Punjab-Haryana High Court
Chiman Singh S/O Labh Singh, Kunto Bai ... vs The State Of Punjab on 10 February, 2003
Author: K.C. Gupta
Bench: K.C. Gupta
JUDGMENT K.C. Gupta, J.
1. This appeal has been directed by Chiman Singh, Kunto Bai wife of Sher Singh and Smt. Banso Bibi wife of Bhalwan Singh against the judgment and order dated 14.9.1990 passed by the Additional Session Judge, Ferozepur, whereby they were found guilty and convicted as under:-
Chiman Singh u/ss 342/34 I PC to undergo R.I. for six months.
304 Part II To undergo R.I. for ten years and to pay a fine of Rs. 500/- or in default of payment of fine to further undergo R.I. for two months.
323/34 I PC Four months R.I. 342/34 IPC Six months R.I. Kanto 304 Part II read with Section 34 IPC.
To undergo five years R.I. and to pay a fine of Rs. 200/- or in default of payment of fine, to further undergo R.I. for one month.
323 IPC Six months R.I. 342/34 IPC Six months R.I. Banto 304 Part II read with Sect ion 34 IPC.
To undergo five years R.I. and to pay a fine of Rs. 200/- or in default of payment of fine, to further undergo R.I. for one month.
323 IPC Six months R.I.
2. However, all the substantive sentences were ordered to run concurrently.
3. Briefly stated, the facts are that on the night intervening 11/12.8.1989, Smt. Kunto Bai and Banso Bibi caught hold of Smt. Swarn Kaur (now deceased) and her husband Chiman Singh inflicted injuries to her with a Ghotna at his house at Village Jalalabad. PW-6 Jagdish @ Disa son of Smt. Swarn Kaur raised hue and cry "NA MARO NA MARO". Jagat Singh came there and caught hold of Jagdish @ Disa from his arm and took out of the house and threatened that in case he raised alarm, he would be given the same treatment as was given to Swarn Kaur. Thereafter, Swarn Kaur was detained in the said house by (sic) Disa was also not allowed to move independently in that house and also to go out of the house, so, that he might not disclose that incident to any person. Ultimately, the condition of Swarn Kaur worsened and deteriorated. Chiman Singh alongwith Jagdish @ Disa, PW-6, took Swaran Kaur to Muktsar from Village Jalalabad in a Car and left her at the house of her brother, Karnail Singh.
4. Seeing the serious condition of Swarn Kaur, her brother Karnail Singh proceeded to the Civil Hospital, Muktsar, alongwith her for getting her treated. However, she succumbed to her injuries in the way and on reaching the hospital, the doctor declared her dead.
5. Dr. Surjit Singh sent Ruqa Ex.PL to S.H.O., Police Station City, Muktsar, for information regarding the death of Swarn Kaur. Thereafter, Harpal Singh, ASI, posted at Police Station Jalalabad, visited the hospital, after receiving information from Police Station City Muktsar. He investigated the case. The appellants were arrested.
6. After completion of the investigation, the challan was put up in the Court of Judicial Magistrate Ist Class, Ferozepur, who vide his order dated 16.10.1989 committed the case to the Court of Sessions.
7. Having made out a prima-facie case, the charge was framed which was subsequently amended and the amended charge was framed under Section 342/34 IPC against all the appellants, under Section 302 IPC against Chiman Singh, under Section 302/34 IPC against Smt. Kanto Bai, Banso Bibi and Jagat Singh, under Section 323 IPC against Smt. Kanto Bai and Banso Bibi and under Section 323/34 IPC against Chiman Singh, to which they pleaded not guilty and claimed trial.
8. In order to prove the allegations, the prosecution examined 8 witnesses.
9. After the closure of the prosecution evidence, the statements of the appellants and their co-accused Jagat Singh were recorded under Section 313 Cr.P.C. wherein they denied the allegations of the prosecution and pleaded false implication at the instance of brother in law of Chiman Singh. In defence, they examined DW-1 Bharat Raj Sharma, DW-2 Surinder Pal, DW-3 Gurbachan Singh and DW-4 Raj Kaur.
10. After hearing learned PP for the State and the defence counsel, Jagat Singh @ Jagta was found not guilty and as such, was acquitted while the appellants were found guilty and convicted and sentenced by the learned Additional Sessions Judge, Ferozepur, as stated above.
11. Aggrieved by the said judgment and order, the abovesaid three accused have filed the present appeal.
12. I have heard Shri Bipan Ghai, counsel for the appellants, Ms. R.K. Nihalsinghwala, DAG, Punjab, for the respondent and carefully gone through the record.
13. PW-1 Dr. V.K. Ganeja, Medical Officer, Civil Hospital, Muktsar, conducted post mortem examination on the dead body of Swarn Kaur wife of Chiman Singh on 19.8.1989 at 9 A.M. and found the following injuries on her person:-
"1. A confusion 3 cm x 2 cm on the right side of chin.
2. Lacerated wound 2 cm x 1 cm and 1 c, x 1/2 cm on the inner side of lower lip on its right side.
3. Lacerated wound 10 cm x 8 cm on the Medical side of left thigh just above the knee. Wound was septic, edges were grossly swollen.
4. Septic abrasion 12 cm of x 9 cm on the back of left leg just below the knee.
5. Lacerated wound 12 cm of x 6 cm on the front of left knee. Edges wee grossly swollen. Frank pus was coming out of the wound.
6. Septic abrasion 17 cm x 5 cm on the posterior lateral side of left knee.
7. Lacerated wound 12 cm x 5 cms on the lateral side of left knee. Pus mixed with blood present in the wound. Edges were grossly swollen.
8. Contusion 12 cm x 4 c on the back of left leg. 10 cm below the knee.
9. Contusion 10 cms x 5 cm on the back of left leg. 16 cm below the left knee."
14. He next stated that on dissection, injury No. 5 underlying Patella bone was broken into pieces. He further stated that the death in his opinion was due to kidney failure as a result of speticaeemia subsequent to multiple injuries and all the injuries were ante-mortem in nature. He proved Ex.PA, the carbon copy of the post mortem report. In cross-examination, he stated that since Patella bone of Swarn Kaur was broken, so, she must have suffered a lot of pain. He further stated that the probable time between the injuries and the death was within about 10 days.
15. PW-6 Jagdish @ Disa, aged about 10 years, stated that Chiman Singh, appellant, was his father while Smt. Kanto Bai and Smt. Banso Bibi were the sisters of his father and further jagta Singh Fauji was his grant father. He further stated that about 7 months prior to the recording of his statement on 13.3.1990, Banso Bibi and Smt. Kanto Bai gagged the mouth of his mother and gave her beating. He also stated that his father took a GHOTNA and gave a blow which hit his mother on her left leg and other parts of the body. He next stated that he had raised hue and cry but Jagat Singh caught hold and took him out of the room and further threatened that if he raised hue and cry, he would also be given the same treatment as his mother had been given. He next stated that he and his mother were not allowed to move out of the room and no treatment was provided to his mother. He next stated that when the condition of his mother became serious after 7-8 days of the occurrence, then she was taken in a car to his maternal uncle Karnail Singh and left there. He further stated that the appellants had been compelling his mother to bring share of the property from her brother Karnail Singh, to which his mother did not agree and for this reason, she was given injuries. He has been subjected to lengthy cross-examination but nothing has come out of it which could discredit his statement.
16. PW-4 Karnail Singh stated that Swarn Kaur was his sister and she was married with Chiman Singh, appellant, about 13-14 years prior to the occurrence. He next stated that about 5 3/4 months ago, Chiman Singh and Disa alongwith Swarn Kaur visited his house in a car at about 2 or 2.30 P.M. and told that Swarn Kaur had received injuries and she was to be got treated. He further stated that they helped Swarn Kaur in getting down from the car and thereafter, Chiman Singh left that place in the same car while Disa remained there. He further stated that Swarn Kaur told him that about 7-8 days ago, she was given injuries by Chiman Singh with a GHOTNA while Smt. Kanto Bai and Banso Bibi caught hold her. He further stated that Disa had raised hue and cry "NA MARO NA MARO"
but Jagat Singh came there and caught hold Disa from his arm and took him outside and told that he would also be given the same treatment as meted out to his mother if he raised alarm. He further stated that Swarn Kaur told him that she had not been given any treatment and after that he gave milk to her and after arranging conveyance, proceeded to take her to Civil Hospital, Muktsar but Swarn Kaur succumbed to her injuries in the way. He also stated that the appellants had given injuries as she had refused to take the share of the house which was sold by her father. Thus, the statement of PW-6 Jagdish @ Disa has been corroborated by PW-4 Karnail Singh and further supported by medical evidence of PW-1 Dr. V.K. Ganeja, Medical Officer, Civil Hospital, Muktsar.
17. Counsel for the appellants contended that Smt. Kanto Bai and Banso Bibi were not liable under Section 304 Part II IPC as they had not caused any injury to Smt. Swarn Kaur and they were empty handed. He further contended that it was alleged that they had caught hold of Swarn Kaur while her husband chiman Singh had given injuries to her with a GHOTNA. In such circumstances, he contended that no knowledge or intention can be attributed to Kanto Bai and Banso Bibi that the injuries inflicted by Chiman Singh would cause her death. He also contended that there is no allegation that Smt. Kanto Bai and Banso Bibi had not allowed Swarn Kaur to move out of the house but the allegation is that it was Chiman Singh who did not allow her to leave the house alongwith her son, PW-6 Jagdish @ Disa. Moreover, Smt. Kanto Bai and Banso Bibi had no reason to cause injuries to Swarn Kaur as by the beating they would not be able to get any share out of the property of the father of Swarn Kaur. He further contended that Smt. Kanto Bai and Banso Bibi are married and were living at their respective houses and they had no occasion to be present at the house of their brother at the time of alleged occurrence. Keeping in view these facts, I do not think that they had participated in the crime. Consequently, they are given benefit of doubt and are acquitted of the charges levelled against them.
18. However, it is conclusively proved from the above evidence that Chiman Singh had caused injuries to his wife Swarn Kaur with GHOTNA with the intention that death may occur due to the multiple injuries suffered by her. She developed speticaemia, which resulted in the failure of kidney and consequently, she died. PW-1 Dr. V.K. Ganeja, Medical Officer, had categorically stated that the death was due to kidney failure as a result of speticaemia subsequent to multiple injuries. If the appellant Chiman Singh had not given injuries, then there was no question of developing speticaemia, which resulted in the failure of her kidney. Moreover, Injury No. 5 was found to be grievous as her Patella bone was broken into pieces. Thus, the appellant, Chiman Singh, has rightly been convicted.
19. Counsel for the appellants also contended that the sentence awarded to Chiman Singh under Section 304 Part II was excessive as the occurrence had taken place in the year 1989 and since then he is suffering the agony of the trial. Keeping in view these facts, the sentence under Section 304 Part II is reduced to 6 years R.I. with a fine of Rs. 500/-. In default of payment of fine, he would further suffer R.I. for two months. However, the sentences under the remaining counts is maintained.
20. With modification in the sentence of Chiman Singh, appellant, appeal qua him is dismissed but the appeal of Kanto Bai and Banso Bibi, appellants, is allowed and they are acquitted of the charges levelled against them by giving benefit of doubt.