Punjab-Haryana High Court
Jagga Singh vs State Of Punjab on 1 October, 2013
Author: Anita Chaudhry
Bench: Anita Chaudhry
Crl.A. No.781-DB of 2009 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl.A. No.781-DB of 2009
DATE OF DECISION: OCTOBER 1, 2013
JAGGA SINGH ...APPELLANT
VERSUS
STATE OF PUNJAB ...RESPONDENT
CORAM: HON'BLE MR.JUSTICE M.JEYAPAUL.
HON'BLE MRS.JUSTICE ANITA CHAUDHRY.
1. Whether the judgement should be reported in the digest? Yes
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PRESENT: MR.VINOD GHAI, SR. ADVOCATE
WITH MR.MANDEEP KAUSHIK, ADVOCATE
FOR THE APPELLANT.
MR.B.S.BHALLA, ADDL.A.G., PUNJAB.
M.JEYAPAUL, J.
1. Accused Jagga Singh was convicted under Section 302 IPC and was sentenced to undergo life imprisonment and to pay a fine of `5000/- and in default of payment of fine, to undergo further R.I. for 6 months. He has challenged the judgement of conviction and sentence recorded by the trial Court.
2. The case of the prosecution had been well projected through the statement of Jaswant Singh later examined as PW3. His statement which ultimately culminated in registration of the first information report reads as follows:-
a) He has studied up to 10+1 class in Government Sr.Secondary School, Budhlada. His father died about 7-8 years ago. After the demise of his father accused Jagga Singh used to visit his house. He had developed Gulati Sumit 2013.10.05 14:34 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl.A. No.781-DB of 2009 -2- some domestic relations with his family. Accused Jagga Singh performed his marriage with some other girl of village Mehal Kalan about 1½ years ago without the consent of his family members. Kitabo Kaur, the mother of Jaswant Singh insisted that accused should perform kareva with her, but accused Jagga Singh did not agree for that. As accused Jagga Singh had called his mother to Bareta Mandi, Jaswant Singh, his brother Sukhdeep Singh and his mother Kitabo Kaur proceeded to Bareta Mandi on 6.9.2006.
They could not locate accused Jagga Singh at Bareta Mandi. When they were returning to Budhlada Mandi searching for the accused, the accused came from behind armed with gandasa at about 6.30 p.m. and gave a reverse gandasa blow on the head of his mother. His mother fell down. Accused Jagga Singh gave another blow from its sharp side on her arm. Accused Jagga Singh indiscriminately attacked his mother with gandasa. Her head was amputated from the body. She died on the spot. Jaswant Singh and Sukhdeep Singh raised alarm. Accused Jagga Singh fled away from the spot with gandasa.
b) Based on the above statement suffered by PW3 Jaswant Singh, a formal first information report Ex.PC/2 was registered by MHC Hardev Singh. PW8 S.I. Jasvarinder Singh took up the case for investigation. He prepared inquest report Ex.PL. He arrested the accused near Bahadarpur crossing on 7.9.2006 and on the basis of the disclosure statement Ex.PG suffered by him, blood stained gandasa was recovered at his instance.
c) PW3 Jaswant Singh and PW4 Sukhdeep Singh have spoken about the murder committed by accused Jagga Singh.
d) PW5 Dr.Sohan Lal Jain, conducted the post mortem Gulati Sumit 2013.10.05 14:34 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl.A. No.781-DB of 2009 -3- examination on the dead body of Kitabo Kaur on 7.9.2006 in the morning. He found the head and upper part of the neck was lying separately from the trunk. He found the following injuries on the dead body of Kitabo Kaur:-
"1. Head and upper part of neck was lying separately from the trunk. Incised wound was present on both surface, underlying trachea, esophagus, blood vessels, bone and spinal cord were cut. Clotted blood was present on both the surfaces. Clotted blood was present in trachea.
2. Incised wound 2 x 0.5 cm above right eyebrow on forehead. On dissection underlying tissue were cut up to bone.
3. Incised wound 12 x 5 cm just below right elbow on the back of right forearm. On dissection underlying bone was fracture. Corresponding cut in clothes was present.
4. 4 x 1cm incised wound on the inner aspect of right hand in the middle on dorsal aspect. On dissection underlying tissues were cut and bone fracture was present.
5. 4 x 2 cm incised wound in the middle of right clavicular region. Cut tissues up to bone. Corresponding cut in clothes was present.
6. Incised wound 10 x 4 cm on the back of the left forearm in the upper part. On dissection underlying soft tissues were cut. Bone fracture was present. Corresponding cut was present on the clothes.
7. 5 x 1 cm incised wound on the inner aspect of left Gulati Sumit 2013.10.05 14:34 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl.A. No.781-DB of 2009 -4- forearm. 5 cm above wrist on dissection underlying soft tissues were cut. Bone fracture was present. Corresponding cut was present on the clothes.
8. Abrasion 1 x 0.4 cm on front of right knee.
9. An abrasion 1 x 0.3 cm on the top of front of left arm."
He opined that Kitabo Kaur had died due to shock and haemorrhage as a result of ante mortem injuries which were found on the person of the deceased. Those injuries were sufficient to cause death in the ordinary course of nature.
e) The FSL report Ex.PT would disclose that gandasa did contain human blood.
3. Accused Jagga Singh in his statement under Section 313 Cr.P.C. submitted that a false case has been foisted on him.
4. The trial Court having relied upon the ocular testimony of PW3 Jaswant Singh and PW4 Sukhdeep Singh in the background of the FSL report and the medical evidence available on record returned a verdict of conviction and sentence as stated supra.
5. Learned senior counsel appearing for the appellant would vehemently submit that PW3 and PW4 were not the eye witnesses to the occurrence, but the investigating agency had planted them as eye witnesses in order to gain support for the case of the prosecution. Referring to the evidence of PW3 Jaswant Singh, he would submit that PW3 had come to the scene of occurrence only alongwith his uncles to participate in the inquest report. Referring to the inquest report he would submit that only the uncles of PW3 had participated in the inquest proceedings. Had PW3 and PW4 Gulati Sumit 2013.10.05 14:34 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl.A. No.781-DB of 2009 -5- been present at the scene of occurrence, there was no reason for PW8 to ignore their presence during the course of conducting inquest proceedings. Referring to the post mortem examination done by PW1 Dr.Sohan Lal Jain, he would submit that the occurrence should have taken place long prior to the time of occurrence referred to by the prosecuting agency. Therefore, it is his submission that the prosecution miserably failed to bring home the guilt to the accused.
6. We heard the submissions made by learned Addl.A.G., Punjab supporting the verdict of conviction and sentence recorded by the trial Court.
7. PW3 Jaswant Singh who was 18 years old and PW4 Sukhdeep Singh who was 16 years old were the sons of deceased Kitabo Kaur. They have spoken in one voice that accused Jagga Singh had a domestic relationship with his family. Deceased Kitabo Kaur pressed for performance of marriage by accused Jagga Singh, inspite of the fact that he had got married another girl about 1½ years ago. PW3 and PW4 had accompanied their mother Kitabo Kaur to Bareta Mandi for the purpose of negotiating the issue. But unfortunately, the accused who came from behind armed with gandasa attacked Kitabo Kaur indiscriminately and severed her head from the trunk portion.
8. Just because PW3 and PW4 were related to Kitabo Kaur, the Court cannot reject their testimony on the sole ground that they were closely related to the deceased. There should be some cogent reason for rejection of their testimony. Being the young sons of Kitabo Kaur whose husband had Gulati Sumit 2013.10.05 14:34 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl.A. No.781-DB of 2009 -6- already died, there was every reason for PW3 and PW4 to accompany their mother to the scene of occurrence. The entire family consisting of the deceased, PW3 and PW4 were up in arms as accused Jagga Singh who had developed some relation with deceased Kitabo Kaur had chosen to marry another girl leaving Kitabo Kaur in the lurch. Kitabo Kaur having insisted for performance of karewa had proceeded to Bareta Mandi for negotiation alongwith her two sons. In our considered view, the presence of PW3 and PW4 at the scene of occurrence is found to be quite natural.
9. PW3 and PW4 had not made any attempt to interfere in the gruesome murder committed by accused Jagga Singh. Firstly, we find that PW3 and PW4 were very young at the time of occurrence. Accused Jagga Singh had started attacking Kitabo Kaur with all vehemence at his command with a sharp edged gandasa. PW3 and PW4 should have been gripped with a shock of their life. Accused Jagga Singh had slipped into madness and having been persuaded by animal extinct severed the head of Kitabo Kaur from the trunk. It is quite natural that PW3 and PW4 would have been awestruck. In such a situation, it is quite abnormal, in our opinion, to expect such young boys to react to save their mother from the clutches of the man who behaved like a beast.
10. The occurrence had unfolded at 6.30 p.m.. Without any loss of time PW3 had lodged the first information report at 8.15 p.m. The formal first information report which was recorded at 8.20 p.m. reached the Court of learned Judicial Magistrate at 11.30 p.m. In other words, we do not find any perceptible delay either in lodging the complaint or in despatching the Gulati Sumit 2013.10.05 14:34 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl.A. No.781-DB of 2009 -7- special report to the learned Judicial Magistrate.
11. The very fact that the first information report which was lodged at 8.15 p.m. within about 1 hour and 45 minutes giving graphic account of the murder committed by accused Jagga Singh by PW3 Jaswant Singh would go to show that the presence of PW3 at the scene of occurrence cannot at all be doubted.
12. PW3 Jaswant Singh during the course of cross-examination has of course stated that he and his brother Sukhdeep Singh @ Sandeep came to the scene of occurrence on a Peter Rehra. His uncles Bawa Singh and Amar Singh also reached the place of occurrence on a Peter Rehra. From the above statement of PW3 we cannot jump to a conclusion that PW3 and PW4 arrived at the scene of occurrence alongwith Bawa Singh and Amar Singh on the very same Peter Rehra. The entire evidence of PW3 will have to be thoroughly analyzed to see whether PW3 and PW4 accompanied Bawa Singh and Amar Singh to the scene of occurence. A solitary sentence in the deposition of PW3 that he and his brother Sukhdeep Singh @ Sandeep also came on that Peter Rehra cannot torn out of context. PW3 was emphatic that he and his brother came alongwith their mother by bus in search of accused. The evidence of PW4 Sukhdeep Singh also completely corroborates the evidence of PW3.
13. The evidence of PW3 and PW4 would go to show that the inquest proceedings were conducted only after the arrival of Bawa Singh and Amar Singh, the uncles of PW3 and PW4.
14. The dead body was identified by Bawa Singh and Amar Singh, Gulati Sumit 2013.10.05 14:34 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl.A. No.781-DB of 2009 -8- the brothers of deceased Kitabo Kaur. The inquest proceedings under Section 174 Cr.P.C. is conducted to know the cause of death. Of course, Section 175 Cr.P.C. would read that a police officer while conducting the proceedings under Section 174 Cr.P.C. may summon two or more persons for the purpose of investigation to know the cause of death. He may also summon any other person who appears to be acquainted with the facts of the case. As the cause of death was already known through the eye witnesses' account, PW8 had chosen to associate only Bawa Singh and Amar Singh, the brothers of deceased Kitabo Kaur for the purpose of identifying the dead body. Therefore, non-association of PW3 and PW4 by PW8 during the course of inquest proceedings does not cause any cloud in the version of the prosecution that the occurrence was witnessed by none other than the sons of deceased Kitabo Kaur.
15. The assailant cannot be expected to adhere to a stereo-type pattern of causing injury to the victim. Even after severing the head from the trunk, an assailant might have given vent to his anger causing further injuries on the victim. It would be unnatural to expect a standard pattern of attack by an assailant on the victim. PW3 and PW4 have deposed before the Court what they had witnessed at the scene of occurrence.
16. PW5 Dr.Sohan Lal Jain who conducted the post mortem examination has deposed that the probable time that elapsed between the death and post mortem was within 24 hours. The approximate time of death had been given by the Doctor who conducted post mortem examination on the basis of presence of rigor mortis. The approximate outer limit given by Gulati Sumit 2013.10.05 14:34 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl.A. No.781-DB of 2009 -9- the post mortem Doctor also covers the time of occurrence spoken to by the eye witnesses.
17. The FSL report would go to establish that the gandasa which was recovered from the accused on the basis of his disclosure statement did contain human blood. No explanation was forthcoming as to how the gandasa recovered at the instance of accused did contain human blood. The medical evidence and the FSL report also lend corroboration to the case of the prosecution.
18. The prosecution has established beyond any pale of doubt that it was only accused Jagga Singh who committed the murder of Kitabo Kaur. The trial Court had returned of verdict of conviction and sentence on a thorough analysis of the evidence on record. No case was made out by the appellant to interfere with the well considered judgement of the trial Court. Therefore, confirming the judgement of conviction and sentence passed by the trial Court, the appeal stands dismissed.
(M.JEYAPAUL)
JUDGE
October 1, 2013 (ANITA CHAUDHRY)
Gulati JUDGE
Gulati Sumit
2013.10.05 14:34
I attest to the accuracy and
integrity of this document
High Court, Chandigarh