Punjab-Haryana High Court
Ramandeep Sharma vs State Of Punjab on 14 February, 2012
Author: A.N.Jindal
Bench: Hemant Gupta, A.N.Jindal
Criminal Appeal No.851-DB of 2009 ::1 ::
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DATE OF DECISION: FEBRUARY 14, 2012
Ramandeep Sharma
....Appellant
VERSUS
State of Punjab
....Respondent
CORAM:- HON'BLE MR.JUSTICE HEMANT GUPTA
HON'BLE MR.JUSTICE A.N.JINDAL
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?
PRESENT: Pt.Randhir Sharma, Advocate, for the
appellant.
Mr.Pavit S.Mattewal, Additional Advocate
General, Punjab.
****
A.N.JINDAL, J.
It is yet another case where a young girl named Rajesh Bala, having a foetus of about ten weeks was done to death by her husband resulting into prosecution of Ramandeep Sharma @ Nony (her husband), his brother Bharpur Sharma, his mother Kamlesh Rani and one Raju Sharma, nephew of Kamlesh Rani. Ultimately, the trial Court, vide its judgment dated 2.9.2009, convicted the accused Ramandeep Sharma under Section 302 of the Indian Penal Code sentenced him to undergo imprisonment for life and to pay a Criminal Appeal No.851-DB of 2009 ::2 ::
fine of Rs.2,000/- while the remaining accused were acquitted.
Rajesh Bala deceased was married to the appellant/accused (herein referred to as `the accused') Ramandeep in April, 2000. The couple had a daughter, namely, Geetanjali, aged about 3 years and she had again conceived. However, she was subjected to harassment at the hands of the accused on account of bringing inadequate dowry. Two days prior to the occurrence, i.e., on 10.5.2006, Santosh Sharma, PW-3 (wife of the complainant) visited the house of the accused. Later on, the complainant had also gone there to take his wife and as such they stayed there for a night. On that day, Ramandeep Sharma, accused, had come to the house in an inebriated condition and started taunting that they had not been given adequate dowry. Kamlesh Rani, accused, had asked that on account of giving inadequate dowry, their status in the society had been lowered and they felt humiliated. The accused Ramandeep Sharma also warned that her life (Rajesh Bala) was short, whereupon Santosh Sharma persuaded them not to torture her.
Ultimately, all of them went to sleep. Accused Ramandeep Sharma and Rajesh Bala deceased had retired in one room, whereas Kamlesh Rani and Raju Sharma went to sleep in another room. Complainant Ashok Kumar and Santosh Sharma also went to sleep in a separate room.
On the next day, at about 6.00 A.M., when the complainant and his wife woke up, they saw all the four accused standing in front of the room and whispering something. On inquiry about the deceased, they could not give satisfactory reply and when Criminal Appeal No.851-DB of 2009 ::3 ::
they went inside the bed room of Rajesh Bala, they saw her lying dead on the bed. There were ligature marks on her neck. When Ashok Kumar complainant and his wife asked as to what they had done, then they threatened them that if they had raised hue and cry, then they would also meet the same fate.
After some time, Ashok Kumar, complainant, went outside the house; gave telephonic message to his relatives and then set for the police station. However, SI Sukhdev Singh, PW-8, met him on the way and recorded his statement, Ex.PJ, which was completed at 3.30 P.M., on the basis of which FIR, Ex.PR was registered by SI Rajesh Kumar.
SI Sukhdev Singh, PW-8, then visited to the place of occurrence, got the place of occurrence photographed; prepared Inquest report, Ex.PF, recorded the statements of Harphool Chand and Rajinder Pal and dispatched the dead body for post-mortem examination. He also visited the place of occurrence; prepared the rough site plan, Ex.PS, where clothes of the deceased, i.e., Salwar Kameez, Bootidar, underwear, plastic bangles, one pair of ear tops, nose pin, one thread and one Taveet were produced before him and he took the same into possession. On 13.5.2006, the accused were arrested. On 15.5.2006, on interrogation, the accused Ramandeep Sharma suffered a disclosure statement, pursuant to which he got recovered a "Chunni", Ex.P-12, which was taken into possession vide memo, Ex.PO.
On the completion of the investigation, challan was presented against all the accused. Consequently, they were charged Criminal Appeal No.851-DB of 2009 ::4 ::
under Section 302 read with Section 34 of the Indian Penal Code.
During trial, the prosecution examined Dr.Bhagwan Singh, PW-1, Ashok Kumar, PW-2, Santosh Rani, PW-3, HC Narinder Singh, PW-4, Pawan Kumar, Photographer, PW-5, Pawan Kumar, PW-6, CII Jagdeep Singh, PW-7 and SI Sukhdev Singh, PW-
8.
As usual, the accused denied all the incriminating circumstances appearing against them and pleaded their false implication in the case in their statements under Section 313 of the Code of Criminal Procedure.
Accused Ramandeep Sharma further took the plea that he had cordial relations with his wife whereas the financial position of the complainant was not good. Even he and his mother had spent on the marriage of the complainant with Santosh Rani. Rajesh Bala had given her necklace to Santosh Rani for wearing, which she did not return. Therefore, there used to be a quarrel between Rajesh Bala and Santosh Rani and as such having fed up with the behaviour of Santosh Rani, she might have committed suicide. However, they neither demanded any dowry nor harassed her on that account but the complainant and his wife concocted the version in order to extract money from them. The accused Bharpur Sharma took the plea that he was living separately from Ramandeep Sharma. Accused Kamlesh Rani took the plea that Ashok Kumar, complainant had falsely implicated her.
In defence, they examined Mohan Singh, DW-1, who has stated that accused never demanded any dowry and Rajesh Bala did Criminal Appeal No.851-DB of 2009 ::5 ::
not die on account of harassment by the accused; Kuldeep Kaur, DW-2, a neighbour of the accused, has also corroborated the version of Mohan Singh. Mohd. Iqbal, DW-3, the landlord of Bharpur Sharma, has stated that Bharpur Sharma and his wife were living in his house as tenants since 2004.
The trial resulted into conviction of Ramandeep Sharma and acquittal of the other three accused.
No appeal has been preferred by the State or the complainant against their acquittal.
While building the case in favour of the appellant, in order to have verdict of acquittal, Pt.Randhir Sharma, learned counsel appearing for the appellant, has urged that the allegations with regard to demand of dowry do not stand substantiated. It is a case of homicidal death and that too on account of quarrelsome behaviour of Santosh Rani with the deceased. The latter used to demand the necklace from Santosh Rani but she was not returning the same. The presence of the witnesses at the spot is not probable. Since the accused had no role to play and no reason/motive to cause her death, therefore, his complicity in the commission of crime cannot be maintained.
To the contrary, Mr.Pavit S.Mattewal, Additional Advocate General, Punjab, has stated that Rajesh Bala was already having a daughter in her lap and she was having the pregnancy of ten weeks and therefore, there was no reason for her to commit suicide. There is definite evidence of Ashok Kumar, complainant that he alongwith his wife used to visit the house of the accused and as such, their Criminal Appeal No.851-DB of 2009 ::6 ::
presence at the house of the accused on the day of occurrence cannot be doubted. Anyway, the dead body of Rajesh Bala was found in the bedroom of the accused. No evidence was traced by the Investigating Officer to conclude that the death was on account of hanging. Ashok Kumar, complainant, PW-2 and Santosh Rani,PW-3, have specifically stated that both the accused and the deceased slept in one room and on the next morning i.e., on 13.5.2006 at about 6.00 A.M., all the accused were seen standing in front of the room in a nervous condition, consequently, they went inside the bed room and saw her lying dead. As such, it was for the accused to explain as to how her live body was turned into a corpse. She was hale and hearty on the night intervening 11/12.5.2006. She was not alleged to be suffering from any depression or mental disorder so as to derive herself to death by suicide. By referring to the statements of the two witnesses, namely, Ashok Kumar and Santosh Rani, he has stated that the accused had come in an inebriated condition on the evening of 12.5.2006 and he and his mother were taunting Rajesh Bala for not bringing sufficient dowry. While going to the worst, counsel has urged that, in any case, though the specific evidence with regard to demand of dowry may be lacking, yet it is established that the accused was annoyed on account of bringing inadequate dowry and had no soft corner for her as is evident from the evidence that he had threatened that her life was short, which proved to be true on the next day. He also contended that the dowry could be taken as motive for murder. As such, he harped for maintaining the judgment of conviction against the accused.
Criminal Appeal No.851-DB of 2009 ::7 ::
Undisputed facts prevailing over the case are that
Ramandeep Sharma was married to Rajesh Bala in the year 2000 and she died of strangulation on the night intervening 11/12.5.2006 and her post-mortem examination was conducted on 12.5.2006. The dead body reached the hospital at 4.30 P.M., which was identified by Harphool Chand. The police papers were received at 5.30 P.M., and the post mortem examination was conducted at 5.45 P.M. The dead body of Rajesh Bala was recovered from the bed room of the accused by the Investigating Officer. She died in other than normal circumstances within seven years of marriage.
As regards the argument that it was a case of suicidal death, the statement of Dr.Bhagwan Singh, PW-1 would have to be referred. Dr. Bhagwan Singh has stated that as per information furnished by the police, the death was due to strangulation. The length of the body was 164 cms; the body was of moderately built, moderately nourished, young female.
Clothings:
(1) biscuity shaded Salwar and (2) Kameej (3) Pink under wear (4) plastic bangles, violet colour (5) gold tops (6) gold nose pin, rigour mortis was present and was fully developed.
Post mortem observations:
Back of the chest, lumber area and neck fixed. Mouth was closed, eyes were semi closed and vulging. Blood stained froth from both the nostrils and mouth. Mouth, pharynx and oesophagus were healthy and congested. Mouth and pharynx contain blood stained froth.
Criminal Appeal No.851-DB of 2009 ::8 :: Ligature mark.
A ligature mark reddish brown in colour measuring 12 cm in length and variable breadth maximum breadth being 1/1-2 cms starting from left side neck, 3 cm left to midline, passing 2 cm below the top of thyroid cartilage, going towards right side and slightly downwards ending at a point 9 cm. Below the right mastoid process, there was a break of ligature mark by 1.5 cm on right side of midline. The ligature is dry and hard. On dissection of the neck, the subcutaneous tissue under the ligature mark is ecchymosed external, and internal jugglar veins congested full of dark colour blood. Intima of both carotid arteries contused at the level of ligature mark.
Laryngeal cartilages and trachea rings are healthy. Neck muscles contused at the level of ligature mark. Multiple abrasions reddish blue in colour were present on the right side of face and neck. Larynx and trachea were healthy and congested and contained blood stained froth. Pin head sized petchial haemorhagic spots seen in both bulbar and palpebral conjuctive. Face was cyanosed. Scalp skull and vertebra were healthy Mengiges and brain, spinal cord healthy and congested and showed petechial haemorhagic spots. Ribs and cartilages were healthy. Plueural cavities were healthy. Lungs congested, healthy and on cut section the bloody froth came out. Pericardium, heart largineal vessels, coronary vessels, congested, healthy and contained blood. Lower part of the abdomen showed striae gravidarum, peritoneum was healthy. Stomach was healthy and contained a little semi digested food. Small intestines were healthy and contained juices and chyle and large intestines Criminal Appeal No.851-DB of 2009 ::9 ::
were healthy and contained faecal matter and gases. Liver was healthy and congested, spleen was healthy and congested. Kidney healthy and congested, bladder was healthy and was containing a little urine. Uterus was healthy and large size, like a gravid uterus. On cutting product looking like a small fetus was present. Product and uterus were sent to forensic science lab in a sealed jar with preservative for ascertaining the age of the conception.
Dr.Bhagwan Singh, PW-1, being the member of the Board of Doctors, further opined that the cause of death was due to asphyxia as a result of strangulation and was sufficient to cause death in the ordinary course of nature. The injuries were ante- mortem in nature. The time between injuries and death was immediate and between death and post-mortem was within 24 hours. He proved the carbon copy of the post-mortem report, Ex.PB. He also opined that there was a foetus of about ten weeks in the womb of the deceased. The duration as given by Dr.Bhagwan Singh between death and post-mortem synchronizes with the time of occurrence.
As the accused was deplete with anger when he came to home and was in an inebriated condition, as such as soon as they went to sleep, the accused must have pounced upon her out of anger. Scratches on the face and neck indicate the marks of struggle and pressing of neck. During the cross-examination, the doctor has completely ruled out it to be a case of hanging, rather has specifically stated that the cause of death was strangulation. Though it has been stated by him that according to Modi's Medical Criminal Appeal No.851-DB of 2009 ::10 ::
Jurisprudence, there is bound to be fracture of larynx and trachea in case of death by hanging but in the present case, there was no such injury but this witness has further stated that it is not necessary in each and every case that larynx and trachea should be fractured and the death could take place due to asphyxia. The Doctor has also accepted that in case of hanging the ligature mark is above thyroid cartilage, but in the present case, the ligature mark was not going upward. Therefore, there was least possibility of fracture. In the present case, the ligature mark was somewhat downwards on the right side or the left side and it was not parchment like. There were scratch marks on the face and neck which indicate struggle. The doctor was also of definite opinion that it was a case of death by strangulation.
Now coming to other evidence, the dead body was recovered from the bedroom of the accused lying on the bed. Both Ashok Kumar and Santosh Rani have stated that accused Ramandeep Sharma had come in an inebriated condition. Both the witnesses were consistent in saying that the accused was harassing and taunting Rajesh Bala for bringing inadequate dowry and was saying that she had brought humiliation to them in the society on account of bringing less dowry. Both the witnesses are consistent that they went to sleep in a separate room whereas the accused and the deceased had slept in one room and Kamlesh Rani and Raju Sharma had gone to sleep in another room. From these proved facts on record, it is apparent that in the intervening night of 11/12.5.2006 when Rajesh Bala was done to death, both she and the accused Criminal Appeal No.851-DB of 2009 ::11 ::
were in one room. Therefore, it was for the appellant to explain as to how and under what other circumstances she died.
While segregating the case of Raju, the trial Court has observed that Raju Sharma was not present in the house. The trial Court has also accepted the version that Bharpur Sharma was married and was living in a separate house. Therefore, the pendulum stood at the accused being the prime perpetrator of the crime. The Investigating Officer had prepared the inquest report. The said report does not raise any finger to support the plea of the accused that the deceased had committed suicide. He has also stated that there was stiffness in the joints. Eyes and mouth were closed and the sign of blue colour appeared around the neck after strangulation. He has also stated that there was a sign of some tie around the neck and the death was due to strangulation. The Investigating Officer did not find any rope or hook for fixing the rope for commission of suicide. No stairs or table were found in the room, which could be used by the deceased for fixing the rope to the roof. Thus, it is apparent that it was homicidal death. Since the dead body was recovered from the house of the accused and the presence of other accused, who were acquitted by the trial Court, was found to be doubtful, a conclusion can be drawn that it was accused Ramandeep Sharma, who had committed the crime. The plea of the accused that on the day of occurrence, he was not present in the house and he came to know about the death of his wife on the next day, does not stand established by any evidence. Even, he has failed to mention where he had gone during the night of occurrence. Thus, such bald Criminal Appeal No.851-DB of 2009 ::12 ::
statement having no legs to stand, invites this Court to draw a conclusion that it was the accused, who committed the crime. Even otherwise, the presence of the accused stands proved from the evidence of Ashok Kumar, PW-1 and Santosh Rani, PW-2.
In State of Rajasthan Vs. Kashi Ram, 2007(1) RCR (Criminal) 131, it was held that when a woman and two minor children were murdered by strangulation in the night and there was no eyewitness of the occurrence and the husband was in the house on the night of occurrence and thereafter he became traceless and the accused failed to explain as to how and when he parted with company of deceased, in a case resting of circumstantial evidence if the accused fails to offer a reasonable explanation in discharge of the burden placed on him that itself provides an additional link in the chain of circumstances proved against him."
There is another evidence of recovery of "Chunni" (Dupatta) from the accused which indicates that he had committed the murder with the said "chunni". The recovery of "chunni" has not been shattered by the accused in any manner. The occurrence had taken place during the night intervening 11/12.5.2006. The accused fled away from the spot thereafter and was arrested on 13.5.2006. The absconding of the accused for three days also goes a long way to point a needle of guilt against him.
From the entire evidence as led by the prosecution, the following facts have come to light, which convince us to hold the guilt of the accused beyond reasonable doubt:-
i) Both the accused and the deceased had no cordial Criminal Appeal No.851-DB of 2009 ::13 ::
relations;
ii) the presence of the two witnesses on the day of occurrence is not doubtful. Whatever they had seen, they disclosed to the police. Both of them have categorically stated that the accused was in an inebriated condition and had a quarrel with Rajesh Bala and they persuaded the accused and thereafter they had gone to sleep on the night of 11.5.2006;
iii) Both the accused and deceased slept in one room and the other family members were sleeping in different rooms.
iv) on the morning of 12.5.2006, Rajesh Bala was found dead in the room occupied by her and the accused;
v) the medical evidence proves that the death was due to asphyxia on account of strangulation;
vi) the accused neither raised hue and cry, nor shifted her to the hospital, rather he remained silent and fled away from the spot and he was arrested on 13.5.2006.
vii) the deceased was shifted to the hospital by the complainant;
viii) the accused also failed to explain as to how and under what other circumstances, Rajesh Bala had died;
ix) the accused had set up the false plea of alibi and no evidence has been led to prove that he was not present in the house and as to where he had gone;
x) the recovery of "chunni" used for the commission of Criminal Appeal No.851-DB of 2009 ::14 ::
crime was effected at the instance of the accused. All the aforesaid circumstances convince us to hold that accused Ramandeep Sharma was the perpetrator of the crime and the medical evidence has clearly proved that it was a case of murder and not suicide. The sentence awarded against the accused appears to be reasonable and commensurates with the offence committed by him.
For the foregoing reasons, we see no infirmity in the impugned judgment and dismiss the appeal.
( HEMANT GUPTA ) (A.N.JINDAL ) JUDGE JUDGE February 14, 2012 Kalra