as to why he was kicking his shutter. Scuffle between both of rt them took place and in the process, accused gave blow of scissor on the right side of the chest of deceased Avtar Singh. The deceased fell down on the ground. He was taken to the hospital and was declared "brought dead" by the doctor. The accused made disclosure statement on the basis of which scissor was got recovered.
21. The accused was seen giving stab injury to deceased Avtar Singh by Prem Singh, PW-1. Arvind alias Chotu, PW-2 has also seen the accused hitting the deceased on his chest with scissor. The prosecution has duly proved the manner in which the injury was inflicted on the person of deceased Avtar Singh. The wordy duel had taken place between the accused and the deceased. The accused was furious as Avtar Singh had kicked his shutter of the shop. It has also come on record that the deceased tried to pacify the accused and after holding the accused, he little bit dragged him towards himself. There ::: Downloaded on - 15/04/2017 20:24:13 :::HCHP 11 was no pre-meditation. The accused has inflicted one injury on the right side of the chest of the deceased. He has picked up scissor which .
was lying in his shop. There was also no enmity between the parties.
SHO Pritam Singh, PW-20 has admitted as per the investigation that the accused was not quarrelsome person and he had no dispute with anyone in that area.
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22. The deceased has died as a result of ante mortem stab injury to great vessel (pulmonary trunk) leading to cardiac temponade and hemothorax. There was exchange of hot words between deceased rt and the accused and it was only in the heat of passion that accused gave scissor blow on the right side of the chest of the deceased. The accused had the knowledge that if the blow is given on the chest with a scissor, it could lead to death of Avtar Singh. He had no intention to kill the deceased. Everything has happened in a spur of moment. Thus, there is no illegality in the judgment/order dated 2/3.8.2012, rendered by the learned trial Court vide which the accused has been convicted under Section 304 Part-II IPC instead of Section 302 IPC.
23. Accordingly, there is no merit in this appeal and the same is dismissed. Bail bonds are discharged.
( Rajiv Sharma ), Judge.
May 20, 2016, ( Vivek Singh Thakur ),
(karan) Judge.
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