Punjab-Haryana High Court
Tehal Singh And Ors vs State Of Punjab on 29 October, 2014
Crl. Appeal No.S-80-SB of 2004 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl.Appeal No.S-80-SB of 2004
Date of decision: 29th October, 2014
Tehal Singh and another
......Appellant(s)
Versus
State of Punjab
......Respondent(s)
CORAM:- HON'BLE MR.JUSTICE DARSHAN SINGH
1. Whether reporters of local newspapers may be allowed to see
judgment?
2. To be referred to reporters or not?
3. Whether the judgment should be reported in the Digest?
* * *
Present: Mr. S.C. Chhabbra, Advocate for the appellant.
Mr. Jashanpreet Singh, AAG, Punjab.
Darshan Singh, J.
The present appeal has been preferred by the appellants Tehal Singh and Latkan Singh mentioned above against the judgement of conviction dated 18.12.2003, whereby they were held guilty and convicted for the offence punishable under section 304 Part-II read with section 34 of the Indian Penal Code and order of sentence dated 18.12.2003 vide which appellant-Tehal Singh was sentenced to undergo rigourous imprisonment for a period of seven years and to pay a fine of ` 1000/- in default of payment of fine to further undergo rigourous imprisonment for a period of three months and appellant-Latkan Singh was sentenced to undergo rigourous SANJAY KHAN 2014.10.30 11:52 imprisonment for a period of five years and to pay a fine of ` 1000/-, in I attest to the accuracy and authenticity of this document Crl. Appeal No.S-80-SB of 2004 2 default of payment of fine to further undergo rigourous imprisonment for a period of three months for the offence punishable under section 304 Part-II read with section 34 of the Indian Penal Code in Sessions Case No.135 dated 8.9.2003/5.11.2003 arising out of FIR No.151 dated 22.5.2003, Police Station Sadar, Ferozepur under Section 304 of the Indian Penal Code.
The brief facts giving rise to this prosecution are that on 22.4.2003 at about 4 PM, deceased-Santa Singh, resident of village Ruhela Hazi along with his son Kundan Singh (complainant) and his daughter-in-law Chhindo were plucking chilly crops in their fields in the area of village Ruhela Hazi. Deceased-Santa Singh started towards village Gandhu Kilcha to attend the cremation of one of his female relative by leaving complainant- Kundan Singh and Chhindo in the fields. Accused- appellants Tehal Singh, Latkan Singh and Mangal Singh were present in their fields and were standing in the maize crops of accused Tehal Singh. When Santa Singh came near to them, accused appellant-Latkan Singh raised a lalkara that on that day Santa Singh should not be allowed to go scot free and he be taught a lesson for demolishing ridge (Watt) in between their field. On hearing the noise of accused Latkan Singh, both complainant Kundan Singh and Chhindo ran towards Santa Singh but in the meanwhile accused Tehal Singh caught and pressed the testicles of Santa Singh. Accused appellant Latkan Singh and accused Mangal Singh (since acquitted) also gave Kick blows to Santa Singh. Kundan Singh and Chhindo raised alarm of 'Na Maroo Na Maroo'. All the accused ran away from the place of occurrence leaving Santa Singh. After walking 4/5 karams (paces) Santa Singh fell down in the field and breathed his last. The motive for the occurrence is stated to be that Santa Singh was having common ridge (Watt) with Tehal Singh. Earlier to the occurrence, SANJAY KHAN 2014.10.30 11:52 while ploughing land by Santa Singh, the said ridge (Watt) was slightly cut I attest to the accuracy and authenticity of this document Crl. Appeal No.S-80-SB of 2004 3 with the cultivator and due to that reason, the accused were nursing grudge against deceased Santa Singh and thereby caused injuries to him resulting into his death.
After leaving Chindo to guard the dead body of his father, complainant Kundan Singh went to Chanan Singh the Sarpanch of the village and narrated him the entire occurrence. They were going to lodge the report with the police but PW-6 Inspector Sewa Singh met them at bus stand of village Bare Ke. He recorded the statement of complainant Kundan Singh Ex.P-4. Inspector Sewa Singh made his endorsement Ex.PW-4/A and sent the said statement to the police station on the basis of which FIR EX.P5 was registered.
Inspector Sewa Singh along with complainant Kundan Singh, Chanan Singh and members of the police party reached the spot. He prepared the inquest report EX.P-6. During this process it became dark. He sent the dead body to the hospital for post-mortem examination on the same day. After preparing the inquest report, on the next morning he inspected the spot and prepared the rough site plan of the place of occurrence EX.P7. He also recorded the statements of Kundan Singh and Chindo on that day. After the post-mortem examination, constable Swaran Singh produced the parcel containing the clothes of the deceased and copy of the post-mortem report to the investigating officer which were taken into possession vide seizure memo Ex.P3. On 25.5.2003, accused-appellants were arrested. The investigating officer recorded the statement of witnesses and on completion of the investigation, the report under section 173 Cr.P.C was presented in the court.
The case was committed to the Sessions for trial by the Judicial Magistrate, Ferozepur vide order dated 25.8.2003. After commitment of the SANJAY KHAN 2014.10.30 11:52 case, the appellants were charge sheeted for the offence punishable under I attest to the accuracy and authenticity of this document Crl. Appeal No.S-80-SB of 2004 4 Section 304 read with section 34 of the Indian Penal Code to which they pleaded not guilty. During the trial on the basis of an application under section 319 of the Code of Criminal Procedure moved by the prosecution accused Mangal Singh @ Manga, the son-in-law of appellant Tehal Singh, was also summoned as an additional accused and the amended charge under section 304 read with section 34 of the Indian Penal Code was framed on 19.11.2003 to which all the accused pleaded not guilty and claimed trial.
In order to substantiate its case, the prosecution examined as many as six witnesses. Dr. O.P Bagri, Medical specialist, Civil Hospital, Ferozepur, who conducted an autopsy on the dead body of Santa Singh, appeared as PW-1 and proved the post-mortem report Ex.P1 and pictorial diagram Ex.P-1/A. As per his opinion, the death of the deceased Santa Singh was due to the vaso-vogal shock. Constable Swaran Singh who was deputed for the post-mortem examination on the dead body of Santa Singh and handed over the belonging of the deceased as well as the post-mortem report to the investigating officer, appeared as PW-2. Head Constable Gurbhag Singh, who delivered the special report to the Illaqa Magistrate and senior police officers, appeared as PW-3. Complainant Kundan Singh appeared as PW-4 and unfolded the entire prosecution version as reproduced above. Smt. Chhindo wife of Kundan Singh, the witness of the occurrence, appeared as PW-5. Inspector Sewa Singh, the investigating officer appeared as PW-6. After that, the prosecution evidence was closed by the public prosecutor.
When examined under section 313 Cr.P.C, accused appellant Tehal Singh pleaded that he and his son-in-law has been falsely implicated due to dispute of ridge. Mangal Singh used to come to him in harvesting season, otherwise he resides at village Kohar Singh Wala. No such incident SANJAY KHAN 2014.10.30 11:52 took place as stated by the prosecution. Deceased Santa Singh was a patient of I attest to the accuracy and authenticity of this document Crl. Appeal No.S-80-SB of 2004 5 cardiac arrest. He might have died due to that problem or due to sudden shock of his relative and he may fell on brick. Appellant Latkan Singh pleaded false implication at the instance of Jalla Singh.
The accused-appellants have not led any defence evidence in spite of the opportunity granted by the trial court.
Appreciating the evidence on record and the contentions raised before it from both the sides, the trial Court held guilty and convicted the appellants for the offence punishable under section 304 Part-II read with section 34 of the Indian penal code and they were sentenced to undergo rigorous imprisonment as mentioned in the upper part of the judgement.
Aggrieved from the aforesaid judgement of conviction and order of sentence, the present appeal has been preferred.
I have heard Sh.S.C. Chhabbra, Advocate learned Counsel for the appellants, learned State counsel and have carefully gone through the record of the case.
After arguing for some time on the merits of the case, when the Learned counsel for the appellants failed to point out any legal infirmity, he did not challenge the conviction of the appellants recorded by the trial court vide impugned judgement of conviction but he pleaded for the reduction of sentence on the plea that both the appellants are not the previous convicts. Both the appellants are senior citizens. Appellant-Tehal Singh is now 68 years of age and appellant-Latkan Singh is 89 years of age. They are extremely old persons. They were not armed with any weapon. There was only one injury on the person of the deceased. They have already undergone sufficient period in custody. They are also ready to compensate the legal heirs of the deceased. However, he pleaded that as the appellants are extremely old persons and poor SANJAY KHAN 2014.10.30 11:52 agriculturist, so they will be able to pay only the reasonable amount of I attest to the accuracy and authenticity of this document Crl. Appeal No.S-80-SB of 2004 6 compensation.
On the other hand learned State counsel contended that both the accused in furtherance of their own intention had killed Santa Singh, a person of about 45 years of age. Thus, the sentence awarded to them by the trial court is just and appropriate and does not call for any reduction.
I have duly considered the aforesaid contentions. Though, learned counsel for the appellants has not challenged the conviction of the appellants, but still it is the duty of this Court to ascertain the legality of the conviction of the appellants recorded by the learned trial Court.
In order to establish its case, prosecution has examined complainant Kundan Singh the son of the deceased Santa Singh as PW-4. He has categorically deposed that on 22.05.2003, at about 4.00.p.m, he along with his wife Chhindo and father Santa Singh were plucking the Chilli crop from their fields. His father started to attend the cremation of one of their lady relative in village Gandu Kilcha. Accused Tehal Singh, and Mangal Singh were standing in the maize crop fields of Tehal Singh. He identified all of them present in the Court. Latkan Singh raised a lalkara that Santa Singh should be taught a lesson for cutting the 'Watt'. On hearing his lalkara, he and his wife ran towards his father. He saw accused Tehal Singh pressing testicles of his father. Latkan Singh and Mangal Singh started giving kick blows to him. He and his wife raised raula 'Na Maroo Na Maroo'. All the three accused ran away from the spot. After walking for 4-5 paces his father fell in their field. He and his wife checked his father, who was found dead at the spot. He further deposed that they were having common 'Watt' with accused Tehal Singh. Earlier to the occurrence, while ploughing their field some part of the 'Watt' was demolished, due to which accused gave injuries to his father SANJAY KHAN 2014.10.30 11:52 resulting into his death. He further deposed that he left his wife by the side of I attest to the accuracy and authenticity of this document Crl. Appeal No.S-80-SB of 2004 7 the dead body of his father and went to Chanan Singh Ex-Sarpanch of village Rahela Hazi. He disclosed him the occurrence. He and Chanan Singh were going to lodge a report with the police, but the police met them at bus stand of village Bare Ke. He made the statement EX.P-4 to the police. Police accompanied him to the place of occurrence, but due the darkness, place of occurrence could not be shown on that day. On the next morning, complainant showed the place of occurrence to the police and the police prepared the site plan.
The statement of PW-4 Kundan Singh is fully corroborated from the testimony of PW-5 Chhindo. In nutshell, she also categorically deposed that accused/appellant Latkan Singh gave lalkara that Santa Singh should be killed and should be taught a lesson for cutting the 'Watt'. She and her husband raised raula 'Na Maroo Na Maroo'. In the meanwhile Tehal Singh pressed the testicles of her father-in-law and remaining two accused gave him kick blows.
This ocular evidence is fully corroborated from the medical evidence. PW-1 Dr. O.P Bagri, Medical Specialist, Civil Hospital, Ferozepur has conducted the postmortem examination on the dead body of Santa Singh. He observed the following injuries on the dead body of Santa Singh:-
1. There was brownish contusion measuring 4 x 3 cm covering front and lower part of both testicles. On dissection there was infilteration of clotted blood.
The walls of thorax, ribs, cartridges, pleurae, larynx, trachea, pericardum, heart, large vessels, abdomen wall, peritoneum, mouth pharynx, oesophagus, stomach small and large intestine, lover spleen, kidney and bladder all were healthy. Right side of heart was full of blood. Let side of SANJAY KHAN 2014.10.30 11:52 heart was empty. Stomach contained 150 ML of semi digested food, small I attest to the accuracy and authenticity of this document Crl. Appeal No.S-80-SB of 2004 8 intestine contained chyme and fluid. Large intestine contained faecal matter and gases. Bladder was empty. Penis was healthy. The testicle was described as above. Other internal organs of regeneration were healthy. In his opinion the cause of death due to vaso-vogal shock can not be ruled out. He has proved the copy of the postmortem report EX.P-1 and pictorial diagram showing the seat of the injuries EX.P1/A. Thus, as per the medical evidence, the cause of death was due to vasovogal shock. In the cross examination he categorically deposed that if there is a sudden frightening or trauma, the vegal nerve can be stimulated resulting in a shock.
In his statement under Section 313 of Code of Criminal Procedure, accused/appellant Tehal Singh has alleged that Santa Singh deceased was a patient of cardiac arrest. He might have died due to that problem or due to sudden shock of death of his relative and he may fell on brick. But all these pleas raised by the accused-appellant are not substantiated from the material available on record. PW-1 Dr.O.P.Bagri categorically deposed that vaso-vogal shock can not be termed as a heart attack. There is no finding in the postmortem report regarding the cardiac arrest. The accused have also not adduced any evidence on record to establish that deceased Santa Singh was a heart patient. There was no possibility of the deceased suffering any vaso-vogal shock due to the death of his relative. In the cross examination of PW-5 Chhindo, it has come that the name of the dead lady was Rano, but she was not related to them. She further deposed that when they started from the village, they had come to know about the death of that lady. First of all, they opted to go to the fields and it was settled that her father-in-law would thereafter return to attend the funeral. It shows that the information regarding the death of Rano was already received by the deceased but he first opted to SANJAY KHAN 2014.10.30 11:52 go to the field to do the agriculture work and then to go to the village to attend I attest to the accuracy and authenticity of this document Crl. Appeal No.S-80-SB of 2004 9 the funeral. Deceased Rano was also not related to the deceased Santa Singh. So there can be no question of any shock on account of her death. The injury on the person of deceased Santa Singh as a result of fall on a brick is totally ruled out from the consistent testimonies of PW-4 Kundan Singh and PW-5 Chhindo, the witnesses of the occurrence whose presence at the spot was natural as they had also come along with deceased to their field for doing agriculture work. Moreover, no brick lying at the spot has been noticed by the Investigating Officer at the time of inspection of the spot. So there is no question of the deceased suffering any injury as a result of fall on any brick.
As per the testimonies of PW-4 Kundan Singh and PW-5 Chhindo, accused Latkan Singh has gave a lalkara and thereafter, accused/appellant Tehal Singh pressed the testicles of Santa Singh. When they released the deceased, he could hardly walk 4-5 paces and fell down and died at the spot, which indicates the common intention on the part of the appellants. Thus, from the aforesaid ocular as well as medical evidence, I do not find any legal infirmity in the conviction of the appellants recorded by the learned trial Court.
However, I found substance in the contentions raised by the learned counsel for the appellants qua the reduction in the quantum of sentence. Firstly, I take up the case of appellant Latkan Singh. Even as per the judgment of the learned trial Court, the age of the appellant Latkan Singh has been mentioned as 78 years. The judgment is dated 18.12.2003. This judgment has rendered about 11 years ago. By this time, the age of the convict-appellant Latkan Singh comes to about 89 years. He is an extremely old person.
The role attributed to this appellant is also only that he gave a SANJAY KHAN 2014.10.30 11:52 lalkara. It is alleged that he also gave the kick blows to the deceased. The I attest to the accuracy and authenticity of this document Crl. Appeal No.S-80-SB of 2004 10 same allegations were leveled against accused Mangal Singh, but he has been acquitted by the learned trial Court. PW-1 Dr. O.P.Bagri has categorically stated in the cross examination that there was no injury of any type on the body of deceased Santa Singh except injury no.1. So from the aforesaid evidence, the only allegations against appellant Latkan Singh which is substantiated is that he had raised a lalkara. As already mentioned he is extremely old person of 89 years. Thus, in view of the role attributed to him in the commission of this offence and his extremely old age, he deserves substantial reduction in the sentence awarded to him by the learned trial Court.
Appellant Tehal Singh is also an old man. In the judgment of learned trial Court his age has been mentioned to be 57 years. By this time he is also about 68 years of age. There is no material on record to establish that he is a previous convict or has any criminal background. As per the custody certificate of appellant Tehal Singh, he has already undergone two years six months and nineteen days of the actual sentence, besides, the remission eared by him while in custody. He was not armed with any weapon. The allegations are that he pressed the testicles of the deceased and has not caused any other injury on the person of deceased Santa Singh. So he is also entitled for reduction of sentence.
Deceased Santa Singh was about 45 years of age at the time of his death. He was working as an agriculturist. The legal heirs of the deceased Santa Singh have lost the earning member of their family. So they really deserves the compensation on account of his loss. But at the same time to determine the amount of compensation, the Court has to keep in mind the financial position of the accused. Both the accused are old persons. Learned SANJAY KHAN 2014.10.30 11:52 counsel for the appellants has pleaded that they are poor persons and were I attest to the accuracy and authenticity of this document Crl. Appeal No.S-80-SB of 2004 11 wholly dependant upon the agricultural income from the small land holding. So in these circumstances, in my opinion the reasonable amount of compensation shall be justified.
Thus, keeping in view the facts and circumstances of the case and antecedents of the appellants, I take the lenient view in the matter of sentence. Sentence of appellant Tehal Singh is reduced to rigorous imprisonment for five years instead of rigorous imprisonment for seven years and that of appellant Latkan Singh is reduced to rigorous imprisonment for two years instead of rigorous imprisonment for five years. They are also directed to pay a compensation of ` one lakh to the legal heirs of deceased Santa Singh under Section 357 of the Code of Criminal Procedure. Out of the aforesaid amount of ` one lakh, ` 70,000/- shall be paid by appellant Tehal Singh and ` 30,000/- shall be paid by appellant Latkan Singh. The amount of compensation be deposited with the learned trial Court within two months from the date of this judgment and thereafter shall be disbursed to the legal heirs of deceased Santa Singh as per rules.
Resultantly, the appeal of the appellants qua conviction stands dismissed. However, the order on quantum of sentence stands modified as mentioned above.
October 29th, 2014 (DARSHAN SINGH)
s.khan JUDGE
SANJAY KHAN
2014.10.30 11:52
I attest to the accuracy and
authenticity of this document