Punjab-Haryana High Court
State Of Punjab vs Manjit Kaur And Others on 8 May, 2009
Bench: J.S. Khehar, Jora Singh
Crl. Miscellaneous No. 63-MA of 2008. 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Crl. Misc. No. 63-MA of 2008.
DECIDED ON : 08.05.2009
State of Punjab
Appellant.
VERSUS
Manjit Kaur and others
Respondent.
CORAM:HON'BLE MR. JUSTICE J.S. KHEHAR.
HON'BLE MR. JUSTICE JORA SINGH
Present: Mr. Suvir Sehgal,
Additional Advocate General, Punjab.
Mr. G.S.Gill, Advocate,
for respaondents No. 1 and 2.
Ms. Navdeep, Advocate,
for respondents No. 3 and 4
(Amicus-curiae).
JORA SINGH,J.
State of Punjab through Public Prosecutor filed an application under Section 378(3) Cr.P.C. for permission to file an appeal to impugn the judgment dated 5.9.2007, rendered by the Additional Sessions Crl. Miscellaneous No. 63-MA of 2008. 2 Judge, Moga, in Sessions Case No.61 of 11.10.2005 under Sections 302/120-B/148/149 of the Indian Penal Code, bearing First Information Report No.156 dated 27.6.2005, Police Station Baghapurana, whereby accused Ranjit Singh and Inderjit Kaur were convicted under Section 302 read with Section 120-B of the Indian Penal Code and were sentenced to death, whereas Manjit Kaur alias Rani, Jagdip Singh alias Manak, Neeraj alias Ginni and Buta Singh were acquitted of the charges levelled against them.
Against the judgment dated 5.9.2007 and order dated 18.9.2007, Murder Reference No. 7 of 2007 was declined by this court vide judgment dated 22.4.2008, but the judgment of conviction dated 5.9.2007 was upheld. Order of sentence was modified. Accused Ranjit Singh and Inderjit Kaur were directed to undergo rigorous imprisonment for life and to pay a fine of Rs.1,00,000/- each. In default of payment of fine, to further undergo rigorous imprisonment for a period of one year each.
Prosecution story, in brief, is that Sub Inspector Kirpal Singh on 27.6.2005, was present near bus stand of village Rajiana. At about 10 A.M., Inderjit Crl. Miscellaneous No. 63-MA of 2008. 3 Kaur( accused) wife of Kulwant Singh alias Makhan Singh deceased along with Balwant Singh Subedar son of Pala Singh had met the police party and reported to the police, that she was married with Kulwant Singh. Kulwant Singh was an ex-serviceman and after retirement, about three years earlier, started running a school under the name and style of Dashmesh Public School. Baldev Singh and Gurdev Singh are the partners. She has one daughter aged about 14-15 years and one son aged 11-12 years. On 26.6.2005 at about 8.30 P.M., she along with her husband and children was present in the house. Kulwant Singh had left the house by saying that he is to be back after ten minutes. Kulwant Singh had gone on a scooter but failed to return. She made an effort to trace, Kulwant Singh during night time, but he was not traceable. To-day, she came to know that a dead body of a male is lying in the open fields near the bridge of canal known as Viroke Wali Nahar. Dead body was found to be of Kulwant Singh. Number of injuries were noticed on the dead body. After the completion of investigation, six accused namely Ranjit Singh, Manjit Kaur, Inderjit Kaur, Jagdip Singh, Neeraj and Buta Singh, were challaned. Crl. Miscellaneous No. 63-MA of 2008. 4
Case was committed to the Court of Session for trial.
Accused were charged under Sections 148, 302, 149 and 120-B I.P.C. to which they pleaded not guilty and claimed trial.
Prosecution examined as many as 17
witnesses.
After the close of prosecution evidence, the
accused were examined under Section 313 Cr.P.C., to
explain the allegations. They denied all the allegations. Defence version of Manjit Kaur, Jagdip Singh, Neeraj and Buta Singh was that they are innocent. They have no connection with the murder of Kulwant Singh.
Relevant witnesses to connect the respondents-accused Manjit Kaur, Jagdip Singh, Neeraj and Buta Singh with the crime, is PW-6 Parminder Kaur. She is the mother of the deceased Kulwant Singh. Parminder Kaur stated that Kulwant Singh was an Ex. Army man. After retirement, he was running a private school. Inderjit Kaur is the wife of Kulwant Singh. Ranjit Singh developed illicit relations with Inderjit Kaur. Inderjit Kaur was a follower of Mohan Dass Chisti. Kulwant Singh and Inderjit Kaur used to go to Crl. Miscellaneous No. 63-MA of 2008. 5 the Dera of Baba Mohan Dass Chishti in order to pay obeisance Ranjit Singh is the son of Baba Mohan Dass Chisti. Ranjit Singh used to visit the house of Kulwant Singh. She was restraining. Ranjit Singh not to visit the house of Kulwant Singh, but he did not agree. She had informed Kulwant Singh about the visit of Ranjit Singh. Kulwant Singh had directed Ranjit Singh not to visit his house Ranjit Singh had supplied mobile phone to Inderjit Kaur in order to contact. Kulwant Singh again reprimanded Inderjit Kaur for accepting the mobile phone from Ranjit Singh. Buta Singh, Neeraj, Jagdip Singh and Manjit Kaur also used to visit the house of Inderjit Kaur along with Ranjit Singh. She came to know that dead body of Kulwant Singh was lying near the canal. She along with her family members including neighbours had gone to the spot and reported the murder of Kulwant Singh at the instance of Inderjit Kaur. On 1.7.2005, Inderjit Kaur had made an extra-judicial confession before her that she with the connivance of co-accused had murdered Kulwant Singh.
PW-7 Jit Singh resident of Ganji Gulab Singh Wala stated that he remained Sarpanch of the village. On Ist May about one year back, Ranjit Singh came to Crl. Miscellaneous No. 63-MA of 2008. 6 his house. He was in a bad mood. Tea was supplied, then Manjit Singh made an extra judicial confession before him that Kulwant Singh was murder by him with the connivance of co-accused. On the same day, at about 1.30 P.M., Jagdip Singh came and made an extra judicial confession that Kulwant Singh was murdered as per conspiracy hatched by them.
Then at 3 P.M. Rani came to his house. She also made an extra judicial confession that Kulwant
Singh was murdered by them as per conspiracy.
PW-9 Rajwant Singh, resident of Kanuke Kalan stated that on 26.6.2005, he had gone to the house of her aunt Parminder Kaur, resident of village Rode. Kulwant Singh and Inderjit Kaur were also in the house. Ranjit Singh, Ginni, Manjit Kaur alias Rani came in a car. Inderjit Kaur and Manjit Kaur went on one side and started consulting. Tea was served to all. Ranjit Singh requested Kulwant Singh to accompany him as there is some urgent work. Kulwant Singh had gone on a scooter with Ranjit Singh. Other accused had gone in a car. On the next day, he along with Beant Singh, brother of Kulwant Singh had gone to Faridkot. On his mobile cell Beant Singh received message regarding Crl. Miscellaneous No. 63-MA of 2008. 7 murder of Kulwant Singh, then he came back to the spot where dead body of Kulwant Singh was lying. Inderjit Kaur was having illicit relation with Ranjit Singh.
PW-13 Gurkewal Singh resident of Ganji Gulab Singh stated that his native village is Rode. On 26.6.2005, he was going to village Rode on a tractor. At 8.45 P.M. he was near Guru Nanak College, village Rode, then sighted Neeraj, Ginni, Buta Singh, Ranjit Singh, Kulwant Singh, Manjit Kaur and Jagdip Singh with one car and scooter. On inquiry, accused replied that they are going to village wairo Ke. On the next day, he came to know about the murder of Kulwant Singh.
Mr. Suvir Sehgal, Additional Advocate General, Punjab, argued that Kulwant Singh deceased was running a school after retirement from army. Ranjit Singh is the son of Baba Mohan Dass Chishti. Inderjit Kaur is the follower of Baba Mohan Dass Chishti. She developed illicit relation with Ranjit Singh. Ranjit Singh had supplied mobile cell to Inderjit Kaur. As per conspiracy, Kulwant Singh was brought from his house. On 26.6.2005, after murder, dead body was thrown near the canal of Vairoke Wali. To connect Manjit Kaur, Jagdip Singh, Neeraj and Buta Singh with the crime, Crl. Miscellaneous No. 63-MA of 2008. 8 there is evidence of last seen. Rajwant Singh (PW-9) had seen the deceased last time in the company of the above said accused. Gurkewal Slingh (PW13) had also seen the deceased in the company of Manjit Kaur, Jagdip Singh, Buta Singh Ranjit Singh and Neeraj. Dead body was recovered on the next day i.e. 27.6.2005. Jagdip Singh and Rani had made extra judicial confession before him. Jit Singh (PW7) stated that Kulwant Singh was murdered as per conspiracy. Dead body was thrown near the canal. Evidence of last seen and extra judicial confession was not properly appreciated by the learned trial Court. There was no reason to disbelieve PW-7 Jit Singh, PW-9 Rajwant Singh and PW-13 Gurkewal Singh.
Mr. G.S.Gill and Ms. Navdeep, learned counsel for the respondents-accused argued that evidence of last seen and extra judicial confession was rightly rejected because Parminder Kaur is the mother of the deceased. She had the knowledge that Inderjit Kaur was having illicit relation with Ranjit Singh. Parminder Kaur was present when Kulwant Singh was requested to accompany Ranjit Singh. In case, Ranjit Singh was having illicit relation with Inderjit Kaur and was directed not to visit their house, then there was no idea Crl. Miscellaneous No. 63-MA of 2008. 9 to allow Kulwant Singh to accompany Ranjit Singh and others. Jit Singh, Rajwant Singh and Gurkewal Singh are related to Parminder Kaur. Rajwant Singh and Gurkewal Singh are the nephew of Parminder Kaur. Rajwant Singh is the resident of village Kanuke Kalan and this village is at a distance of 25 kilometer from the village of Parminder Kaur, mother of the deceased. Gurkewal Singh is the resident of village Rode but was residing in the village Ganji Gulab Singh situated at a distance of 25/30 kilometer. PW-7 Jit Singh, PW-9 Rajwant Singh and PW-13 Gurkewal Singh were present at the spot when police came, but no report to the police that Kulwant Singh was taken away by Ranjit Singh and acquitted accused on 26.6.2005 and later on, Kulwant Singh was seen last time in the company of accused. Jit Singh, Rajwant Singh and Gurkewal Singh have supported the prosecution story being related to the deceased but their statements were rightly ignored.
We have gone through the evidence on the file with the assistance of learned counsel for the parties.
Admittedly, Inderjit Kaur is the widow of Kulwant Singh deceased. Kulwant Singh was in the army. After retirement about three years back before the Crl. Miscellaneous No. 63-MA of 2008. 10 present occurrence, Kulwant Singh started running a school. Inderjit Kaur used to visit the Dera of Baba Mohan Dass Chishti. Ranjit Singh convicted and sentenced to undergo life imprisonment is the son of Baba Mohan Dass Chishti. As per story, Inderjit Kaur had developed illicit relation with Ranjit Singh. Ranjit Singh had also supplied mobile phone to Inderjit Kaur. Ranjit Slingh and Inderjit Kaur were convicted and sentenced as discussed earlier. Manjit Kaur alias Rani, Jagdip Singh, Neeraj and Buta Singh were acquitted by the trial Court and to connect the above said persons with the crime, only three witnesses are relevant.
PW-6 Parminder Kaur is the mother of the deceased and stated that Inderjit Kaur had developed illicit relation with Ranjit Singh. Ranjit Singh was directed not to visit their house. Information was given to Kulwant Singh that Inderjit Kaur was having illicit relation with Ranjit Singh. Kulwant Singh had reprimanded Inderjit Kaur and Ranjit Singh. So, one thing is clear that before the present occurrence Parminder Kaur and Kulwant Singh deceased had the knowledge that Inderjit Kaur is having illicit relation with Ranjit Singh. Parminder Kaur admitted in her Crl. Miscellaneous No. 63-MA of 2008. 11 cross examination that Rajwant Singh is the son of her brother Gurkewal Singh PW is her nephew, son of the brother of her husband. Jit Singh PW is the brother-in- law of Surjit Singh, brother of her husband.
PW-9 Rajwant Singh stated that his village is at a distance of 25 kilometer from the village of Parminder Kaur. On 26.6.2005 he had gone to the house of Parminder Kaur. They were sitting in the house of Kulwant Singh. Kulwant Singh and Inderjit Kaur were also present there, then accused came. Tea was served to them then Kulwant Singh was taken away by the accused. On the next day, he along with Beant Singh while going to Faridkot, on telephone came to know about the murder of Kulwant Singh. In case, Inderjit Kaur was having illicit relation with Ranjit Singh. Ranjit Singh was directed not to visit the house of Kulwant Singh. Inderjit Kaur was also reprimanded then question is why Kulwant Singh was allowed to accompany Ranjit Singh and others. Manjit Kaur and Buta Singh are residents of village Saner, whereas Jagdip Singh and Neeraj are the residents of Zira. Rajwant Singh is the resident of village Kanuke Kalan. Manjit Kaur and others were not earlier known to Crl. Miscellaneous No. 63-MA of 2008. 12 Rajwant Singh. Rajwant Singh admitted that father's name of Ranjit Kaur and others are not known to him. Rajwant Singh being resident of Kanuka Kalan situated at a distance of 25 kilometer from village Rode, cannot be expected to state that two persons from village Saner and two from Zira came to the house of Kulwant Singh and he (Kulwant Singh ) was last seen in their company. Rajwant Singh being related to the deceased was introduced to strengthen the prosecution story and if statement of Rajwant Singh is correct one , then why he did not inform the police on 27.6.2005 that on 26.6.2005 he had seen the deceased last in the company of Ranjit Singh, Manjit Kaur, Inderjit Kaur, Jagdip Singh, Neeraj and Buta Singh.
PW-13 Gurkewal Singh is the real nephew of Parminder Kaur and stated that on 26.6.2005 while returning to village Rode at 8.45 P.M., Kulwant Singh was seen in the company of Manjit Kaur and others but statement of Gurkewal Singh inspires no confidence because Gurkewal Singh stated that Manjit Kaur and others are known to him because they used to visit Dera of Nighahe Wala. Gurkewal Singh came to know about the murder at 6/7 A.M., he was present on the spot when Crl. Miscellaneous No. 63-MA of 2008. 13 police came, but no report to the police that on 26.6.2005 at 8.45 A.M., Kulwant Singh was seen last time in the company of Manjit Kaur and others. Inquest report was also prepared in the presence of Gurkewal Singh, Rajwant Singh, Jit Singh and Parminder Kaur, but no report to the police that Kulwant Singh was taken away by the accused from his house on 26.6.2005 in the evening. Gurkewal Singh being related to the deceased was introduced. One line by Gurkewal that accused are personally known to him because they used to visit Dera Nighahe Wala, is not sufficient to opine that Manjit Kaur and others from different villages were personally known to Gurkewal Singh and Kulwant Singh was last time seen with the acquitted accused.
PW-7 Jit Singh is resident of village Ganji Gulab Singh Wala and stated that on first of May last year, Ranjit Singh came and made an extra judicial confession by saying that Kulwant Singh was murdered as per conspiracy. At 1.30 P.M., Rani came and made an extra judicial confession but statement of Jit Singh was rightly ignored by the trial Court. He is related to the deceased. Jit Singh is the brother-in-law of Surjit Singh, uncle of Kulwant Singh deceased. Firstly, Ranjit Crl. Miscellaneous No. 63-MA of 2008. 14 Singh made extra judicial confession before Jit singh by confessing his guilt, then Ranjit Singh was requested to bring the co-accused so that all are produced before the police. Ranjit Singh is resident of Hari Nau situated at the distance of 40/45 kilometer from village Rode. At 1.30 P.M., Jagdip Singh who is resident of village Zira had gone to the house of Jit Singh PW-7 and made an extra judicial confession like Ranjit Singh. Same reply by Jit Singh that other accused be brought so that all are produced before the police. At 3 P.M. Rani resident of Saner had gone to the house of Jit Singh PW-7 and made an extra judicial confession in the same fashion but accused were not apprehended by Jit Singh. They were not produced before the police. No intimation to the complainant party or any other one. Jit Singh is related to the deceased and if any accused had made an extra judicial confession, then there was no idea to allow the accused to leave the house. Accused could easily be apprehended and produced before the police. At least, intimation should have been given to the complainant party that such and such person i.e. accused came and made an extra judicial confession confessing their guilt. Appearance of accused turn by Crl. Miscellaneous No. 63-MA of 2008. 15 turn before Jit Singh to make extra judicial confession particularly, when the accused are from different villages show that story is not genuine. Jit Singh was not holding a respectable post. He had no say in the police department. Jit Singh was not in a position to protect accused from police torture. Accused from different villages were not expected to repose faith in Jit Singh by making extra judicial confession to avoid torture by police. After the crime is committed, then the accused is not expected to make extra judicial confession before close relation of the deceased. Rani had made extra judicial confession before Jit Singh, then Jit Singh should have produced them before the police immediately. There was no idea to direct Jagdip Singh or Rani to bring other accused so that all are produced before the police.
Evidence of last seen and extra judicial confession was rightly rejected by the trial Court. Nothing to opine that evidence was misread or was not properly appreciated to connect Manjit Kaur, Jagdip Singh, Neeraj and Buta Singh with the crime and if two views are possible, then the view favourable to the accused is to be accepted as held in State of Punjab Vs. Crl. Miscellaneous No. 63-MA of 2008. 16 Hansa Singh, 2001(1) R.C.R.(Criminal) 775 in which case the appeal was against acquittal then the Hon'ble Court opined as under:-
"We are of the opinion that the matter should have been examined in the light of observation of Hon'ble Supreme Court in " Ashok Kumar Vs. State of Rajasthan, (1991) 1 Supreme Court Cases 166, wherein it was held that interference of High Court with trial Court's decision called for in case of perversity or misreading of evidence and merely because the Appellate Court was inclined to take a different view would not be reason calling for interference."
No other contention was put forward.
In the light of above discussion, leave to appeal is declined.
( JORA SINGH )
JUDGE
08.05.2009. ( J.S. KHEHAR )
Anoop JUDGE