Punjab-Haryana High Court
Dev Singh vs State Of Punjab on 26 November, 2013
Author: Inderjit Singh
Bench: Inderjit Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Appeal No.D-881-DB of 2009
Date of Decision: November 26, 2013
Dev Singh
...Appellant
VERSUS
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE M.JEYAPAUL
HON'BLE MR. JUSTICE INDERJIT SINGH
Present: Mr.Sanjeev Sharma, Advocate
for the appellant.
Mr.S.S.Gill, Addl. Advocate General, Punjab
for the respondent-State.
****
INDERJIT SINGH, J.
The present appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 11.07.2009, passed by the Addl. Sessions Judge (Fast Track Court), Bathinda, whereby he was held guilty and convicted and sentenced to undergo imprisonment for life and to pay a fine of ` 20,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year under Section 302 IPC. Out of amount of fine, ` 15,000/- was ordered to be given to the deceased's wife as compensation.
The brief facts of the prosecution case are that on 11.08.2008, on receiving ruqa from Civil Hospital, Goniana Mandi regarding death of Kala Singh, SI Kuldip Singh along with other police officials reached Civil Hospital, Goniana Mandi. Mander Singh met the police there and got recorded his statement. He stated in his Gulati Vineet 2013.12.12 16:32 I attest to the accuracy and integrity of this document Chandigarh Crl. Appeal No.D-881-DB of 2009 -2- statement that at about 8.30/9.00 P.M., when he was present in his house, Janta Singh came and told him that some unidentified persons have inflicted injuries on his brother Kala Singh, upon which he immediately along with Janta Singh went to the cremation ground. Number of people had collected there. His brother's wife Binder Kaur and his nephew Vicky son of Kala Singh were also present there. His brother was lying in an unconscious state and his body was smeared with blood. There was an injury mark on the right temple of his brother. There was a deep wound on the head due to some sharp edged weapon. After arranging vehicle, Kala Singh was shifted to Civil Hospital, Goniana, where the doctor after examination declared him dead. It is further stated that his brother Kala Singh has been murdered by some unidentified persons by causing injuries. Ruqa was sent to the police station, on the basis of which FIR was registered. Inquest proceedings were prepared. Dead body was sent for conducting post-mortem examination. Rough site plan was prepared. At the spot, dog squad and finger print teams were also called. Statements of Jaswant Singh and Binder Kaur were recorded, who stated that about one year ago, Kala Singh and Dev Singh had fought regarding a bottle of liquor and Dev Singh had inflicted many injuries on the person of Kala Singh and Dev Singh had thereafter stated that he will settle the score with Kala Singh and due to this reason, he kept enmity with Kala Singh. Jaswant Singh had also told that Dev Singh crossed him at about 8.30 P.M. in disturbed condition. Dev Singh accused was produced by Makhan Singh Sarpanch. In pursuance of Gulati Vineet 2013.12.12 16:32 I attest to the accuracy and integrity of this document Chandigarh Crl. Appeal No.D-881-DB of 2009 -3- his disclosure statement, accused Dev Singh got recovered wooden axe smeared with blood used in the crime. After necessary investigation, challan was presented against the accused-appellant before the Court.
On presentation of challan, copies of challan and other documents were supplied to the accused-appellant under Section 207 Cr.P.C. Finding prima facie case, the appellant was charge-sheeted under Section 302 IPC, to which he pleaded not guilty and claimed trial.
In support of its case, prosecution examined PW-1 Dr.Satish Jindal, who tendered into evidence his affidavit Ex.PW1/A. In the affidavit, he stated that he conducted post-mortem examination on the dead body of Kala Singh on 12.08.2008 at 11.30 A.M. and found following injuries:-
"1. Lacerated wound 9 x 1 cm in middle of scalp starting 8 cm above right eye brow, going posteriorly & towards left. Underlying bone broken involving Right frontoparietal and Left parietal bonds. On further dissection brain lacerated and contains large heamotoma.
2. Lacerated wound 5 x 2 cm, on right temporo-occipital region. Clotted blood present.
3. Lacerated wound 3 x 2 cm on lateral angle of right eye.
Right eye depressed and contains blood in sub conjuctival tissue. On dissection depressed fracture of Zygomatic bone and lateral plate of orbit present."
The cause of death as per opinion of the doctor was as a result of shock and haemorrhage as a result of injuries mentioned in PMR, which were sufficient to cause death in an ordinary course of nature and were ante mortem in nature. PW-2 Mander Singh mainly deposed as per prosecution version. PW-3 Makhan Singh Sarpanch Gulati Vineet 2013.12.12 16:32 I attest to the accuracy and integrity of this document Chandigarh Crl. Appeal No.D-881-DB of 2009 -4- of the village Bhokhra deposed that on 12.08.2008, he was in his house. Accused Dev Singh came to his house and told him that he murdered Kala Singh due to old enmity, after causing injury in the head of Kala Singh with the help of wooden axe (Fauhra like spade for collecting garbage), in the cremation ground as dispute arose between him and Kala Singh. He further asked to produce him before the police to avoid beatings from the police. When the witness along with the accused was going to police station, police party met on the way and he handed over the accused to the police. This witness also stated that the police interrogated the accused in his presence and accused suffered disclosure statement Ex.PC that he kept concealed wooden axe in his room on the cart under the cloth and got recovered the same in pursuance of his disclosure statement, which was stained with blood. PW-4 ASI Sikander Singh, who has joined SI Kuldeep Singh, deposed regarding investigation in this case and also deposed regarding disclosure statement made by the accused and recovery of wooden axe in pursuance of the disclosure statement. PW-5 Jaswant Singh mainly deposed that on 11.08.2008 at about 7.30/7.45 P.M., he was coming from village towards their Basti Singhpura and when he reached near the house of Dev Singh accused and from there accused Dev Singh passed from his side and he was having one wooden axe with him and at that time he was saying that today he will see Kala Singh and he went towards funeral ground and in the next morning, he came to know that Kala Singh has been murdered at the cremation ground of their village. He further stated that he was sure Gulati Vineet 2013.12.12 16:32 I attest to the accuracy and integrity of this document Chandigarh Crl. Appeal No.D-881-DB of 2009 -5- that murder of Kala Singh was committed by Dev Singh accused. PW-6 Binder Kaur, wife of Kala Singh deposed regarding the quarrel between Kala Singh and the accused one year earlier to the occurrence, for a bottle of liquor. At that time Devi Singh accused gave injuries to her husband Kala Singh on his head but the said matter was got compromised. Even after that, Dev Singh came to their house and told that he will see Kala Singh regarding the above- said dispute. She also stated that they came to know that the death of Kala Singh was caused in the cremation ground by accused Dev Singh. PW-7 Head Constable Sukhmander Singh, is a formal witness, who tendered into evidence his affidavit Ex.PW-7/A. PW-8 SI Kuldip Singh, is the Investigating Officer. He deposed regarding investigation conducted by him in the present case. PW-9 Head Constable Kuldip Singh, is also a formal witness, who tendered into evidence his affidavit Ex.PW-9/A. At the close of prosecution evidence, the accused- appellant was examined under Section 313 Cr.P.C. and he denied the correctness of the evidence and pleaded himself as innocent. He further pleaded that Kala Singh died in an accident while he was under the influence of liquor and he has been falsely implicated.
No witness was examined in defence.
The learned trial Court, after appreciation of the evidence, convicted and sentenced the accused-appellant, as stated above.
At the time of arguments, learned counsel for the appellant argued that prosecution has failed to prove the guilt of the Gulati Vineet 2013.12.12 16:32 I attest to the accuracy and integrity of this document Chandigarh Crl. Appeal No.D-881-DB of 2009 -6- appellant beyond reasonable doubt and the appellant has been falsely implicated. Kala Singh has died in an accident when he was under
the influence of the liquor. He further argued that the last seen evidence cannot be believed. A false version has been concocted. There is nothing on the record to prove the motive. No extra judicial confession/statement has been made by the appellant. Learned counsel for the appellant, therefore, argued that there being merit, the appeal should be accepted and the appellant should be acquitted.
On the other hand, learned Addl. Advocate General, Punjab for the respondent-State has argued that case of the prosecution has been duly proved by the PWs by leading cogent evidence. There are circumstances of last seen, extra judicial confession, recovery of blood-stained wooden axe and the motive for causing the occurrence. All these circumstances connect the accused with the crime and chain of circumstances is complete, pointing towards the guilt of the accused only. He further argued that oral statements of the PWs are supported by medical evidence. The defence version cannot be believed. Learned State counsel, therefore, argued that there is no merit in the appeal and it should be dismissed.
We have gone through the evidence on record minutely and carefully and have heard learned counsel for the appellant and learned Addl. Advocate General, Punjab for the respondent-State.
From the evidence on record, we do not find any merit in the arguments of the learned counsel for the appellant. The mere fact Gulati Vineet 2013.12.12 16:32 I attest to the accuracy and integrity of this document Chandigarh Crl. Appeal No.D-881-DB of 2009 -7- that in cross-examination, PW-1 Dr.Satish Jindal has stated that possibility of injuries due to accident cannot be ruled out, itself will not prove that the injuries have been received by Kala Singh in a road side accident. No other witness has been examined in defence to prove that this is a case of accident and not murder. Therefore, this defence version cannot be believed especially in view of the statements of the witnesses, who have deposed regarding the occurrence and motive etc. PW-2 Mander Singh has deposed as per prosecution version. In cross-examination, though it is written that this witness came to know regarding injuries as well as murder of his brother Kala Singh after two days of the cremation but this single line in the statement cannot be read in exclusion. The whole statement is to be seen. As per the record, the FIR was registered promptly on the statement of Mander Singh. Inquest proceedings were conducted. Post-mortem examination was conducted on the dead body. This witness has taken the injured to the hospital. He has stated the injuries on the person of Kala Singh and that he reached the cremation ground on receiving information immediately. Therefore, in view of this statement of PW-2 Mander Singh, this single line that he came to know regarding injuries and death of Kala Singh after two days, cannot be believed and it does not create any doubt in the prosecution version. PW-3 Makhan Singh is the Sarpanch of the village. He deposed regarding the extra judicial confession made by the appellant. The occurrence took place in the evening time of 11.08.2008 and appellant made the confessional statement on the Gulati Vineet 2013.12.12 16:32 I attest to the accuracy and integrity of this document Chandigarh Crl. Appeal No.D-881-DB of 2009 -8- next day and he was produced before the police on the next day of the occurrence. We have gone through the cross-examination of this witness. There is nothing in the cross-examination, which may make statement of this witness unreliable. Further, PW-3 Makhan Singh has deposed regarding the disclosure statement made by the appellant and recovery of blood-stained wooden axe, which the accused got recovered from his house in pursuance of his disclosure statement. PW-4 ASI Sikander Singh also deposed regarding investigation and recovery of wooden axe. He supported and corroborated the statement of PW-3 Makhan Singh also. PW-8 Kuldip Singh, Investigating Officer also deposed regarding disclosure statement suffered by the appellant and recovery of blood stained wooden axe. PW-5 Jaswant Singh, is the witness of last seen. He had seen the appellant going towards cremation ground with wooden axe and at that time, appellant was saying that he will see Kala Singh.
The statement of this witness was also recorded at the earliest by the police. We have also gone through the cross-examination of this witness. There is nothing in his cross-examination which may make his statement unreliable. PW-6 Bhinder Kaur mainly deposed regarding the motive that a fight took place between Kala Singh and appellant Dev Singh one year earlier to the occurrence. She further stated that at that time a case was registered regarding that occurrence but she has no proof regarding the same on that day in the Court. The FSL report Ex.PX stating wooden axe being blood- stained further supports and corroborates the prosecution version. Gulati Vineet 2013.12.12 16:32 I attest to the accuracy and integrity of this document Chandigarh Crl. Appeal No.D-881-DB of 2009 -9-
Therefore, from the evidence on record, we find that prosecution has duly proved its case by leading cogent evidence. The oral statements are duly supported and corroborated by medical evidence and investigation of the case. PWs have consistently deposed regarding prosecution version. There is nothing in the cross- examination of the prosecution witnesses, which may make their statements unreliable. There are no material contradictions or material improvements in the statements of the prosecution witnesses which may go to the root of the case. The prosecution has brought the witnesses to prove the last seen evidence, extra judicial confession made by the accused, recovery of weapon of offence i.e. blood-stained wooden axe and the FSL report stating that wooden axe was stained with human blood and further brought the witnesses to prove the motive. All these circumstances proved by the prosecution connect the accused-appellant with the crime. The chain of circumstances is complete and point towards the guilt of the appellant only and none else.
In view of the above, the impugned judgment of conviction and order of sentence passed by the Addl. Sessions Judge (Fast Track Court), Bathinda are upheld.
Resultantly, we find no merit in this appeal and the same is hereby dismissed.
(M.JEYAPAUL) (INDERJIT SINGH)
JUDGE JUDGE
November 26, 2013
Vgulati
Gulati Vineet
2013.12.12 16:32
I attest to the accuracy and
integrity of this document
Chandigarh