Punjab-Haryana High Court
Nahar Singh And Anr. vs State Of Punjab on 24 March, 1994
Equivalent citations: 1994CRILJ3005
JUDGMENT S.S. Grewal, J.
1. This appeal is directed against the order of Additional Sessions Judge, Barnala, dated 3rd of June, 1992 wherby Nahar Singh and Nachhatar Singh appellants were convicted under Section. 302 of the Indian Penal Code for intentionally committing the murder of Mehar Singh deceased and each of them was sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000/-. In default of payment of fine the defaulting convict was ordered to undergo further rigorous imprisonment for six months. Bhola Singh co-accused of the present appellant was, however, acquitted.
2. In brief facts of the prosecution case as emerge from the first information report lodged by Phagan Singh son of the deceased and an eye witness in this case, are, that he along with his three brothers and their father lived jointly. On 2-1-1991, at about 7 A.M. Phagan Singh along with his father Mehar Singh and Dev Singh father's sister's son of the first informant was going out towards the fields to answer the call of nature. Mehar Singh was going ahead of Phagan Singh and Dev Singh. As they reached in front of the house of Nachhatar Singh and Nahar Singh accused, they saw both the accused armed with Takwa and Gandasa respectively along with their sister's son Bhola Singh resident of village Kotha Guru Ke armed with Kasia, standing outside the gate of their house. Nahar Singh raised lalkara exhorting his other co-accused to take revenge from Mehar Singh who should not be allowed to go scot free. Because of danger to his life Mehar Singh tried to run back. Thereupon Nahar Singh opened the attack and gave a Takwa blow on the right side of the head of Mehar Singh from its sharp side. Thereafter Bhola Singh gave a Kasia blow from the blunt side to Mehar Singh on his right leg near the knee. Almost simultaneously Nachhattar Singh accused gave a Gandasa blow from its reverse side hitting Mehar Singh on his right thigh just above the knee. As a result of the said injuries Mehar Singh fell on the ground. Nachhatar Singh gave a Gandasa blow from the sharp side on the front side of the head of Mehar Singh. Bhola Singh also gave a Kasia blow from the sharp side on the right side of his head. Nahar Singh then gave a Takwa blow from the blunt side hitting Mehar Singh on his left calf towards the inner aspect. Phagan Singh and Dev Singh raised alarm 'NA MARO NA MARO' hearing which all the accused ran away from the spot along with their respective weapons. Ajaib Singh Sarpanch also reached the spot. After arranging for the vehicle Mehar Singh in injured condition was removed to Civil Hospital, Barnala for treatment where the doctor declared him dead.
3. The motive for the crime is that about three months prior to the present occurrence complaintant had inflicted injuries to Nahar Singh and a criminal case with regard to the said occurrence was still pending in the courts at Barnala. Security proceedings were also initated against both the parties which were pending. In view of the aforesaid grudge the accused intentionally committed the murder of Mehar Singh by inflicting numerous injuries.
4. After arrival of the dead body of Mehar Singh in the hospital ruqa Ex. PE was sent to Station House Officer, Police Station, Bahadaur who in turn deputed ASI Chubeg Singh to do the needful. The said ASI along with other police officials went to Civil Hospital Barnala and there he recorded the statement of Phagan Singh PW Ex. PF and on its basis formal F.I.R. Ex. PF/2 was sub- sequently registered at Police Station, Bhadaur district, Sangrur on the same evening at 3.45 PM. Special report reached the Ilaqa Magistrate at Barnala at 6 PM. on the same evening. ASI Chubeg Singh prepared inquest report Ex. PB and sent the dead body for post-mortem examination. He then went to the spot. Daya Singh, Sub Inspector, Station House Officer, also reached there and took over the investigation from ASI Chubeg Singh, lifted blood stained earth from near the spot in front of the house of Nahar Singh accused which was duly sealed and taken into possession through seizure memo. He searched for the accused who were not traceable and arrested all the accused on 7-1- 1991 when they were produced before him by Babar Singh Sarpanch, In pursuance to their respective disclosure statements the accused got recovered weapons of offence. After completion of the investigation all the three accused were challaned, tried and out of them Nahar Singh and Nachhatar Singh the present appellants were convicted and sentenced whereas Bhola Singh their co-accused was acquitted by the learned trial Court as stated earlier.
5. The learned counsel for the parties were heard.
6. The learned counsel for the appellants submitted that there is inordinate and unexplained delay in lodging the first information report which according to him was reduced into black and white after the postmortem examination on the dead body of Mehar Singh was conducted at 3.35 PM. on the evening of the occurrence. It was further submitted that the occurrence has not taken place in the manner as deposed to by Phagan Singh and Dev Singh the two alleged eye witnesses whose presence at the spot at the time of the occurrence is highly doubtful and that the ocular account given by the two close relations of the deceased is amply contradicted by the medical and other circumstantial evidence on the record.
7. There is considerable merit in the contentions raised by the learned counsel for the appellants. Before dealing with the arguments advanced by the learned counsel for the appellants, it would be desirable to deal with the medical evidence on the record which reveals the following injuries on the body of Mermr Singh deceased:--
1) 11 cm x 3 cm wound with sharp margins on right parietal and frontal region, 6 cm from mid of right eye brow, placed horizontally. Fresh bleeding was present, underlying bone was cut.
2) 5 cm x 3 cm wound with sharp margins on right parietal region placed obliquely. Its lower end is 8 cm from external auditary meatos. Fresh bleeding was present. Underlying bone was cut.
3) 7 cm x 2 cm wound with sharp margins 8 cm from nape of neck and 3 cm from mid line placed obliquely. Skull bone was cut, Fresh bleeding was present.
4) Bruise 14 cm x 2 cm long reddish in colour on the lower part of right thigh in frontal and lateral aspect,
5) Bruise 11 cm x 1.5 cm longitudely placed, placed obliquely extending from front of leg in upper part extending downwards and laterally on right leg.
6) Bruise 3 cm x 0.5 cm on front of left leg placed horizontally 15 cm below left knee.
On dissection injury No. 1 showed cut of parietal and frontal bone and the meninges. Injury No. 2 showed cut of parietal bone, meninges and brain matter. Depth of the wound was 4 cm. Injury No. 3 showed cut of occipital bone and meninges. Cranealcavity was full of blood and clots. Skull bone was fractured at places on right side of skull i.e. frontal parietal and occipital bones. Stomach contained 50 cc of gastric juices. Large intestine were containing faecal matter in transverse colon and rectum was empty. Urinary bladder contained 50 cc of urine.
8. All the injuries were ante-mortem. The cause of death in this case in the opinion of the doctor was due to injuries No. 1, 2 and 3 as a result of shock and haemorrhage which were sufficient to cause death in the ordinary course of nature.
9. Medical evidence reveals extensive damage to the parietal, frontal, occipital bones, meaninges and brain matter underneath injury NoS. 1, 2 and 3. Thus in the instant case the greater probability would be that the death of Mehar Singh would be almost instantaneous and not after 15 minutes or more as deposed to by the two alleged eye-witnesses produced by the prosecution. This aspect of the case falsifies the ocular account given by Phagan Singh and Dev Singh PWs that Mehar Singh was still alive when they took him in a tractor trolley to the hospital, after placing him on a cot and then placing that cot in trailor of the tractor and according to Phagan Singh it took 15 minutes in doing all this with the help of the ladies.
10. Both Phagan Singh and Dev Singh PWs deposed that they had accompanied the deceased on the morning of the occurrence for easing themselves. The medical evidence shows that the stomach contained 50 cc of gastric juices, small intestines were empty whereas large intestines contained faecal matter in transverse colon whereas rectum was empty. This aspect of the case supports the defence plea that the deceased had already eased himself before he came to the spot and the present occurrence took place. This circumstance casts grave doubt about the truthfulness of the version given by the two alleged eye witnesses produced by the prosecution that they along with the deceased were coming together to ease themselves when they reached near the spot where the main occurrence took place.
11. Another significant aspect of the case is that even though both according to Phagan Singh and Dev Singh PWs, Mehar Singh had a Safa (head-gear) at the time of the occurrence, neither the said Safa fell from the head of the deceased nor the long hair of Mehar Singh underneath were cut and damaged. Dev Singh, who incidentally does not belong to the village of the deceased, deposed that the head-gear of Mehar Singh was merely a Parna. In case the deceased had been wearing head-gear or safa at the time of the occurrence then in all probability the same would be cut and substantially damaged, as a result of head injuries.
12. Another important circumstance in this case relates to the description of the main occurrence given by Phagan Singh and Dev Singh the two alleged eye-witnesses produced by the prosecution. According to Phagan Singh PW the accused caused injuries one by one i.e. after one accused had given the blow he would recede and the other accused would come forward to attack Mehar Singh whereas according to Dev Singh PW all the accused caused injuries to the deceased together. Dev Singh PW has not given any cogent reason for his presence at the spot at the time of the occurrence. Mere fact that he is father's sister's son of Phagan Singh PW would not per se be sufficient to hold that the presence of Dev Singh PW at the spot at the time of the occurrence is natural prabable and convincing.
13. According to Phagan Singh and Dev Singh PWs they handled and placed Mehar Singh in a tractor trolley but their clothes were not stained with blood. It is difficult to believe that while Mehar Singh would be profusely bleeding after receipt of numerous injuries on his body, Phagan Singh and Dev Singh PWs would care more for their clothes lest these were stained or soiled with blood while they wanted to take Mehar Singh injured in tractor trolley to the hospital to save his life. Conduct of Phagan Singh and Dev Singh PWs is thus quite inconsistent with natural human conduct. Admittedly, Phagan Singh and Dev Singh two close relations of the deceased did not serve any tea or milk or water to Mehar Singh after the occurrence. Nor these two witnesses who comparatively are much younger in age, tried to intervene and save Mehar Singh from the clutches of his assailants at the time of the occurrence. The aforesaid tell tale circumstances cast grave doubt about the very presence of Phagan Singh and Dev Singh PWs at the spot at the time of the main occurrence. The version given by Phagan Singh and Dev Singh PWs is contradicted on material aspects of the prosecution story by medical and other circumstantial evidence referred to above. It would thus not be safe to place implicit reliance on the testimoney of the two aforesaid alleged eye-witnesses produced by the prosecution whose very presence at the spot at the time of the occurrence is highly doubtful.
14. Besides, there is inordinate delay in lodging the first information report. In the instant case, the occurrence allegedly took place at about 7 a.m. and the formal first information report was recorded at the police station at 3.45 p.m. i.e. after post-mortem had been conducted on the deadbody of Mehar Singh at 3.35 p.m. on 2-1-1991 by Dr. S.K. Juneja PW 1 special report reached the Ilaqa Magistrate at Barnala at 6 p. m. on 2-1-1991. No plausible explanation has been put forth on behalf of the prosecution concerning the inordinate delay of about nine hours in lodging the first information report. This circumstance clearly supports the defence plea that the first information report in the instant case was prepared after due deliberations and consultations after the post-mortem examination had been conducted by the doctor. Thus there was ample opportunity for the complainant party to introduce a coloured version of its own choice in order to rope in Nahar Singh and Nachhatar Singh appellants as well, after due deliberations and consultations with the Investigating Agency.
15. For the foregoing reasons, we are of the considered view that the prosecution has not been able to bring home charge against Nahar Singh and Nachhatar Singh appellants beyond reasonable doubt and giving them the benefit of doubt, both the appellants are hereby acquitted by setting aside the order of their conviction and sentence passed by the learned trial Court. This appeal is accordingly allowed.