Punjab-Haryana High Court
Amandeep Singh @ Amna And Others vs State Of Punjab on 26 November, 2013
Author: Inderjit Singh
Bench: Inderjit Singh
Criminal Appeal No. D-174-DB of 2009 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Appeal No. D-174-DB of 2009
DATE OF DECISION : November 26, 2013
Amandeep Singh @ Amna and others ...Appellants
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR.JUSTICE M.JEYAPAUL
HON'BLE MR. JUSTICE INDERJIT SINGH
Present: Mr. Deepak Sabharwal, Advocate for the appellants.
Mr. S.S. Gill, Additional Advocate General, Punjab
for the State-respondent.
***
M.JEYAPAUL, J.
1. The accused were convicted under Section 302 and 201 of the Indian Penal Code (two counts). Aggrieved by the judgment of conviction and sentence passed by the trial court they have conjointly preferred the present appeal.
2. The case of the prosecution reads as follows:-
On 15.2.2007 PW4 Balbir Kaur's son Inderjit Singh @ Manga (since deceased) proceeded to the house of his friend Gurpreet Singh @ Gopi (since deceased). They were to get sim card for mobile phone sent to Gurpreet Singh by his mother from England. The family of Inderjit Singh and Gurpreet Singh searched for them but they could not Singh Parvinder 2013.12.03 10:27 I attest to the accuracy and integrity of this document Criminal Appeal No. D-174-DB of 2009 2 be located by them. About 15 days prior to 15.2.2007 Inderjit Singh @ Manga had an altercation with accused Amandeep Singh @ Amna, Kuldip Singh and Baldish. PW4 had to separate them. But accused Amandeep Singh kept on challenging Inderjit Singh @ Manga that he would not be spared. Even a few days prior to the incident, Inderjit Singh and accused had a quarrel in the chowk of village Daduwal.
3. PW2 Paramjit, Chowkidar of village Kukkarpind proceeded to fetch fodder for his cattle on 24.7.2007 at about 10.00 A.M. He saw two male dead bodies lying in a rivulet running along the fields of Jasbir Singh. The police was alerted over telephone. On arrival of the police both the dead bodies were brought out from rivulet.
4. PW13 S.I. Surinder Singh got the statement of PW2 Paramjit recorded. Based on which a formal First Information Report was registered. He conducted inquest proceedings. The dead bodies were photographed. A rough site plan was prepared. The dead bodies were identified by PW5 Gurmit Singh, the father of the deceased Gurpreet Singh and PW8 Gurpal Singh, the father of deceased Inderjit Singh. The dead bodies were sent to Civil Hospital, Jalandhar for post mortem examination.
5. PW3 Dr. Raj Kumar conducted post mortem examination on the dead body of Inderjit Singh @ Manga on 25.2.2005 and found the following injuries on the dead body :-
1. Incised wound of the size 8 cm x 2 cm in the middle of the pamlar aspect of right hand. Underlying bones and structures were found cut.
2. Little, ring and middle finger missing from the proximal part.Singh Parvinder 2013.12.03 10:27 I attest to the accuracy and integrity of this document Criminal Appeal No. D-174-DB of 2009 3
3. Incised wound 26 c.m. x 6 c.m. On the upper part of the right side of the face and head extending from lower part of the right side of the forehead to posterior part of the occipital region, including pinnae of right ear. Underlying bones, structures were found cut. Brain matters protruded cut.
4. Incised wound 16 cm x 4 cm present on the right side of the upper part of the parietal area of the head. Underlying bones, sturectures were found cut. Brain matters protruded out.
5. Incised wound of size 8 cm x 2 cm on the left parietal region on superolateral aspect of head.
Underlying bones were found cut and other structures were also cut.
6. Incised wound on left wrist gone deep upto the middle on the left side of wrist. Underlying structures and bones were found cut.
7. Incised wound of size 8 cm x 6 cm on the posterior aspect of left elbow joint. Underlying bones and structures were found cut.
8. Skin and underlying fascia of dorsal aspect of left foot were missing exposing underlying bones, on tis dorsal aspect of distal part of left foot.
6. He also conducted post mortem examination on the dead body of Gurpreet Singh @ Gopi on the same day and found the following injuries on the dead body:-
1. Incised wound of the size of 11 cm x 2 cm on the right side of the head and face extending from lateral to right eye upto to occipital region of the head including middle of Pinnae of ear right. Wound was deep, underlying bone was fractured, membrance and brain matters were protruding cut.
2. Incised wound of the size of 17 cm x 5 cm on the Singh Parvinder 2013.12.03 10:27 I attest to the accuracy and integrity of this document Criminal Appeal No. D-174-DB of 2009 4 left side of the face and neck extending from left angle of the mouth to the upper part of the right side of the neck. Mendible fracture, underlying structure and vessels were found cut.
3. Incised wound of size 17cm x 5 cm present on the left side of the face extending upto left side of upper part of Pinna and the lower part of left occipital area of head. Underlying bones fracture and other structures were found cut. Brain matters protruded out.
4. Incised wound present on the lateral aspect of left wrist extending upto middle of the wrist separating half part of the wrist. Underlying structures and bones were found cut.
5. Incised wound of the size of 8 cm x 4 cm on palmar aspect of left thumb. Bone deep.
6. Incised wound of size 5 cm x 3 cm on the palmar aspect of the left thumb. Underlying bone was visible.
All wounds were gaping.
7. In his opinion deceased Inderjit Singh and Gurpreet Singh had died due to shock and hemorrhage on account of the multiple injuries found on their bodies which were sufficient to cause death in the ordinary course of nature.
8. PW1 Shiv Kumar was the salesman at Manjit Mobile Store, Phagwara. On 16.3.2007 a youth aged about 26/27 years came to his shop offering to sell mobile phone of Nokia make 6280. As it was informed that the mobile set was purchased from England and no documents were produced for the purchase of the mobile from England, he finally declined to purchase the mobile phone offered by the youth. Singh Parvinder 2013.12.03 10:27 I attest to the accuracy and integrity of this document Criminal Appeal No. D-174-DB of 2009 5 Thereafter, another customer by name Major Singh came to his shop and purchased a new mobile phone of Reliance make.
9. PW6 Faqir Chand has deposed that on 16.3.2007 he and Major Singh proceeded to Manjit Mobile Store, Phagwara and Major Singh purchased a Reliance mobile phone from the said shop. Accused Amandeep Singh and Kuldip Singh offered to sell a mobile phone of Nokia make 6280. As the salesman of Manjit Mobile Store refused to buy the said mobile, PW6 expressed his desire to purchase the mobile phone offered by those two accused. After negotiation, the deal was struck at `6000/-. He purchased the mobile phone marked as Ex. P4 from the above accused. Both the accused handed over to him the driving license of accused Amandeep Singh.
10. PW9 Manpreet Kaur identified the mobile Ex. P4 as the mobile phone which was sent to deceased Gurpreet Singh by his mother.
11. PW7 Baldev Singh deposed that on 28.6.2007 at about 7.00 P.M. When he was present at his house in village Rurka Kalan, accused Amandeep Singh, Kuldip Singh and Baldish Singh came to his house and all the three accused confessed individually that they committed the murder of Inderjit Singh and Gurpreet Singh by attacking them with Dattars. They have also confessed that they carried the dead bodies in a tractor and threw them in a rivulet in the area of village Kukkar. He conveyed the message on 29.6.2007 to the Investigating Officer.
12. PW11 Inspector Nirmal Singh recorded the statement of PW7 Baldev Singh on 29.6.2007. He proceeded to village Daduwal on 30.6.2007 and arrested all the three accused. On the basis of the Singh Parvinder 2013.12.03 10:27 I attest to the accuracy and integrity of this document Criminal Appeal No. D-174-DB of 2009 6 disclosure statements individually suffered by all the three accused, three Dattars were recovered at their instance. Further, on the basis of the disclosure statement suffered by Amandeep Singh a sum of `6000/- kept in an iron box also was recovered. Thereafter, all the accused were remanded to judicial custody.
13. In the statement under Section 313 Cr.P.C. the accused have simply contended that a false case was foisted on them though they were innocent.
14. On the side of the defence DW1 Tirath Singh was examined. He spoke to the fact that it was he who produced all the three accused before the police on 23.6.2007.
15. The trial court having adverted to the above evidence on record returned a verdict of conviction against all the accused as stated supra.
16. The learned counsel appearing for the appellants would vehemently submit that the recovery of the mobile phone was not connected to the deceased Gurpreet Singh, as no invoice or bill was produced to show the ownership of Gurpeet Singh. It is his further submission that extra judicial confession alleged to have been suffered by the accused before PW7 does not inspire confidence, inasmuch as PW7 was not even aware of the family background of the accused. The motive part of the case has not been established by the prosecution. Therefore, it is submission that the prosecution failed to establish the circumstances projected as against the accused appellants.
17. We heard the submission made by learned Additional Advocate General appearing for the State of Punjab supporting the Singh Parvinder 2013.12.03 10:27 I attest to the accuracy and integrity of this document Criminal Appeal No. D-174-DB of 2009 7 verdict of conviction and sentence passed as against the accused appellants.
18. The case is based on circumstantial evidence. The prosecution is bound to establish the material circumstances from which the guilt of the accused could be drawn. The facts established by the prosecution should be consistent with the hypothesis of the guilt of the accused. The material circumstances should be of a conclusive nature. The chain of evidence shall be complete so as to rule out the inconsistency with the innocence of the accused.
19. PW4 Balbir Kaur has categorically deposed that a quarrel was picked up by all the three accused with the deceased Inderjit Singh @ Manga about 15 days prior to the incident. Even a few days prior to the incident, Inderjit Singh and the accused had a quarrel in a chowk of village Daduwal. It is her testimony that even after she separated them the accused Amandeep Singh proclaimed that he would not spare Inderjit Singh @ Manga.
20. Of course PW4 Balbir Kaur was the mother of the deceased Inderjit Singh. She has come out with a cogent version as regards the motive for the murder. Though PW4 was the mother of the deceased Inderjit Singh, as her evidence is found credible, there is no reason to discard her testimony. In our view, the motive for the murder has been established by the prosecution through PW4 Balbir Kaur.
21. PW7 Baldev Singh had visited the house of the accused. It is true that he was not aware of the family members of the accused. Of course, PW7 was the paternal aunt's husband of the deceased Inderjit Singh. As the accused reposed confidence in PW7 Baldev Singh who Singh Parvinder 2013.12.03 10:27 I attest to the accuracy and integrity of this document Criminal Appeal No. D-174-DB of 2009 8 had already visited their house, they had unburdened their heart as regards the crime of murder committed by them. We do not find any reason to reject the evidence of PW7. The extra judicial confession projected by the prosecution through PW7 also passed the test of credibility.
22. Based on the information passed on by PW7 Baldev Singh, PW11 arrested the accused on 30.6.2007 and got recovered three Dattars at the instance of all the three accused on the basis of their individual disclosure statements. The incised wounds found on the person of the deceased would indicate that the Dattar recovered from the accused had been used to commit the murder.
23. The evidence of PW4 Balbir Kaur, the mother of the deceased Inderjit Singh and PW9 Manpreet Kaur, the cousin sister of deceased Gurpreet singh would go to establish that Ex. P4 mobile phone was in fact sent by the mother of Gurpreet Singh from England. Both of them had cogently identified the mobile which was in the possession of Gurpeet Singh just before the incident.
24. PW1 Shiv Kumar was the salesman working in Manjit Mobile Store. He had spoken about the fact that a youth came to his shop to sell a mobile phone of Nokia make 6280. He has also spoken to the fact that he sold the mobile phone of Reliance make to one Major Singh. He had declined to purchase the mobile phone offered by the youth as it was purchased from England and no document for the mobile phone was produced by the youth. The evidence of PW6 Fakir Chand would go to establish that Major Singh purchased a mobile phone of Reliance make on 16.3.2007 from the salesman Shiv Kumar Singh Parvinder 2013.12.03 10:27 I attest to the accuracy and integrity of this document Criminal Appeal No. D-174-DB of 2009 9 working in Manjit Mobile Store. As he liked the mobile set offered by accused Amandeep Singh and Kuldip Singh to PW1 who declined to purchase the same, he clinched the deal for Rs.6000/- and purchased the same from those two accused after obtaining the photo copy of the driving license of accused Amandeep Singh. It is to be noted that a sum of `6000/- was recovered at the instance of the accused Amandeep Singh based on the disclosure statement suffered by him. The above evidence of PW1 and PW6 and the recovery of a sum of Rs.6000/- and the mobile set would go to establish that the mobile set taken away from the deceased Gurpreet Singh had been offered for sale to PW1 and thereafter it was sold to PW6 for a sum of `6000/- There was no explanation from the accused as to how the mobile phone of deceased Gurpreet Singh landed in their custody. The above evidence also links the accused to the crime of murder committed by them.
25. It is true that invoice or the bill for purchase of the mobile phone Ex. P4 was not produced by the prosecution to establish that the same was purchased in England by the mother of Gurpreet Singh and gifted to him. In our considered view, the answer lies in the evidence of PW1 who has deposed that he declined to purchase the mobile phone sought to be sold as it was not accompanied by any invoice or bill. It is quite probable that the the mother of Gurpreet Singh who sent the mobile set to India from England would not have despatched the invoice or bill for purchase of mobile set. In the above circumstances, just because invoice or the bill was not produced, the above evidence which establishes the fact that the mobile phone possessed by Gurpreet Singh was traded by the accused Amandeep Singh and Kuldip Singh Singh Parvinder 2013.12.03 10:27 I attest to the accuracy and integrity of this document Criminal Appeal No. D-174-DB of 2009 10 and, thereafter, it was sold to PW6 by them cannot be doubted.
26. In our view, the trial court has properly evaluated evidence on record and come to a right conclusion that all the three accused committed the offence of murder. Therefore, the judgment of conviction and sentence passed by the trial court stands confirmed and consequently the appeal is dismissed. The sentences imposed by the trial court for the offences under Section 302 IPC (two counts) and under Section 201 IPC shall run concurrently.
(M. JEYAPAUL) JUDGE (INDERJIT SINGH) JUDGE November 26, 2013 p.singh Singh Parvinder 2013.12.03 10:27 I attest to the accuracy and integrity of this document