Punjab-Haryana High Court
Dr. Sunil Cliffed Daniel vs State Of Punjab on 1 April, 2009
Author: Jora Singh
Bench: Jasbir Singh
Criminal Appeal.No.399-DB of 2000 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Appeal.No.399-DB of 2000
Decided on 01.04.2009.
Dr. Sunil Cliffed Daniel
Petitioner
VERSUS
State of Punjab
Respondent
CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH.
HON'BLE MR. JUSTICE JORA SINGH.
Present: Mr. Pankaj Bhardwaj, Advocate, for the appellant.
Mr. D.S. Brar, D.A.G., Punjab for the respondent.
JORA SINGH, J Through the instant appeal Dr. Sunil Cliffed Daniel has impugned the judgment/order dated 21.8.2000 rendered by the Sessions Judge, Ludhiana in Sessions Case No.28 of 27.7.1996, FIR No.16 of 10.3.1996 under Sections 364/201/302 IPC. Vide this judgment, he was convicted under Sections 302/201 of IPC and was sentenced to undergo RI for life and to pay fine of Rs. 2,000/-. In default of payment of fine to Criminal Appeal.No.399-DB of 2000 2 further undergo RI for a period of 3 months under Section 302 of IPC.
Under Section 201, he was directed to undergo RI for two years and to pay fine of Rs.1000/- and in default thereof to further undergo rigorous imprisonment for a period of two months. Both these sentences were ordered to run concurrently.
Prosecution story, in brief, is that Smt. Victoria Rani on 10.3.1996 lodged report on the allegation that her daugher Dr. Loyalla Shagoufta, aged about 25 years was serving as MBBS Doctor in C.M.C. Hospital, Ludhiana, was posted in the E.N.T. Department. About two and half years ago, she was married with Dr. Sunil Cliffed Daniel. Her daughter was issueless. Soon after the marriage, her daughter and her husband started quarrelling with each other. In February 1996, a divorce petition was filed and the same was pending in the court of Additional District & Sessions Judge, Ludhiana. On 6.3.1996, her daughter informed her on telephone that she is to reach Jagadhari by super fast train on 7.3.1996. But, she failed to visit Jagadhari. She kept on waiting her. Then on 10.3.1996, she enquired about her daughter from C.M.C. Hospital, Ludhiana, but no Criminal Appeal.No.399-DB of 2000 3 information was received about her daughter. She is fully confident that Dr. Sunil Cliffed Daniel has taken away her daughter to somewhere else with an intention to kill her because of the pendency of divorce petition.
Complainant was present near C.M.C. Chowk, Ludhiana where Police party headed by ASI Piara Singh had met her. Statement (Ex.PC) of Victoria Rani was recorded and the same was read over and explained to her Smt. Victoria Rani signed the same in token of its correctness. After making endorsement at 9.30 P.M., statement was sent to the Police Station, on the basis of which, formal FIR was recorded.
Police party headed by ASI Piara Singh had gone to C.M.C Hospital, Ludhiana, with the complainant. Paramjit Singh, Security Officer was joined and the party had gone to room No.2010 in C.M.C. Hostel occupied by Dr. Sunil Cliffed Daniel. Room was found locked from outside. After that the party had gone to the house of one Mr. Rana, who was relation of the accused. But accused was not present there. After that investigation of the case was taken over by Vir Rajinderpal Singh, S.H.O, Police Station, Division IV, Ludhiana. On 11.3.1996 at 9 A.M., A.S.I. Kashmira Criminal Appeal.No.399-DB of 2000 4 Singh of Police Post Lalton Kalan sent a wireless message regarding recovery of a dead body of a female. Police party along with the complainant had gone to village Lalton Kalan. Dead body was found lying in the fields by the road side. Dead body was identified by Smt. Victoria to be of her daughter Dr. Loyalla Shagoufta. One pass book of the bank was recovered from the pants worn by the deceased. Pass book was taken into Police possession vide memo attested by prosecution witnesses. Blood stained earth was lifted from the spot and the same was made into a sealed parcel sealed with the seal bearing impression 'BRP'. A sealed parcel was taken into Police possession. Inquest report was prepared. At that time a photographer was called, who had taken the photographs of the dead body from different angles. Rough site plan was prepared. Dead body was sent to Hospital for post mortem examination. Police party headed by S.I. Vir Rajinderpal came back to C.M.C. Hospital, Ludhiana, and had gone to room No.2010. A car bearing registration No. CH-01-5603 was taken into Police possession. One mat of the car was found to be stained with blood and the same was made into a sealed parcel. Sealed parcel was taken into Police possession Criminal Appeal.No.399-DB of 2000 5 vide memo attested by the prosecution witnesses. Dr. B. Pawar, Medical Superintendent of the Hospital produced a bag containing some blood stained clothes. Blood stained clothes were sealed with seal bearing impression 'BRP'. Sealed parcel with the bag was taken into Police possession vide separate memo. Joginder Singh produced the accused and was taken into custody. Head Constable Ashok Kumar from Forensic Science Laboratory was summoned. Investigating Officer along with Ashok Kumar had gone to room No.2010. Ashok Kumar had scratched the blood stains from the floor of the room. Scratched blood was made into sealed parcel sealed with the seal bearing impression 'BRP'. "V" shape chappal was also recovered from the room and the same was made into a sealed parcel. Sealed parcel was taken into Police possession vide memo attested by prosecution witnesses. Constable Gurjinder Singh, Photographer of Forensic Science Laboratory had also taken the photographs of room and other articles lying in the room. ASI Piara Singh had produced a copy of the post mortem report and clothes of the deceased and some bangles/ear rings. Clothes were made into sealed parcel. Sealed parcel was taken into Police possession vide Criminal Appeal.No.399-DB of 2000 6 separate memo.
On 13.3.1996 accused was interrogated. Accused suffered a disclosure statement that he has kept concealed a dumbell, one neck tie and empty gunny bag. In pursuance to the disclosure statement suffered by the accused, accused got recovered dumbell, neck tie and empty gunny bag from the specified place. Recovered articles were separately sealed with the seal bearing impression 'BRP'. Sealed parcels were taken into Police possession. After return to the Police Station the case property was deposited with MHC Jatan Singh. After the completion of investigation, accused was challaned. Vide order dated 1.7.1996 by JMIC, Ludhiana, case was committed to the Ld. Court of Session, Ludhiana. Accused was charged under Section 302/201 IPC to which he pleaded not guilty and claimed trial. In order to substantiate its case, prosecution examined Dr. B. Pawar, who stated that Dr. Loyalla Shagoufta was serving in the E.N.T. Department. Dr. Namarta Saran informed him that she had received a phone call from the mother of Dr. Loyalla Shagoufta because Dr. Loyalla Shagoufta did not reach her parental house. After checking of the record, Dr. Criminal Appeal.No.399-DB of 2000 7 Loyalla Shagoufta was found to be on leave from 9.3.1996 to 16.3.1996. She was not present in the Hostel. Security Incharge was directed to inform the Police about the absence of Dr. Loyalla Shagoufta. Dr. Sunil reported to him that when he came back to his room then he found blood stained clothes in his room. Clothes were collected in a bag and that bag was left in his office. Blood stained clothes and the bag were taken into possession by the Police. Dr. Sunil occupied room No.2010 on the second floor.
PW-2 Victoria Rani, complainant had supported the prosecution story.
PW-3, Constable Sukhchain Singh tendered his affidavit 'Ex. PF'.
PW-4, Head Constable Chetan Singh tendered his affidavit 'Ex. PG'.
PW-5, C. Resham Singh tendered his affidavit 'Ex. PH'.
PW-6, Constable Sain Dass tendered his affidavit 'Ex. PJ'.
PW-7, Sarabjit Singh, Security Guard stated that on 9.3.1996 he was on duty in C.M.C. Hospital, Ludhiana At 9.55 A.M. he received a telephone call from the Criminal Appeal.No.399-DB of 2000 8 operation theatre. Dr. Yogesh had telephoned him to summon Dr. Sunil. He had gone to room No.2010 of Dr. Sunil. Dr. Sunil was in the room and was requested to reach the operation theatre.
PW-8 Kirpal Dev stated that he owned car No.PB J 2385. On 8.3.1996, Joshi Canteen Contractor came and requested that Dr. Sunil intends to hire his taxi to visit Jagadhari. He had gone to hostel of Junior Doctors C.M.C. Hospital, Ludhiana.. Dr. Sunil had met him and told that his wife has gone to collect salary from Lolton Kalan. He was requested to again come at 10 A.M. Again he had gone to hostel of C.M.C. Hospital, Ludhiana. Doctor had asked to come again at 11 A.M. or 11.30 A.M. He replied that he is not willing to visit Jagadhari. Dr. Sunil was advised to hire some other taxi.
PW-9 Anil Kumar, Cook in Junior Doctor's hostel stated that Joshi was mess and Canteen contractor, but did not support the prosecution story and was declared hostile.
PW-10, Constable Gurjinder Singh is the Photographer, who had taken photographs of room No.2010 on 12.3.1996.
Criminal Appeal.No.399-DB of 2000 9
PW-11, Dr. U.S. Sooch stated that he was a Member of the Board of Doctors and on 11.3.1996 at 5 p.m., Medical Board had conducted post mortem examination on the dead body of Dr. Loyalla Shagoufta and found following injuries on her person:-
1. Well defined ligature mark 9"x3.4" placed horizontally on the front of neck and both lateral sides of the neck, in the middle of neck and on the right side of the neck reaching below the lobule of the right ear.
On exploration of the ligature the
subcutaneous tissue was ecchymosed
with laceration of underneath muscles and the hyoid bone was fractured. The larynx and trechea were congested.
2. An abrasion 1/2"x1/2" on the tip of the chin.
3. Abrasion 3/4"x1/2" and 1" below the angle, of left mandible.
4. Lacerated wound 2,1/2"x1" x bone deep obliquly placed on the right fronto parietal region and 1" inside the hair line near the mid line.Criminal Appeal.No.399-DB of 2000 10
5. Lacerated wound with badly crushed margins 2,1/2"x1/2" bone deep on the right occipital region.
6. Defused swelling 3"x2" on the right occipital region across the mid line.
Cause of death as per Medical Board was due to asphyxia as a result of strangulation and head injury. The injuries No.1 and 5 were found sufficient to cause death in the ordinary course of nature individually as well as collectively. All the injuries were ante mortem in nature. The probable time that elapsed between the injuries and death was immediate and between death and post mortem was 36 to 48 hours.
PW-12, Joginder Singh did not support the prosecution story and was declared hostile.
PW-13, ASI Piara Singh initially investigated the case in hand and later on was with the party of Vir Rajinderpal, who had completed the investigation.
PW-14, Vir Rajinder Pal is the second Investigation Officer.
PW-15, Constable Sukhbir Singh tendered his affidavit as PW-15/A. After closing of the prosecution evidence, Criminal Appeal.No.399-DB of 2000 11 statement of the accused was recorded under Section 313 of Cr.P.C. Accused denied all the allegation of the prosecution and pleaded to be innocent. Defence version of the accused was that some blood stained clothes were left in the balcony of his room when he was not present in the room. He had produced those clothes before the Medical Superintendent before registration of this case and those clothes did not belong to him. He was living separately from Dr. Loyalla Shagoufta since June, 1994.
Head Constable Palwinder Singh appeared in defence as CW-1 and stated that he was with the party of S.I. Vir Rajinder Pal. Dr. Pauly produced a car bearing Registration No. CH-01-5653, which was taken into Police possession. Blood stained mat was also recovered from the dicky of the car. Mat was sealed with the seal bearing impression 'BRP'.
CW2 , Dr. Pauly stated that on 9.3.1996, Dr. Sunil contacted him at 6 P.M. and told him that his wife Dr. Loyalla Shagoufta is missing. Dr. Sunil had requested him to supply his car. On request of Dr. Sunil, he supplied his car bearing Registration No. CH-01- 5653. After one and half hours, key of the car was returned to him by saying that car was parked outside Criminal Appeal.No.399-DB of 2000 12 the hostel. On 11.3.1999, the Police came and blood stained rubber mats were recovered from the dicky of the car and the same were made into sealed parcel. Parcel was taken into Police possession.
We have heard the learned defence counsel for the appellant-accused and State counsel and have gone through the evidence on the file with their assistance.
Learned counsel for the appellant-accused argued that it is a blind murder case, based on circumstantial evidence. Chain of the circumstantial evidence is not complete. Appellant- accused was not having cordial relations with his wife. Divorce petition under Section 13B of the Hindu Marriage Act was instituted in the month of February, 1996. When both the parties had mutually agreed for divorce then there was no motive or intention to eliminate Dr. Loyalla Shagoufta. As per story, appellant-accused had made extra judicial confession before Joginder Singh. But, Joginder Singh did not support the prosecution story. Blood stained clothes were found lying in the balcony. At that time appellant-accused was not in his room. Before registration of the present case, these blood stained clothes were produced by the appellant-accused Criminal Appeal.No.399-DB of 2000 13 before Medical Superintendent. Appellant-accused was not expected to collect evidence against him before registration of this case. Recovery of the blood stained chappal was shown simply to implicate the appellant- accused. Ex.PZ is the site plan dated 11.3.1996, showing the place from where chappal was lifted, Ex. PEE is the recovery memo dated 12.3.1996 regarding recovery of rubber chappal. Ex.PDD is the memo showing recovery of blood stained earth from room No.2010 but Anil Kumar (PW-9), did not support the prosecution story,when divorce petition under Section 13 B of the Hindu Marriage Act was pending, then there was no motive to commit the crime. In fact, brother of the complainant, who is retired DIG Police, in connivance with the Police, concocted false story. Recovery of dead body from the field situated in the area of Village Lalton Kalan adjoining the road falsify the prosecution story because if murder was committed on 9.3.1996 then it was very surprising that nobody noticed the dead body lying by the side of the road.
Mr. D.S. Brar, learned Deputy Advocate General , Punjab, argued that deceased was the legally wedded wife of the appellant-accused and was residing Criminal Appeal.No.399-DB of 2000 14 separately. If deceased was residing separately, then there was no idea to hire taxi for the deceased to visit Jagadhari. If somebody had kept blood stained clothes in the balcony, then appellant-accused had no idea to produce the same before Dr. B. Pawar. Dr. B. Pawar in Court stated that Dr. Sunil had gone to his room, then he found blood stained clothes. If room of the appellant- accused was lying locked then how blood stained clothes were found in the room produced by Dr. Sunil before Dr. B. Pawar. Dr. Pauly was owning car and that car was borrowed by the appellant-accused on 9.3.1996. Rubber mat from the dicky of the car was recovered. Mat was found stained with blood. If appellant-accused was not having codial relations with his wife, then, there was no idea to hire taxi from PW-8 Kirpal Dev to visit Jagadhari and borrow the car of Dr. Pauly on 9.3.1996 with a request that Dr. Loyalla Shagoufta is missing. Recovery of blood stained earth, chappals and blood stained clothes from the room of appellant-accused produced before the Medical Superintendent and borrowing car of Dr. Pauly to trace Dr. Loyalla Shagoufta, shows that appellant-accused had the motive to murder. After Criminal Appeal.No.399-DB of 2000 15 murder, dead body was thrown in the area of Village Lalton Kalan.
First submission of learned defence counsel for the appellant was that it is a case of blind murder. There is no direct evidence. Chain of circumstantial evidence is not complete. As per story, deceased was missing with effect from 9.3.1996, whereas the report was lodged on 10.3.1996. Appellant-accused was residing separately. Divorce petition under Section 13-B of the Hindu Marriage Act, was pending in the Court. So, there was no motive to commit the crime.
We have gone through the evidence brought on the file, but are not in a position to agree with the submission of learned defence counsel. Admittedly, the deceased was the legally wedded wife of the appellant- accused. Appellant-accused was not having cordial relation with the deceased. Marriage was solemnized 2- 1/2 years earlier to the present occurrence. There was no issue from this wed lock. Appellant-accused was residing separately from the deceased in room No. 2010. According to the complainant, deceased was to visit Jagadhri on 7th March, 1996, but did not reach Jagadhri, then complainant enquired from C.M.C. about the Criminal Appeal.No.399-DB of 2000 16 deceased. Dr. B. Pawar PW1 stated that Dr. Namarata Saran reported that she received a telephone call from the mother of the deceased. After inquiry, deceased was found to be on leave from 9.3.1996 to 16.3.1996. Dr. B Pawar further stated that Dr. Sunil came to his room and reported that when he (Dr. Sunil C. Denial) had gone to his room, then he found blood stained clothes in his room. Appellant-accused when examined under Section 313 Cr.P.C., then stated that blood stained clothes were found in the Balcony of his room when he was not present in the room, then he had produced those clothes from the Medical Superintendent. As per Investigating Officer, Bir Rajidner Pal (PW14), Dr. B. Pawar Medical Superintendent had produced a bag containing blood stained clothes on 11.3.1996. As per statement under Section 313 Cr.P.C., blood stained clothes were found lying in the Balcony. At that time, the appellant- accused was not in his room. Meaning thereby, the blood stained clothes were not in the room of the appellant- accused, but Dr. B.Pawar stated that appellant-accused had reported to him that when he had gone to his room, then found the blood stained clothes in his room. If the room of the appellant-accused was close, then question Criminal Appeal.No.399-DB of 2000 17 is how the blood stained clothes were found in the room. If somebody else had left blood stained clothes in the Balcony, then the appellant-accused had no idea to keep the bag contained blood stained clothes in the office of Dr. B. Pawar.
PW-7 Sarabjit Singh stated that Dr. Yogesh on telephone requested him to send Dr. Sunil to the Operation Theatre . Sarabjit Singh security guard C.M.C., Ludhiana had gone to room No.2010 of Dr. Sunil. Dr. Sunil replied that he will reach the Operation Theatre. Kirpal Dev Singh PW-8 was owning Car No. PBJ-2385 on 8.3.1996. Joshi Canteen Contractor had contacted Kirpal Dev Singh that Dr. Sunil wanted to hire a taxi to visit Jagadhri. On 9.3.1996, Kirpal Dev Singh had gone to hostel of Junior Doctors with taxi. Doctor was contacted who replied that his wife has gone to Lalton Kalan to collect salary. Kirpal Dev Singh was directed to visit again on 10 A.M. Kirpal Dev Singh had again gone to hostel, but doctor directed to come again at 11.00 or 11.30 A.M. After that, Kirpal Dev Singh had shown his inability to visit Jagadhri. Doctor was requested to hire some other taxi. On 8.3.1996, Joshi Canteen Contractor came to Kirpal Dev Singh and Criminal Appeal.No.399-DB of 2000 18 stated that the appellant-accused intends to hire a taxi to visit Jagadhri.
As discussed earlier, divorce petition was pending. Appellant-accused and the deceased were residing separately, then why the appellant-accused made an effort to hire a taxi to visit Jagadhri. When appellant-accused was not having cordial relations with his wife, then there was not an idea to request Joshi Contractor to arrange a taxi. Kirpal Dev Singh had no enmity with the appellant-accused. So, there was no idea to tell a lie that on 8.3.1996, through Joshi Contractor, Doctor had shown his willingness to hire taxi.
When Kirpal Dev Singh had shown his inability to accompany the doctor with his vehicle to visit Jagadhri, then the appellant-accused had contracted Dr. Pauly. Dr. Pauly appeared as DW-2 and stated that on 9.3.1996, Dr. Sunil Daniel had requested him to supply his car No. CH-01-5653. At 6 P.M., Dr. Sunil Daniel had obtained his car to find out his missing wife. Above said car was handed over to Dr. Sunil. After 1-1/2 hours, key of the car was returned to Dr. Pauly. Car was parked outside the Junior Doctors' Hostel. As per Dr. Pauly, appellant-accused had contacted him to supply car to Criminal Appeal.No.399-DB of 2000 19 locate Dr. (Mrs.) Loyalla Shagoufta . When appellant- accused was not having cordial relation with his wife, then the question is how the appellant-accused came to know that his wife is missing. As per the complainant, deceased was to visit Jagadhri on 7.3.1996, but failed to visit Jagadhari. When the appellant-accused was not having cordial relation with his wife, then there was no idea to arrange a car to trace out Dr. Shagoufta.
When Dr. Shagoufta was found missing from C.M.C. Ludhiana, then her mother namely Smt. Victoria Rani (PW-2) came to Ludhiana. Report was lodged on 10.3.1996 at about 9.30 P.M. Suggestion was given to Assistant Sub Inspector Piara Singh that after recovery of dead body, First Information Report was registered, but this fact is not correct one. On 10.3.1996, complainant suspected that her daughter was taken away by the appellant-accused with a motive to eliminate her on account of the pendency of divorce petition. Certified copy of the divorce petition was not produced in defence to show that petition was under Section 13-B of the Hindu Marriage Act. No doubt, complainant in her statement stated that divorce petition was pending, but the question is whether the petition was under Section Criminal Appeal.No.399-DB of 2000 20 13-B of the Hindu Marriage Act or the petition was for divorce by the deceased or the appellant-accused. Failure to produce certified copy of the divorce petition in defence shows that divorce petition was not under Section 13-B of the Hindu Marriage Act. In that case, motive was to murder.
On 9.3.1996, appellant-accused arranged car of Dr. Pauly. Key of the car was returned after 1-1/2 hours by parking car near the Junior Doctor's Hostel. On 11.3.1996, car of Dr. Pauly was taken into police possession Rubber mats lying in the dicky of the car were found to be stained with blood. According to the report of Serologist Ex.PHH, blood stained clothes were handed over by the appellant-accused to Dr. B.Pawar, which were taken into police possession on 11.3.1996 were found to be stained with human blood. On 11.3.1996, Joginder Singh had produced the appellant- accused before Rajinder Pal, Investigating Officer after that, party had gone to the room of the appellant- accused. Bath room chappal was recovered from the room. Ex.PJJ report of Forensic Science Laboratory, Chandigarh is to the effect impression of a left footwear could be of the left fellow of footwear (Hawai Chappal) Criminal Appeal.No.399-DB of 2000 21 recovered from the room of the appellant-accused.
On 13.3.1996, the appellant-accused was interrogated and as per disclosure statement , dumbell, tie and a gunny bag recovered were also found to be stained with human blood. On 11.3.1996, Assistant Sub Inspector Kashmir Singh , P.P. Lalton Kalan informed that dead body was lying by the side of road, in the area of Lalton Kalan. Investigating Officer with the complainant had gone to the spot, where the dead body was lying. Pass book issued by the bank Ex.P-7 was recovered from the person of the deceased. Appellant- accused when tried to arrange the vehicle of Kirpal Dev Singh, then requested Kirpal Dev Singh to visit again because his wife had gone to Lalton Kalan to collect salary. When appellant-accused was residing separately from the deceased, divorce petition was pending, then how the appellant-accused came to know that the deceased had gone to Lalton Kalan to collect salary. Recovery of pass book Ex.P-7 from the person of the deceased shows that the appellant-accused had knowledge about the dead body lying in the area of village Lalton Kalan that is why Kirpal Dev Singh was requested to again visit at 11 A.M. because deceased Criminal Appeal.No.399-DB of 2000 22 has not come from Lalton Kalan side by collecting salary.
According to the Investigating Officer Joginder Singh had produced the appellant-accused before the police. Joginder Singh appeared as PW-12, but failed to support the prosecution story. Opportunity was given to the appellant-accused to cross examine the witness, but no question was put to the witness that he had not produced the appellant-accused before the police. S.A.Khan, retired DIG, is the brother of the complainant. Allegation of the appellant-accused is that Randhir Singh is from the village of the appellant- accused. In case, the present case was registered against the appellant-accused at the instance of S.A.Khan, retired DIG, brother of the complainant, then the question is why Joginder Singh PW-12 did not support the prosecution story. If retired DIG was pursuing the case, then all the PWs out of fear of the retired DIG, were supposed to support the prosecution story. Complainant Victoria Rani is from Jagadhri. After the death of deceased, no one from the side of the complainant party was at Ludhiana. On the other hand, appellant-accused was serving as Doctor in the Criminal Appeal.No.399-DB of 2000 23 C.M.C.Ludhiana. So, appellant-accused had influence to win over the PWs, that is why, Sarabjit Singh, Head Security Guard, CMC, Ludhiana, Anil Kumar, cook in the mess of Junior Doctor's Hostel and Joginder Singh from Ludhiana did not support the prosecution story.
Defence counsel for the appellant-accused further argued that Ex.PZ is the site plan dated 11.3.1996 and in Ex.PZ point A and B were shown from where blood and chappals were lifted. Ex.PDD is the recovery memo dated 12.3.1996 qua lifting of blood stained earth and Ex.PEE is the memo regarding recovery of rubber chappal stained with blood.
Learned defence counsel for the appellant- accused argued that on 10.3.1996, the police had the knowledge that crime was committed by the appellant- accused. On 10.3.1996, no effort to inspect the room of the appellant-accused. Recovery memos regarding chappal and blood stained earth were prepared simply to connect the accused with the crime. If dead body was thrown by the side of road in the area of village Lalton Kalan on 9.3.1996, then very strange that no one noticed the dead body till 11.3.1996. Submission of learned defence counsel is without any force. After enquiry by Criminal Appeal.No.399-DB of 2000 24 the complainant from C.M.C., Ludhiana, deceased was not available in the hospital. As per record, deceased was on leave from 9.3.1996 to 16.3.1996. First Information Report was recorded on 10.3.1996 at about 9.30 P.M. Assistant Sub Inspector Piara Singh after recording the First Information Report, had gone to CMC, Ludhiana. After joining security officer Paramjit Singh police party had gone to room No. 2010, but room was found locked. After that, party had gone to the room of the deceased, but room of the deceased was also found locked. House of one Rana relation of the appellant- accused was raided but the appellant-accused was not available there. At 11.50 P.M. on 10.3.1996, investigation of the case was with Bir Rajinder Pal (PW-
14). At 9 A.M. on 11.3.1996, Assistant Sub Inspector Kashmir Singh of PP Lalton Kalan sent wireless message that one body of a female is lying in the area of Lalton Kalan. After the recovery of dead body and completion of remaining formalities, police party had gone to the room of the appellant-accused. In the presence of Medical Superintendent, room was checked. Then car of Dr. Pauly was taken into police possession. Dr. B.Pawar had produced the bag containing blood Criminal Appeal.No.399-DB of 2000 25 stained clothes. If the bag was not kept by the appellant- accused in the Balcony of the hostel, then there was no idea with the appellant-accused to keep the bag with Dr. B.Pawar. On 12.3.1996 the room was got investigated from Ashok Kumar of Forensic Science Laboratory, Chandigarh. Blood stains from the floor of the room and one Hawai Chappal were lifted. Ex.PDD is dated 12.3.1996 regarding recovery of blood stains from the floor of the room Ex.PEE dated 12.3.1996 regarding blood stained rubber chappal. Ex. PA is the memo regarding production of bag containing blood stained clothes by Dr. Pawar, note on the memo is in the hand of Dr. B. Pawar. Note show that bag containing blood stained clothes was handed over to him in his office by the appellant-accused and the same bag was produced before the Investigating Officer and as per report of the laboratory, clothes were found to be stained with blood. Appellant-accused had no enmity with Dr. B.Pawar PW- 1, Dr. Pauli appeared as DW2 and Kirpal Dev Singh, PW-8. Above said doctors had no idea to concoct the story that on 9.3.1996, the bag containing blood stained clothes was kept in the office of Medical Superintendent and on the same day, appellant-accused had arranged the Criminal Appeal.No.399-DB of 2000 26 car of Dr. Pauli to trace missing wife and returned car with blood stained rubber mat in the dicky of the car. Recovery of pass book Ex.P7 from the person of the deceased and effort to hire a car of Kirpal Dev Singh to visit Jagadhri, request to Kirpal Dev Singh to again come at 10 A.M. or 11 A.M, because his wife has not come from the side of Lalton Kalan by collecting salary shows that story is genuine one. Failure to produce certified copy of the divorce petition show that the petition was not under Section 13-B of the Hindu Marriage Act. In case, petition was under Section 13-B of the Hindu Marriage Act, then it was very easy for the appellant-accused to produce the copy to show that there was no motive to murder because after institution of petition under Section 13-B of the Hindu Marriage Act, petition was bound to be accepted after six months. Non production of copy of divorce petition shows that the appellant-accused had the motive to eliminate the deceased. Admission of the appellant-accused before Dr. Pawar that blood stained clothes were found lying in his room and later on change of stand when examined under Section 313 Cr.P.C. that the blood stained clothes were lying in the Balcony of the Junior Doctor's Hospital show Criminal Appeal.No.399-DB of 2000 27 that the prosecution story inspires confidence. Firstly, Dr. Shagouflta was murdered. Blood stained clothes were recovered from the room and by arranging car of Dr. Pauli. dead body was thrown in the area of village Lalton Kalan. Dead body lying near the road is suggesting that the appellant-accused was in hurry to dispose of the dead body, that is why, after 1-1/2 hours key of the car was returned to Dr. Pauli. Tie, dumbel and gunny bag were recovered as per disclosure statement and the recovered articles were found to be stained with blood. On 9.3.1996, Dr. Yogesh through Sarabjit Singh Security Guard summoned the appellant-accused to Operation Theatre, but nothing on the file that the appellant-accused had attended the Operation Theatre to assist Dr. Yogesh. PW-7 Sarabjit Singh had gone to the room of the appellant-accused with the request that services of the appellant-accused are needed in the Operation Theatre. Sarabjit Singh is not related to the deceased. So, there was no idea to disbelieve him.
As per post mortem examination, death was due to strangulation as well as by causing various injuries. Neck tie recovered as per disclosure statement Criminal Appeal.No.399-DB of 2000 28 suffered by the appellant-accused was found to be stained with blood.
In view of the above discussed circumstantial evidence, we are of the considered opinion that Dr. Mrs. Loyalla Shagouflta was murdered in a room occupied by the appellant-accused then dead body was thrown in the area of Lalton Kalan by arranging car of Dr. Pauli. Recovery of blood stained clothes of the accused supports the prosecution story that except the appellant-accused, the deceased had no enmity with any one. So, the circumstantial evidence was rightly appreciated by the trial Court.
No other submission was put forward.
After scrutinizing the evidence with great care and caution, appeal being without any merit is, hereby, dismissed.
(JORA SINGH)
JUDGE
April 1, 2009 (JASBIR SINGH)
Monika/Anoop JUDGE