Punjab-Haryana High Court
Hakikat Singh And Others vs State Of Punjab on 4 September, 2012
Author: S.S. Saron
Bench: S.S. Saron
Crl. Appeal No.277-DB of 2006 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Crl. Appeal No.277-DB of 2006
Date of decision:-04.09.2012
Hakikat Singh and others
... Appellants
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE S.S. SARON
HON'BLE MR. JUSTICE S.P. BANGARH
Present:- Mr. A.P.S. Deol, Senior Advocate with
Mr. Vishal Rattan Lamba, Advocate and
Mr. S.K. Vohra, Advocate for the appellants
Mr. U.S. Dhaliwal, Addl. Advocate General, Punjab
****
S.S. SARON J.
On the last date of hearing i.e. 31.08.2012, learned Senior counsel for the appellants submitted that Harbans Singh (appellant No.3) had died.
Learned State counsel had taken time to verify the position. It is submitted by learned counsel for the State that he has been informed through the office of Senior Superintendent of Police, Fatehagarh Sahib that Harbans Singh (appellant No.3) has died.
In the circumstances, the appeal as against Harbans Singh (appellant No.3) stands abated in terms of Section 394 (1) of the Code of Criminal Procedure ('Cr.P.C' - for short). The appeal, Amit Khanchi 2014.01.30 14:43 I attest to the accuracy and integrity of this document High Court,Chandigarh Crl. Appeal No.277-DB of 2006 -2- therefore, survives only in respect of Hakikat Singh and Paramjit Singh (appellant No.1 and 2) respectively. Paramjit Singh (appellant No.2) has been convicted for the offence under Section 302 of the Indian Penal Code ('IPC' - for short) while Hakikat Singh (appellant No.2) and Harbans Singh (since deceased) (appellant No.3) were convicted for the offence under Section 302 read with Section 34 IPC. They were sentenced to undergo imprisonment for life; besides, pay a fine of Rs.10,000/- each and in default thereof to undergo rigorous imprisonment for a period of six months.
The FIR (Ex. PA/2) has been registered at 2.50 a.m. on 25.06.2003 on the statement of Darbara Singh (PW-1) in respect of the incident that occurred on 24.06.2003 at 7.30 p.m. within the limits of village Saimpli, Police Station Bassi Pathana, District Fatehgarh Sahib, which is about 17 kms east from the police station. According to the complainant - Darbara Singh (PW-1) son of Jiwa Singh, he is an agriculturist and they were five brothers. Darbara Singh (PW-1) himself and his younger brother Shamsher Singh (deceased) lived together. Shamsher Singh (deceased) was married while he (complainant) was unmarried. Shamsher Singh had been doing private job at Mohali. On 24.06.2003 Shamsher Singh came back home from his duty. The time must be about 7.30 p.m. when Shamsher Singh, brother of the complainant was removing the earth soil from the drain in front of his house. Darbara Singh (complainant ) (PW-1) and Narinder Kaur (PW-2) wife of Paramjit Amit Khanchi Singh and daughter-in-law of Shamsher Singh were standing nearby. 2014.01.30 14:43 I attest to the accuracy and integrity of this document High Court,Chandigarh Crl. Appeal No.277-DB of 2006 -3- At that time Hakikat Singh (appellant No.1) and Harbans Singh (appellant No.3) sons of Pritam Singh stopped Shamsher Singh from removing the earth soil from the drain and said that they had to pass their tractor and that he daily removes the soil from the drain. It becomes difficult for them to pass their tractor (over the drain). They i.e. Hakikat Singh and Harbans Singh (appellants No. 1 and 3) started abusing Shamsher Singh (deceased) brother of the complainant. Hakikat Singh (appellant No.1) apprehended Shamsher Singh (deceased) while he was sitting there and Paramjit Singh (appellant No.2) son of Harbans Singh (appellant No.3) got his tractor. Then Harbans Singh (appellant No.3) raised a 'lalkara' saying that Shamsher Singh should be run over with the tractor so that the daily dispute is finished. On saying this Paramjit Singh (appellant No.2) with an intention to kill Shamsher Singh brother of the complainant Darbara Singh (PW-1) within their sight ran his tractor over Shamsher Singh with the left side tyres of the tractor. They raised an alarm of 'marta marta' and then Paramjit Singh (appellant No.2), Hakikat Singh (appellant No.1) and Harbans Singh (appellant No.3) ran away from the spot with their tractor. The complainant- Darbara Singh (PW-1) and his nephew Paramjit Singh arranged a vehicle and they took Shamsher Singh, brother of the complainant, to Civil Hospital for treatment. After giving him first aid, he was referred to PGI, Chandigarh for treatment. When they reached near village Landran by that time Shamsher Singh had died. Then they came Amit Khanchi back to Civil Hospital, Fatehagarh Sahib and the dead body was kept 2014.01.30 14:43 I attest to the accuracy and integrity of this document High Court,Chandigarh Crl. Appeal No.277-DB of 2006 -4- in the mortuary. The motive for the incident was that Paramjit Singh etc. used to fill the drain with earth soil so that their tractor could pass over the drain. As a result of which the dirty water of the village entered in their house, therefore, he was removing the soil. Darbara Singh complainant (PW-1) was going to the police for giving information that Raj Kumar SI/SHO (PW-8) Police Station Bassi Pathana met him at the gate of Civil Hospital, Fatehagarh Sahib. Proceedings were asked to be taken. Raj Kumar SI/SHO (PW-8) Police Station Bassi Pathana at about 1.45 am on 25.06.2003 made his endorsement (Ex.PA/1) to the effect that a wireless/QST (Ex.PW8/A) was received that Shamsher Singh son of Jiwa Singh was admitted in Civil Hospital, Fatehagarh Sahib due to a fight and he had died. For further proceedings, an Investigating Officer was asked to be sent and a ruqa was asked to be taken from the police post, Fatehagarh Sahib. This wireless QST was received at Police Post Badali Alla Singh about which Raj Kumar SI/SHO (PW-8) got information at Police Station Bassi Pathana. On this he along with Constable Ravinder Singh 133, Punjab Home Guard Gurmail Singh in a private vehicle proceeded to Civil Hospital, Fatehagarh Sahib. When Raj Kumar SI/SHO (PW-8) along with his fellow companions reached at the main gate of Civil Hospital, Fatehagarh Sahib, then SI Swaranjit Singh Incharge Police Post, Badali along with ASI Harnek Singh, Head Constable Kaur Singh and Constable Amarjit Singh along with the medical 'ruqa' (memo) met them. Aforesaid Darbara Amit Khanchi Singh (PW-1) son of Jiwa Singh also met him. Darbara Singh (PW-1) 2014.01.30 14:43 I attest to the accuracy and integrity of this document High Court,Chandigarh Crl. Appeal No.277-DB of 2006 -5- made his aforesaid statement (Ex.PA) before Raj Kumar SI/SHO (PW-8) which was recorded by the latter. Darbara Singh (PW-1) heard his statement word by word and after admitting the same as correct he put his left thumb impression below it, which was attested by Raj Kumar SI/SHO (PW-8). From the statement offence under Section 302/34 IPC was found to have been committed. The writing was sent through Amarjit Singh Constable to the Police Station for registration of a case (FIR) against Paramjit Singh (appellant No.2), Hakikat Singh (appellant No.1) and Harbans Singh (appellant No.3) for the offence under Section 302/34 IPC. After registration of the case, its number was asked to be intimated and special report was asked to be issued; besides, the Control Room was also asked to be informed. Raj Kumar SI/SHO (PW-8) along with his companions was busy with the investigation. On receipt of the report, Mohinder Singh ASI, Incharge, Police Station Bassi Pathana registered FIR No.70 dated 26.06.2003 (Ex.PA/2) for the offence under Section 302/34 IPC.
Raj Kumar SI/SHO (PW-8) conducted the investigations in the case. He prepared the inquest report (Ex.PW4/B) in respect of the dead body of Shamsher Singh. Statements under Sections 175 Cr.P.C of Lovtar Singh and Hardip Singh were recorded. They identified the dead body to be that of Shamsher Singh. The dead body was entrusted to Head Constable Kaur Singh for postmortem examination with an application (Ex.PW4/A). Raj Kumar SI/SHO Amit Khanchi (PW-8) then went to the spot at village Saimpli and investigations 2014.01.30 14:43 I attest to the accuracy and integrity of this document High Court,Chandigarh Crl. Appeal No.277-DB of 2006 -6- were conducted at the instance of Darbara Singh (PW-1). Rough site plan (Ex.PB) with correct marginal notes was prepared. Besides, statements of other witnesses were recorded. On 25.06.2003, a parcel containing the clothes of the deceased was produced which was sealed by him with his seal 'RK' and it was taken in possession vide memo (Ex.PW4/D). The memo was attested by Kaur Singh Head Constable. On 01.07.2003, Hakikat Singh and Paramjit Singh (appellants No.1 and 2) were produced before Raj Kumar SI/SHO (PW-8) at Police Post Badali Alla Singh. Nothing was recovered from their person search. Memos Ex.PW-8/B and PW-8/C were prepared which were attested by Paramjit Singh (appellant No.2) and thumb marked by Hakikat Singh (appellant No.1) and also attested by ASI Harnek Singh. During interrogation, Paramjit Singh (appellant No.2) made a disclosure statement that he had concealed the tractor which he used in the crime near the bushes of the SYL canal in the revenue limits of village Pawala and he could get the same recovered as it was in his exclusive knowledge. Memo (Ex.PW-8/D) to this effect was prepared wich was signed by the accused and attested by ASI Harnek Singh. Paramjit Singh (appellant No.2) then led the police party to the place where the tractor had been concealed and got recovered one tractor HMT No.PB-23-B-6930. It was taken in possession vide memo (Ex.PW-8/E) which was attested by Harnek Singh ASI. A rough site plan (Ex.PW-8/F) of the place of recovery with correct marginal notes was prepared. The statement of Harnek Amit Khanchi Singh ASI was recorded. The grounds of arrest were conveyed to 2014.01.30 14:43 I attest to the accuracy and integrity of this document High Court,Chandigarh Crl. Appeal No.277-DB of 2006 -7- the accused vide memo (Ex.PW-8/G). It was signed by Bhajan Singh. On 15.07.2003 , the tractor was got mechanically examined from Karam Singh Mechanic who gave his report (Ex.PW-6/A). The statement of the Mechanic was recorded. The documents (Ex.PW- 8/H and PW-8/J) sent by the doctor were taken in possession. A scaled site plan (Ex.PW5/A) of the place of occurrence was got prepared from the draftsmen. After completion of the investigation, the police report (challan) was filed against Hakikat Singh and Paramjit Singh (appellants No.1 and 2) by SI Hardip Singh in the Court of learned Chief Judicial Magistrate, Fatehagarh Sahib. Harbans Singh (appellant No.3) was not sent up for trial.
The learned Chief Judicial Magistrate, Fatehagarh Sahib by his order dated 07.10.2003 after hearing the learned APP and the learned defence counsel and perusing the report under Section 173 Cr.P.C as also the documents placed on record, found that sufficient evidence and grounds had come on record showing the commission of offence punishable under Section 302/34 IPC which was exclusively triable by the Court of Sessions. Accordingly, the case was committed to the said Court for trial.
The learned Sessions Judge, Fatehagarh Sahib vide order dated 10.11.2003 framed charges against Paramjit Singh (appellant No.2) for the offence under Section 302 and against Hakikat Singh (appellant NO.1) for the offence under Section 302 read with Section 34 IPC. It was alleged that both the accused Amit Khanchi Hakikat Singh and Paramjit Singh (appellants No.1 and 2) on 2014.01.30 14:43 I attest to the accuracy and integrity of this document High Court,Chandigarh Crl. Appeal No.277-DB of 2006 -8- 24.06.2003 at about 7.30 pm in the area of Saimpli formed a common intention to commit the murder of Shamsher Singh son of Jiwa Singh and in furtherance of the common intention Paramjit Singh (appellant No.2) committed the murder of Shamsher Singh by crushing him underneath the tractor and thereby Paramjit Singh committed an offence under Section 302 IPC and Hakikat Singh (appellant No.1) committed an offence under Section 302 read with Section 34 IPC. Accordingly they were directed to be tried by the said Court for the said charges. The accused after hearing and understanding the charges pleaded not guilty to the same and claimed trial. During trial on 14.01.2004, statement of one PW namely Darbara Singh (PW-1) was recorded and the prosecution filed an application under Section 319 Cr.P.C for summoning Harbans Singh (appellant No.3) whose name had been shows in column No.2 of the challan.
The learned Sessions Judge vide order dated 04.03.2004 perused the statement of the complainant Darbara Singh (PW-1) and Narinder Kaur wife of Paramjit Singh son of deceased Shamsher Singh before the Police in which they had named Harbans Singh (appellant No.3) as an accused who also took part in the crime. Darbara Singh (complainant) (PW-1) in his statement before the Court stated that Harbans Singh (appellant No.3) had taken active part in causing the death of Shamsher Singh. Accordingly, the application under Section 319 Cr.P.C was allowed and Harbans Amit Khanchi Singh (appellant No.3) was summoned as an accused. 2014.01.30 14:43 I attest to the accuracy and integrity of this document High Court,Chandigarh Crl. Appeal No.277-DB of 2006 -9-
The learned Additional Sessions Judge to whom the case was assigned framed fresh charges on 27.07.2004 to the effect that all the accused (appellants) on 24.06.2003 at about 7.30 pm in the revenue limit of village Saimpli, in furtherance of their common intention to commit the murder of Shamsher Singh son of Jiwa Singh, Paramjit Singh (appellant No.2) committed the murder of Shamsher Singh by crushing him underneath the trafctor and Paramjit Singh (appellant No.2) thereby committed an offence under Section 302 IPC while Hakikat Singh and Harbans Singh (appellants No.1 and 3) had committed an offence punishable under Section 302/34 IPC within the cognizance of the Court and accordingly, it was directed that they all be tried by the said Court. The contents of the charge were read over and explained to the accused (appellants). They understood the same and pleaded not guilty.
The prosecution in order to establish its case examined as many as 10 witnesses including Darbara Singh complainant (PW-
1) and Narinder Kaur (PW-2) eye witness; besides, Dr. Balwinder Singh Multani, Medical Officer, Civil Hospital, Fatehagarh Sahib (PW-
7).
Paramjit Singh (appellant No.2) in his statement under Section 313 Cr.P.C took the defence that he was innocent and had been falsely involved in the case on account of enmity and party faction and on suspicion. Hakikat Singh and Harbans Singh (appellants No.1 and 3) in their statements also took the same stand. Amit Khanchi In defence Dr.Navdeep Gupta, Document Expert, Patiala was examined 2014.01.30 14:43 I attest to the accuracy and integrity of this document High Court,Chandigarh Crl. Appeal No.277-DB of 2006 -10- as DW-1. He had examined the disputed portion Mark 'A' on Ex.PA/1 which is the time, "1.45 am" recorded below the endorsement (Ex.PA/1) by SI/SHO Raj Kumar (PW-8) on 25.06.2003. According to Navdeep Gupta (DW-1), the time "1.45 am" was not written by the same person who wrote the digits in the figures Mark S1 to S6 in the body of Ex.PA/1. According to his opinion the portion Mark 'A' regarding the time "1.45 am" had been written with a different ball pen and ink other than the one used for body of the writing of Ex.PA/1. His detailed report Ex.D-1 comprising of four pages had been submitted along with photographic charts (Ex.D2 and Ex.D3).
The learned Sessions Judge after considering the evidence and material on record convicted Paramjit Singh (appellant No.2) for the offence under Section 302 IPC while Hakikat Singh and Harbans Singh (appellants No.1 and 3) were convicted for the offence under Section 302 read with Section 34 IPC. They were all sentenced to undergo imprisonment for life, besides, pay a fine of Rs.10,000/- each and in default thereof to undergo further regorous imprisonment for six months. Aggrieved against the same, the appellants have filed the present appeal. During the pendency of the appeal, Harbans Singh (appellant No.3) has died and the appeal as against him stands abated.
Learned Senior counsel for the appellants appearing with Shri S. K. Vohra, Advocate and Shri Vishal Rattan Lamba, Advocate laid strong emphasis on the deposition of Dr. Balwinder Singh Multani, Medical Officer, Civil Hospital, Fatehgarh Sahib (PW-7) who conducted the post-mortem on the dead body of Shamsher Singh. He (PW-7) inter alia stated that there were four injuries on the dead Amit Khanchi 2014.01.30 14:43 I attest to the accuracy and integrity of this document High Court,Chandigarh Crl. Appeal No.277-DB of 2006 -11- body and injury No.1 relates to multiple ribs fractures by lateral. However, the doctor did not see any visible external mark of injury. Therefore, it is submitted that the death could not have been caused by the tractor running over the person of Shamsher Singh (deceased). Darbara Singh (PW-1) and Narinder Kaur (PW-2), the brother and daughter-in-law of deceased Shamsher Singh, it is submitted are interested witnesses; besides, no such injury has been shown which could the cause of death. It is also submitted that there was no motive on the part of the appellants to commit the murder of Shamsher Singh. A reference has been made to the site plans (Ex.PB) prepared by the Investigating Officer and the scaled site plan (Ex.PW5/A) prepared by Om Parkash Sachedva Draftsmen (PW-5) which show that there is a drain in front of the houses of Hakikat Singh and Harbans Singh (appellants No.1 and 3). Therefore, there was no need for them to construct a drain across the road towards the drain of the house of Shamsher Singh (deceased).
In response, Shri U. S. Dhaliwal, Addl. AG, Punjab learned counsel for the State has submitted that Shamsher Singh had died in the occurrence and there is an eye witness account that the tractor had run over the deceased. The medical evidence, it is submitted, is only corroborative in nature and in the face of the eye witness account which is convincing and trustworthy, there is no reason to doubt the prosecution case.
We have given our thoughtful consideration to the matter. Amit Khanchi The prosecution case as has been noticed is that on 24.06.2003 2014.01.30 14:43 I attest to the accuracy and integrity of this document High Court,Chandigarh Crl. Appeal No.277-DB of 2006 -12- Shamsher Singh (deceased) had returned home after his duty from Mohali at about 7.00/7.30 pm. The houses of the appellants are on one side of the street and the deceased Shamsher Singh as well as Darbara Singh (PW-1) are on the opposite side of the public street which is in between them. Hakikat Singh and Harbans Singh (appellants No.1 and 3) are real brothers being the sons of Pritam Singh. Paramjit Singh (appellant No.2) is the son of Harbans Singh (appellant No.3). Shamsher Singh (deceased) and Darbara Singh (complainant) (PW-1) are real brothers being the sons of Jiwa Singh. Narinder Kaur (PW-2) is the daughter-in-law of Shamsher Singh (deceased) being the wife of his (Shamsher Singh's) son Paramjit Singh. The appellants Harbans Singh, Hakikat Singh and Paramjit Singh it is alleged used to fill the drain across the public street in front of their house with earth soil. On this account water used to stagnate in the 'verandha' and courtyard of the complainant Darbara Singh (PW-1). Shamsher Singh (deceased) started digging out of the earth from the drain so that the water does not stagnate in the houses of the complainant side. This was objected to by the appellant side alleging that by digging the drain their tractor could not pass through the street. According to Darbara Singh (PW-1), Shamsher Singh was his younger brother who had died. They used to reside together. Shamsher Singh was married while he (PW-1) was unmarried. Shamsher Singh was doing a private job at Mohali. On 24.6.2003 Shamsher Singh had returned from Mohali after his Amit Khanchi duty at about 7/7.30 p.m. Harbans Singh, Hakikat Singh and 2014.01.30 14:43 I attest to the accuracy and integrity of this document High Court,Chandigarh Crl. Appeal No.277-DB of 2006 -13- Paramjit Singh (appellants) used to fill the drain in front of their house. Due to this water used to stagnate in the 'verandha' and the courtyard. Shamsher Singh started digging out the earth from the drain. Darbara Singh (PW-1) was present in front of the door at that time. Narinder Kaur, daughter-in-law of Shamsher Singh was also present. In the meantime, Hakikat Singh and Harbans Singh (appellants No.1 and 3) came there and asked Shamsher Singh as to why he was opening the drain which had been blocked by them. They had filled the drain to enable their tractor to pass. When Shamsher Singh did not stop from digging out the earth from the drain, then Hakikat Singh and Harbans Singh (appellants No.1 and 3) started calling him names. Hakikat Singh (appellant No.1) caught hold of Shamsher Singh while he was sitting on the drain. Paramjit Singh (appellant No.2) brought the tractor. Harbans Singh (appellant No.3) raised a Lalkara that the dispute be brought to an end. Then Paramjit Singh (appellant No.2) ran the tractor over Shamsher Singh from the left side. Darbara Singh (PW-1) and Narinder Kaur (PW-2) raised an alarm. Thereafter, all the three accused (appellants) left the spot along with their tractor. They arranged a vehicle and brought Shamsher Singh to Civil Hospital, Fatehgarh Sahib. From there he was referred to PGI, Chandigarh. While they were taking him to PGI, Chandigarh, he succumbed to his injuries at Landran. Then they returned to Civil Hospital, Fatehgarh Sahib and the dead body was taken to the mortuary. In cross-examination, it is accepted Amit Khanchi by Darbara Singh (PW-1) that an application was filed by the son of 2014.01.30 14:43 I attest to the accuracy and integrity of this document High Court,Chandigarh Crl. Appeal No.277-DB of 2006 -14- Shamsher Singh i.e. Paramjit Singh before DSP Bassi Pathana that Harjinder Singh son of Teja Singh, Harjit Singh son of Sant Singh and Sher Singh son of Charan Singh were also accused persons in this case. The matter was investigated by DSP in this regard but the said persons were not sent up for trial. Darbara Singh complainant (PW-1) also stated that he did not know the number of the tractor nor did he state the number of the tractor before the police. It is stated by Darbara Singh (PW-1) that Paramjit Singh etc. used to fill up the drain to enable them to pass their tractor. However, the fact that Harbans Singh and Hakikat Singh (appellants No.3 and 1) filled the drain is not mentioned. The drain in question is one feet and street is nine feet wide. The accused, it is alleged were filling the drain for the last two years prior to the occurrence. The drain in question was a 'pucca' one. No written complaint had been made to the Panchayat in this regard. It is voluntarily stated that the Panchayat was told regarding the said fact. The complainant did not file any suit regarding blocking of the drain by the accused. It is stated that the left tyres of the tractor had run over the body of Shamsher Singh. He did not notice any mark of the tyres on the clothes of Shamsher Singh. Shamsher Singh, his brother did not ooze any blood. The Panchayat Election it is stated were due to be held in those days and the elections were held on 26.06.2003.
Narinder Kaur (PW-2) has also deposed on the same lines as Darbara Singh (PW-1). It is stated by her that Paramjit Singh Amit Khanchi (appellant No.2) ran over the tractor on the body of her father-in-law 2014.01.30 14:43 I attest to the accuracy and integrity of this document High Court,Chandigarh Crl. Appeal No.277-DB of 2006 -15- as a result of which her father-in-law received injuries on the left side of his chest. In cross-examination, it is accepted as correct that her husband Paramjit Singh filed an application before the police that Harjinder Singh son of Teja Singh, Harjit Singh son of Sant Singh and Sher Singh son of Gurcharan Singh be also included as accused in this case. She (PW-2) did not make any statement in this regard as the said persons were not present at the spot. The DSP made an inquiry with regard to the occurrence. It is further stated by her (PW-
2) that her father-in-law was wearing a vest and an underwear and he received injuries on the chest and no part of the body. Both the left tyres of the tractor had run over to her father-in-law. She had not seen any marks of the tyre on the body of her father-in-law. There were no marks of tyres of the tractor in the street as it is a paved street. Her father-in-law was digging out earth before the occurrence. He had just started digging out the earth when the occurrence took place.
Dr. Balwinder Singh Multani, Medical Officer, Civil Hospital Fatehagarh Sahib has noticed following injuries on the person of Shamsher Singh (deceased).
1. Multiple ribs fractures by lateral. No visible external mark of injury was seen.
2. Abrasion 1cm x 1cm left leg overtuverosity.
3. Abrasion 2cm x 2cm left side of Ilium.
4. Abrasion 2cm x 2cm left shoulder.
Amit Khanchi Dr. Balwinder Singh Multani stated that in his opinion the cause 2014.01.30 14:43 I attest to the accuracy and integrity of this document High Court,Chandigarh Crl. Appeal No.277-DB of 2006 -16- of death in this case was multiple rib fracture with haemothorax, which was ante-mortem in nature and was sufficient to cause death in the ordinary course of nature. In cross-examination it is stated as correct that if somebody on a bicycle at a good speed and the front wheel of the cycle strikes in a pit/ditch, the possibility of receipt of the injuries on the person of the deceased could not be ruled out. At the time of post-mortem he could not ascertain the probable time between injury and death as per record. He could not, at that time, assess the time that lapsed between injury and death. The same was to be given as per record in the hospital as noted in the post- mortem report.
The important aspect to be noticed in the deposition of Dr. Balwinder Singh Multani (PW-7) is that he did not see any external marks of injury on the dead body of Shamsher Singh. The prosecution case, however, is that death of Shamsher Singh had occurred as a result of two left side wheels of the tractor running over him. Shamsher Singh (deceased) was 65 years of age and, therefore, the question that is to be considered is as to whether there would be marks of injury in case two left wheels of the tractor had run over the body. It may be noticed that only fracture of ribbs is mentioned and there is no nature of injury or wound that has been mentioned; besides, three abrasions are mentioned on the left leg, left side of ilium and left shoulder. The cause of death is mentioned is multiple ribbs fractures with haemothorax. However, there is no Amit Khanchi injury or wound mentioned on the chest. Haemothorax is the 2014.01.30 14:43 I attest to the accuracy and integrity of this document High Court,Chandigarh Crl. Appeal No.277-DB of 2006 -17- accumulation of blood in the pleural cavity, the space between the lung and the chest wall. The blood may be removed with a syringe and needle or a surgical operation (thoracotomy) may be necessary. However, the significant aspect to be noticed is that there is no injury or wound on the chest as a result of two left side tyres of a tractor passing over the person of Shamsher Singh (deceased). Modi in his text book of Medical Jurisprudence and Toxicology 24th Edition 2011 in Chapter 24 has dealt with injuries by mechanical violence. It is mentioned that for medical purposes, injuries by mechanical violence are divided into bruises or contusions, abrasions and other wounds. The word, injury denotes any harm illegally caused to any person in body, mind, reputation or property. In respect of lacerated wounds, it is inter alia mentioned as follows:-
"Lacerated wounds are tears or splits produced by blows from blunt objects and missiles, by violent falls on hard projecting surfaces, by machinery and railway accidents, by the wheels of a vehicle causing a grinding compression by their weight resulting in avulsion of the skin. They can also be caused by the claws, teeth or horns of animals and by projecting nails, or by over stretching of the skin over broken bones. These wounds do not generally correspond in shape or size to the weapon producing them. Their edges are torn, jagged, irregular and swollen or contused. The tissues are torn Amit Khanchi and the skin beyond the seat of injury is ecchymosed and 2014.01.30 14:43 I attest to the accuracy and integrity of this document High Court,Chandigarh Crl. Appeal No.277-DB of 2006 -18- the underlying bones are likely to be fractured, while the internal organs may be injured. Foreign bodies, such as earth, grease, machine oil, cinders, hair or fibres of clothing are frequently found in the wound and hence they are also predisposed to infection."
"When produced by a blunt weapon, such as a club (lathi), crowbar, stone or brick, a lacerated wound is usually accompanied by a considerable amount of bruising of the surrounding and underlying tissues, and has inverted and irregular edges. When a heavy weight like a wheel of a heavy cart of a truck pases over any extremity, by its shearing and grinding force, it tears the skin from the underlying tissues and crushes the muscles and soft parts beneath it, releasing considerable blood and fat in them. Crush syndrome or fat emboli may occasionally follow. The direction of the shelving of the margins of a lacerated wound indicates the direction of the blow applied to cause the wound." (Emphasis added).
According to the above, lacerated wounds may be caused by the wheels of a vehicle causing a grinding compression by the weight resulting in avulsion of the skin.
Avulsion is mentioned as a type of laceration as follows:-
"Avulsion: It is otherwise known as de-gloving or de- Amit Khanchi stocking of the skin. Skin is overstretched. The skin and 2014.01.30 14:43 I attest to the accuracy and integrity of this document High Court,Chandigarh Crl. Appeal No.277-DB of 2006 -19- the wheel moves together and the skin comes off. The skin of the affected limb is separated from the underlying tissues and hangs loosely."
In the present case, admittedly there is no grinding compression or avulsion of the skin nor has any skin come off; besides, neither has any affected limb of the skin been separated from the underlying tissues and grinding the muscles and soft parts beneath it.
Chapter 27 of the Text Book of Medical Jurisprudence and Toxicology 24th Edition 2011 by Modi deals with Vehicular Traffic Injuries. It has been considered that pedestrian injuries depend on whether the person is crossing the road or walking in the direction of the moving vehicle. The injuries sustained by pedestrians, it is mentioned can be grouped as follows :-
"(i) Primary impact injuries (indicating which part of the body was struck first);
(ii)Secondary impact injuries (indicating whether further injuries were caused by the vehicle); and
(iii) Secondary injuries - due to fall on ground or any other subject."
In respect of secondary impact injury, it is mentioned as follows:-
"Secondary impact injuries are due to a later (secondary) Amit Khanchi impact with the same vehicle, such as being lifted onto 2014.01.30 14:43 I attest to the accuracy and integrity of this document High Court,Chandigarh Crl. Appeal No.277-DB of 2006 -20- the vehicle after primary impact, or being run over. The head may be injured after striking against the windscreen or the bonnet. If the pedestrian is run over while lying down, he may be crushed against the road surface, resulting in fractures of bones and degloving of the skin over the limbs and trunk (run over or flaying injuries). "The severity of crush injuries will depend on the weight of the vehicle and its clearance from the ground. If 'jumping' of the wheels has occurred at the moment of being run over, the crush injuries will be minimum and involve only one side of the body." (Emphasis added) A perusal of the above shows that if a pedestrian is run over while lying down, he may be crushed against the road surface, resulting in fractures of bones and degolving of the skin over the limbs and trunk run over or flaying injuries. In case jumping of wheels has occurred, the crush injuries will be minimum. However, present is a case of no injury. Prof (Dr.) A. S. Deoskar in his Medical Jurisprudence, Toxicology and Forensic Science has considered the case of transportation injuries with Dr. Raghavendra Babu. Under the heading, 'summary of events and injuries in a case of pedestrian accidents", it is inter alia observed as follows:-
"Soft tissue injuries: include abrasions, bruises, lacerations and crushing injuries. Typical brush- burning/grazed abrasion (Fig.3) may be found when the pedestrian is dragged or scrapped against the rough Amit Khanchi 2014.01.30 14:43 I attest to the accuracy and integrity of this document High Court,Chandigarh Crl. Appeal No.277-DB of 2006 -21- surface. These are usually superficial abrasions without significant haemorrhage into the skin and subcutaneous tissue. Another Characteristic injury is 'flaying injury' (Fig.5) encountered in run-over cases. The rotator effect of the wheel against a fixed limb or head may strip-off almost the entire tissue down to the bone. When the wheel passes over the abdomen or pelvis, multiple parallel striae or shallow lacerations may result owing to the ripping tension in the skin (tyre tread marks) (Fig.6). These marks are helpful in identifying the offending vehicle in case of a hit and run case."
Therefore from the above, it is evident that in case a person is run over by two left side of the wheels of the tractor then there ought to have been some external injury, which in the present case are none; besides, it has not been put to the doctor by the prosecution that the death of Shamsher Singh could have been caused as a result of the tractor being run over. No opinion in this regard was obtained. The tractor in question was admittedly taken in possession by the police and was outside the Court when witnesses were examined as is apparent from the deposition of Raj Kumar SI/SHO (PW-8). However, it was not put to the doctor that the death could have occurred after the tractor that had been taken in possession by the Police had run over Shamsher Singh. Dr. Balwinder Singh Multani (PW-7) only says that according to the police the death had occurred after the tractor had run over Amit Khanchi 2014.01.30 14:43 I attest to the accuracy and integrity of this document High Court,Chandigarh Crl. Appeal No.277-DB of 2006 -22- Shamsher Singh. He himself has given no opinion in this regard that the death could be caused due to the tractor being run over on the person of Shamsher Singh. According to him, the death is due to fracture of ribs with haemothorax which has already been considered above. In cross-examination, it is stated by Darbara Singh (PW-1), it was incorrect to suggest that his brother Shamsher Singh was returning to his village at about 8.00 pm on that date or that the front fork (Chimta) of the cycle gave way after striking in a ditch or that as a result of the same he received injuries on his chest and due to old age suffered fracture of the ribs. It is also stated as incorrect to suggest that taking advantage of the situation and due to hostile relations with the accused as a result of party faction they had falsely implicated the accused in this case. It is also stated as incorrect that no such incident had taken place. Therefore, it was put by way of defence that the front fork (chimta) of the bicycle which Shamsher Singh was riding gave way and after striking in a ditch he received injuries on his chest and due to old age he suffered fracture of ribs. Such injuries could have been caused according to Dr. Balwinder Singh Multani (PW-7). Such injuries may not have been caused in the manner as have been put by the defence. However, the death indeed did not occur due to the tractor running over the person of Shamsher Singh as there are admittedly no injuries on the person of Shamsher Singh and it is difficult to comprehend that a person of 65 years of age would not suffer any injuries of the kind as mentioned in Amit Khanchi a case tractor runs over him.
2014.01.30 14:43I attest to the accuracy and integrity of this document High Court,Chandigarh Crl. Appeal No.277-DB of 2006 -23-
It may also be noticed that the house of the appellants and the complainant are opposite each other with common street dividing there. A perusal of the site plan (Ex.PB) drawn by the Investigating Officer shows that there is a drain on both sides of the street i.e. in front of the house of the complainant side as well as on the houses of the accused appellants. Mark 'A' is the place shown in the site plan (Ex.PB) where deceased Shamsher Singh was cleaning the drain and was run over by the tractor. The drain is shown from the north to the south in front of the house. The drain is of dirty water. Therefore, in case there was a drain in front of the house of Shamsher Singh (deceased) then it is difficult to understand as to why he was digging the drain across the main street for the flow of dirty water. Even in the site plan (Ex.PW-5/A) drawn by Om Parkash (PW-5) drain is shown in front of the houses of Shamsher Singh as also Hakikat Singh (appellant No.1) and Harbans Singh (appellant No.3). Therefore, this aspect of the prosecution case that Shamsher Singh died after he was preventing from digging the drain across the road does not inspire confidence and thus create a reasonable doubt.
It may also be noticed that it has come in the deposition of Darbara Singh complainant (PW-1) and Narinder Kaur (PW-2) that they had given an application to the Deputy Superintendent of Police mentioning that others namely Harjinder Singh son of Teja Singh, Harjit Singh son of Sant Singh and Sher Singh son of Gurcharan Singh were also accused in the case. The matter was investigated Amit Khanchi 2014.01.30 14:43 I attest to the accuracy and integrity of this document High Court,Chandigarh Crl. Appeal No.277-DB of 2006 -24- by DSP in this regard. Narinder Kaur (PW-2) has also stated in her cross-examination that Paramjit Singh (appellant No.2) had run over the tractor on the body of her father in law; besides, her husband had filed an application that Harjinder Singh son of Teja Singh, Harjit Singh son of Sant Singh and Sher Singh son of Gurcharan Singh be also included as accused in this case. She did not make any statement in this regard as the said persons were not present at the spot. Therefore, when others were sought to be implicated who were not even named as accused the possibility of the appellants being involved is also highly doubtful.
The contention of the learned State counsel that the medical evidence is only corroborative in nature is quite correct but there ought to be at least some semblance between the cause of death and the nature of allegations which resulted in the death. In the present case the death is attributed due to the tractor being run over the person of Shamsher Singh. However, the medical evidence completely rules out such possibility. Therefore, in the facts and circumstances, it would be just and expedient that a benefit of doubt is given to the appellants and they are acquitted of the offences attributed to them.
Consequently, the appeal is allowed and judgment and order of the learned trial Court are set aside and the appellants No.1 and 2 are acquitted of the offences attributed to them. Appellant No.3 Harbans Singh has died and the appeal as against him stands abated in terms of Section 394 Cr.P.C. Hakikat Singh and Paramjit Amit Khanchi 2014.01.30 14:43 I attest to the accuracy and integrity of this document High Court,Chandigarh Crl. Appeal No.277-DB of 2006 -25- Singh (appellants No.1 and 2) are already on bail and the bail bonds furnished by them shall stands discharged.
(S. S. Saron) Judge (S.P. Bangarh) Judge 4.9.2012 A.Kaundal/amit Amit Khanchi 2014.01.30 14:43 I attest to the accuracy and integrity of this document High Court,Chandigarh