Punjab-Haryana High Court
Kapoor Singh And Others vs State Of Haryana on 7 July, 2011
Author: Hemant Gupta
Bench: Hemant Gupta
Criminal Appeal No.234-DB of 2002 & 1
Criminal Revision No.1500 of 2002
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of Decision: July 7, 2011
Criminal Appeal No.234-DB of 2002
Kapoor Singh and others ...Appellants
Versus
State of Haryana ...Respondent
Present: Mr. K.D.S.Hooda, Advocate,
for the appellants.
Mr. Pradeep Singh Poonia, Addl. AG, Haryana,
for the respondent-State.
Criminal Revision No.1500 of 2002
Jai Singh ...Petitioner
Versus
State of Haryana and others ...Respondents
Present: Mr. Aditya Sanghi, Advocate,
for the petitioner.
Mr. Pradeep Singh Poonia, Addl. AG, Haryana,
for respondent No.1.
Mr. K.D.S.Hooda, Advocate,
for respondent Nos.2 to 9.
CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE VIJENDER SINGH MALIK
1. Whether Reporters of local papers 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?
HEMANT GUPTA, J.
This order shall dispose of Criminal Appeal No.234-DB of 2002 filed by Kapoor Singh, Dalip Singh, Mani Ram, Mange Ram sons Criminal Appeal No.234-DB of 2002 & 2 Criminal Revision No.1500 of 2002 of Girdhari Lal; Ranbir Singh- son & Tija wife of Mange Ram and Bhartho- wife & Dariya Singh son of Mani Ram against the judgment of conviction 21.02.2002 passed by the learned Addl. Sessions Judge, Hisar, convicting the appellants for the offences punishable under Sections 148/302 & 307 read with Section 149 IPC and sentencing them for varying terms vide order of sentence dated 25.02.2002; and Criminal Revision No.1500 of 2002 filed by Jai Singh, brother of the deceased Pawan claiming enhancement in the sentence awarded to the accused.
The prosecution case was set in motion on the statement of Jai Singh, brother of the deceased Pawan Kumar made to SI Sheotej Singh on 18.08.1999 at about 10.20 pm. In his statement (Ex.P2), Jai Singh, inter alia, stated that today i.e. 18.08.1999 at about 5.30 pm when he was weaving cot in his house, then Madan son of Daya Nand resident of the village came to him and informed him in respect of quarrel with Pawan at the shop. When he came outside the house, he saw that Kapoor Singh, Dalip Singh, Mange Ram, Mani Ram sons of Girdhari Lal, Dariya Singh son of Mani Ram, Ranbir son of Mange Ram, real younger brother of Ranbir Singh, Bhartho wife of Mani Ram and Tija wife of Mange Ram, all residents of the village were causing injuries with gandasis, Barchhi, Bhala and lathis indiscriminately upon Pawan. He further stated that the aforesaid assailants also caused multiple injuries to his another brother Ish Kumar, who earlier came to the spot and tried to rescue Pawan. He stated that Kapoor Singh, Dalip Singh, Mange Ram, Ranbir and real brother of Ranbir were armed with gandasis; Mani Ram was armed with Barchhi, Dariya Singh was armed with Bhala, whereas Bhartho and Tija were armed with lathis. He Criminal Appeal No.234-DB of 2002 & 3 Criminal Revision No.1500 of 2002 further stated that due to the injuries, his brother Pawan succumbed at the spot, whereas his brother Ish Kumar sustained grievous injuries and was admitted in the General Hospital, Hisar for treatment. He stated that the cause of grudge was that yesterday younger son of Mange Ram and Dariya Singh gave fist and slap blows to Satish, who is the Bhanja (sister's son) of their village and in that dispute, his brother Pawan took the side of Satish and had remonstrated Dariya Singh. Keeping that grudge in the mind, the aforesaid assailants have murdered his brother Pawan Kumar and caused injuries to Ish Kumar. He further stated that his nephew Karambir and mother Dharkan have also seen the occurrence. On the basis of ruqa sent in pursuance of such statement, FIR Ex.P-1 was recorded at about 11.00 pm on the same day. The special report was received by the learned Magistrate at about 4.30 am on 19.08.1999.
SI Sheotej Singh, the Investigating Officer visited the place of occurrence and lifted blood stained earth from two places, which were converted into separate sealed parcels. After preparing rough site plan (Ex.P81) and inquest report (Ex.P44), he sent the dead body of Pawan Kumar to the Civil Hospital, Hisar for post-mortem examination. The post-mortem examination on the dead body of Pawan Kumar was conducted by PW-15 Dr. V.K.Kawatra at about 11.30 am on 19.08.1999. Thereafter, SI Sheotej Singh visited the Civil Hospital, Hissar and recorded the statement of Ish Kumar-injured. He also took into his possession medico-legal report and parcel containing clothes of Ish Kumar. Thereafter, SI Sheotej Singh handed over the investigation to Inspector Shiv Dayal. Accused Kapoor Singh was arrested on 20.08.2009 and the remaining accused i.e. Mange Ram, Dalip Singh, Criminal Appeal No.234-DB of 2002 & 4 Criminal Revision No.1500 of 2002 Dariya Singh, Mani Ram, Ranbir surrendered in the Court on 23.08.1999, whereas Bhartho, Tija and Mahender surrendered in the Court on 31.08.1999. On their interrogation, accused suffered disclosure statements and in pursuance of such statements got recovered the weapon of offences i.e. gandasis, bhala, barchhi and lathis, which were taken into possession. After completion of investigation including obtaining the reports of the Forensic Science Laboratory (Exs.P79 & P80) to the effect that the human blood was found on parcels Exs.2, 3, 4a, 4b, 4c i.e. blood stained earth, pyjama, shirt, banian, pyjama respectively, whereas in respect of parcels Exs.1 and 4e i.e. other parcel of blood stained earth and shoes, it was found that the material was disintegrated, all the accused were made to stand trial except accused Mahender, who was found to be juvenile and proceeded against by the Juvenile Justice Board.
In order to prove its case, the prosecution has examined PW-15 Dr. V.K.Kawatra, who conducted post-mortem examination on the dead body of the deceased Pawan and found the following injuries:
"1. There was an incised wound 4" x 1" x 2½" deep on the right parietal region of scalp, placed anterior posteriorly 4" from the right pinna. The parietal bone was cut. The underlying meninges and brain substance was also out with infiltration of blood.
2. There was incised wound 5½" x 1½" x 2½" extending from right forehead to right cheek. It was placed vertical underlying frontal and zygomatic bone were cut with infiltration of blood.
3. There was an incised wound 4½" x 1¾" x 1½" on the left side of the cheek extending from left pinna to the mandible. The underlying bones were cut with infiltration of blood.Criminal Appeal No.234-DB of 2002 & 5
Criminal Revision No.1500 of 2002
4. There was an incised wound 4" x ¾" x 1" deep along the inferior border of the left side of the mandible. The tissue snowed with infiltration of blood.
5. There was an incised wound 2" x 1" x 1" on the left side of the front of neck, 2" from the left mandible. It was placed horizontally with infiltration of blood.
6. There was an incised wound 1" x ½" x ¼" on the right side of the neck just below the inferior border of the mandible. It was obliquely placed with infiltration of blood.
7. There was an incised wound 5½" x 2" x 1" on the right side of the neck. 1" below the right mandible. It crossed the midline and placed horizontally with infiltration of blood.
8. There was incised wound 9" x 3" x ¼" on the dorsum of the right hand and wrist. The skin was averted and the underlying radius bone was cut.
9. There was a contusion 12" x 1" on the left side of the front of chest, abdomen on the left side and was extending upto the waist.
10. There was an abrasion ¾" x ¼" on the anterior iliac crest on the left side.
11. There was an abrasion ¾" x ¾" on the front of the left side of chest, 2" above and medial to the left nipple.
12. There was an abrasion ½" x ½" on the front of left side of chest, 1½" above and medial to the injury No.11 already described."
In his opinion, the cause of death was shock and hemorrhage as a result of multiple injuries, which are ante mortem in nature and were sufficient to cause death in an ordinary course of nature. He also proved the post-mortem report as Ex.45.
PW-7 is Dr. Daya Nand, who medico-legally examined Ish Kumar, brother of the deceased on 18.08.1999 at about 6.30 pm and found the following injuries:
Criminal Appeal No.234-DB of 2002 & 6
Criminal Revision No.1500 of 2002 "1. There was (sharp edged wound as written in MLR) incised wound over left frontal - temporal region of size 6cm x 3.5cm into bone deep. Fresh bleeding was present.
2. There was sharp edged wound over right frontal region of scalp lying 4 cm lateral to midline and longitudinally placed of size 8.5cm x 1cm and it was scalp deep. Fresh bleeding was present.
3. There was an incised wound (sharp edged wound as written in MLR) over the base of left thumb on its medial aspect of the size of 1.5cm x 1cm into skin deep. Fresh bleeding was present.
4. There was a lacerated wound over left little finger on palmer aspect of size of 1.2 cm x 0.5 into skin deep. Fresh bleeding was present.
5. There was a red linear abrasion over right scapular region of size of 9cm x 1.2cm.
6. There was a lacerated wound over left scapular region of size of 3.5cm x 1.2cm into skin deep. Fresh bleeding was present.
7. There was a lacerated wound lying 3cm above wound No.6 of size of 2cm x 1cm. Fresh bleeding was present.
8. Red linear abrasion over posterior aspect of left side of chest in middle of it of size of 10 x 1.2cm.
9. There was a complaint of pain over antero-lateral aspect of neck of left side. Tenderness was present. No external mark of injury was seen.
10. There was an incised would (sharp edged wound as mentioned in MLR), lateral aspect of left leg over its 1/3rd region and of the size of 1cm x 0.8cm into bone deep. Corresponding cut on the pyjama was present."
He stated that injury Nos.1, 2, 3 & 10 were caused by sharp edged weapon, whereas rests of the injuries were caused by some blunt weapon. He also proved the medico legal report as Ex.P14. Criminal Appeal No.234-DB of 2002 & 7 Criminal Revision No.1500 of 2002 Apart from examining the medical evidence and other formal witnesses, the prosecution has also examined PW-13 Jai Singh and PW-14 Ish Kumar-injured, brothers of the deceased Pawan Kumar and eye-witnesses of the occurrence as well as PW-17 Shiv Dayal, DSP and PW-18 SI Sheotej Singh, who deposed in respect of the investigations carried out by them.
On the other hand, all the accused-appellants denied the incriminating circumstances appearing against them in their statements recorded under Section 313 Cr.P.C. and asserted that it is a case of blind murder and they have been falsely implicated in this case. Additionally, in response to question No.35 in the statement under Section 313 Cr.P.C., appellant Kapoor Singh stated that he was posted as a Constable at Dabwali. He was on duty at Fatehabad on the alleged date of occurrence in connection with the visit of Prime Minister at Fatehabad on 20.08.1999.
After going through the oral as well as documentary evidence on record, the learned trial Court, convicted and sentenced the appellants, as mentioned above.
Learned counsel for the appellants has vehemently argued that the witnesses examined by the prosecution in support of its case are the near relations of the deceased i.e. PW-13 Jai Singh and PW-14 Ish Kumar-injured. Their testimonies cannot found basis of conviction of the appellants and when the chain of circumstances has not been completed by the prosecution agency. It is argued that Madan, who has purportedly called Jai Singh, brother of the deceased Pawan, at the place of occurrence has not been examined by the prosecution agency. Criminal Appeal No.234-DB of 2002 & 8 Criminal Revision No.1500 of 2002 The place of occurrence is the shop i.e. a place visited by large number of persons, but still the prosecution has failed to join any independent witness. It is also argued that though the occurrence is said to have been taken place at 5.30 pm, the prosecution was set in motion after 10.00 pm i.e. after almost a delay of 5 hours. This time has been utilized to rope in all the family members of Girdhari Lal in as much as his four sons namely Kapoor Singh, Dalip Singh, Mange Ram and Mani Ram as well as two grand sons namely Dariya Singh son of Mani Ram and Ranbir son of Mange Ram have been implicated apart from two ladies. Thus, it is contended that the prosecution has failed to lead independent, cogent & reliable evidence to prove charges against the appellants. Therefore, the order passed by the learned trial Court convicting the appellants is not sustainable.
Having heard learned counsel for the parties, we are of the opinion that the prosecution has been able to prove its case in material particulars against fours sons and two grandsons of Girdhari Lal, whereas Bhartho and Tija are entitled to benefit of doubt, though said to be armed with lathis but no injury is attributed to them.
The prosecution case was set in motion on the statement of PW-13 Jai Singh, recording of which was completed by PW-18 SI Sheotej Singh at about 10.20 pm. In pursuance of such statement, ruqa was sent to the police station for registration of FIR, which was recorded at about 11.00 pm on the same day. The time of occurrence, as mentioned in the FIR, is 5.30 pm. PW-14 Ish Kumar, injured and brother of the deceased Pawan Kumar was medico-legally examined at about 6.30 pm by PW-7 Dr. Daya Nand. The doctor has noticed as Criminal Appeal No.234-DB of 2002 & 9 Criminal Revision No.1500 of 2002 many as 10 injuries on the person of Ish Kumar, out of which injury No.1 i.e. incised wound over left frontal - temporal region was dangerous to life and injury No.10 i.e. incised wound on lateral aspect of left leg was grievous in nature. The treatment of such large number of injuries, which are serious in nature and dangerous to life was the first priority of the relations. Pawan Kumar-deceased has received as many as 12 injuries. Such large number of injuries suffered by two brothers i.e. Ish Kumar and Pawan Kumar could not be the hand-work of one or two accused, as sought to be argued, but nature and quantity of such injuries is on account of role played by number of persons. The prosecution case was set in motion within a period of 5 hours of the occurrence and when Ish Kumar has received serious injuries and Pawan Kumar has died. On account of such injuries, the near relations were in shock and trauma. Therefore, the time of five hours taken in lodging of the first information report cannot be said to be fatal to the prosecution case. The FIR cannot be said to be lodged with gross delay, which can create doubt on the veracity on the prosecution case.
We do not find any merit in the argument that independent witnesses have not been joined in the investigation. Ish Kumar, brother of the deceased has received multiple injuries in the same occurrence. He is a stamped witness. He was medico-legally examined by PW-7 Dr. Daya Nand within one hour of the occurrence. Therefore, keeping in view the proximity of time in which he was medico-legally examined and the detailed eye-witness account deposed by him and corroborated by PW-13 Jai Singh, author of FIR, leaves no manner of doubt that the occurrence has taken place in the manner deposed by the prosecution witnesses. In spite of lengthy cross-examination, the defence could not Criminal Appeal No.234-DB of 2002 & 10 Criminal Revision No.1500 of 2002 shatter their testimonies or to throw doubt on the correctness of their statement. The testimony of both the witnesses i.e. PW-13 Jai Singh and PW-14 Ish Kumar is not contradictory to each other and inspire confidence.
Learned counsel for the appellants could not point any specific part in their testimonies, which may create doubt on the truthfulness of the said witnesses. The manner of occurrence as deposed by the said witnesses is supported by the medical evidence as well as recovery of the weapons of offence in pursuance of the disclosure statements suffered by the appellants. Though the weapons of offence have not been found to be stained with blood, but the graphic account given by PW-13 Ish Kumar and PW-14 Jai Singh supports the prosecution story in respect of role played by each of the accused i.e. Kapoor Singh, Dalip Singh, Mani Ram, Mange Ram, Ranbir Singh and Dariya Singh. However, we find that naming of Bhartho wife of Mani Ram and Tija wife of Mange Ram, who are said to be armed with lathi is doubtful. As many as 22 injuries were suffered by the deceased Pawan Kumar and injured Ish Kumar, however, none of them can be said to be attributed by lathi. Since no injury by lathi is said to have been inflicted on the deceased or on the person of the injured, the prosecution has failed to substantiate allegations against Bharto and Tija. They are, thus, entitled to benefit of doubt.
At this stage, an argument raised by the learned counsel for the appellants in respect of appellant Kapoor Singh needs to be discussed. As per his statement recorded under Section 313 Cr.P.C., Kapoor Singh was on duty in connection with the visit of Prime Criminal Appeal No.234-DB of 2002 & 11 Criminal Revision No.1500 of 2002 Minister at Fatehabad on 20.08.1999. We do not find any merit in such argument. Firstly, the said statement of the accused has not been substantiated by any evidence. The appellant Kapoor Singh has not examined any official from his employer to prove his duty on the said date. The occurrence has taken place on 18.08.1999, whereas the visit of the Prime Minister was on 20.08.1999. In the absence of any proof of duty of the appellant Kapoor Singh, which may prove his absence at the place of occurrence at the time and place as mentioned by the prosecution agency, such stand of the accused in his statement under Section 313 Cr.P.C. cannot be taken into consideration. The same has been rightly discarded by the learned trial Court. PW-13 Jai Singh, author of FIR and PW-14 Ish Kumar-injured have categorically stated in respect of use of weapons by the accused i.e. gandasis, bhala, and barchhi on the person of the deceased and Ish Kumar. The extent and nature of injuries by such weapons is dependent upon many factors including the force, the angle at which it hits the person, the angle at which the victim is standing or sitting. The eye-witness account deposed by PW-13 Jai Singh and PW-14 Ish Kumar in respect of manner of injuries, thus, cannot be said to be improbable, which may create doubt on the truthfulness of the prosecution witnesses.
In view of the above, the present appeal qua appellant Kapoor Singh, Dalip Singh, Mani Ram, Mange Ram, Ranbir Singh and Dariya Singh stands dismissed, whereas appeal qua appellant Bhartho and Tija stands allowed, who are acquitted of the charges framed against them by granting benefit of doubt.
Criminal Appeal No.234-DB of 2002 & 12Criminal Revision No.1500 of 2002 Now coming to the revision petition filed by Jai Singh, brother of the deceased and author of FIR for enhancement of sentence awarded to the accused, it may be noticed here that the accused have already been convicted and sentenced to undergo life imprisonment for the offence punishable under Section 302 IPC. The prosecution has failed to prove charges against Bharto and Tija. However, keeping in view the facts and circumstances of the present case, we are of the opinion that the case in hand is not of rarest of rare cases, which may warrant death sentence. Therefore, we do not find that any case is made out for enhancing the sentence upon Kapoor Singh, Dalip Singh, Mani Ram, Mange Ram, Ranbir Singh and Dariya Singh, whose appeal has been dismissed.
With the said observations, the present appeal as well as criminal revision stand disposed of.
(HEMANT GUPTA)
JUDGE
07.07.2011 (VIJENDER SINGH MALIK)
Vimal JUDGE