Punjab-Haryana High Court
Gurmeet Singh Sodhi Son Of S. Ram Singh vs The State Of Haryana on 18 January, 2011
Author: Ranjan Gogoi
Bench: Ranjan Gogoi
Crl. Appeal No.479-DB of 2002 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Crl. Appeal No.479-DB of 2002
Date of decision: 18.01.2011
Gurmeet Singh Sodhi son of S. Ram Singh, Police Inspector (Retd.),
resident of Sirsa, Tehsil and District Sirsa, currently resident of
Ludhiana (Punjab).
...Appellant
Versus
The State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE RANJAN GOGOI
HON'BLE MR. JUSTICE AJAY TEWARI
-.-
Present: Mr. Deepinder Brar, Advocate
for the appellant.
Mr. A.K. Gupta, Additional Advocate General, Haryana
for the respondent.
AJAY TEWARI, J.
This appeal is directed against the judgment and order dated 01.06.2002 passed by learned Additional Sessions Judge, Sirsa by which the accused-appellant had been convicted under Sections 364, 302 and 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of three years and to Crl. Appeal No.479-DB of 2002 -2- pay a fine of Rs.1000/-, and further sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/-, and further sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.500/- respectively, in default of payment of fine, to suffer rigorous imprisonment for six months more. All the sentences have been directed to run concurrently.
The case of the prosecution in short is that a private complaint was filed by Sh. Dhanna Singh son of Sh. Karnail Singh in the Court of the area Magistrate with the prayer to take penal action against Gurmeet Singh Sodhi, Police Inspector, Incharge of Police Station, City Dabwali, District Sirsa (accused-appellant) on the allegations that his brother Mithu Singh (deceased) was murdered by him. According to the prosecution Mithu Singh (deceased) was working as a J.E. with the Punjab State Electricity Board in the State of Haryana. According to the prosecution, Mithu Singh (deceased) and his wife Smt. Paramjit Kaur had quarreled on April 01, 1991 and she left the house and returned to her parental home alongwith the children. Further, according to prosecution, complainant and his brother Mithu Singh (deceased) had visited at Village Neelanwali on April 5, 1991 with the intention to resolve the matter and to bring her back. However, her father Shri Hargobind Singh (PW-4) did not take the entire episode lightly and entered into a duel with the two brothers. Complainant Dhanna Singh lost his patience and gave a couple of blows to PW-4 at about 8.00 P.M. and while PW-4 and his son caught the complainant (PW-2), Mithu Singh (deceased) slipped Crl. Appeal No.479-DB of 2002 -3- away from there. Complainant Dhanna Singh was handed over to the police at Police Station, Sadar Dabwali for penal action. According to the prosecution, the relatives on both the sides became active in the meanwhile for striking compromise between Mithu Singh (deceased) and his wife Smt. Paramjit Kaur and also for pacifying Sh. Hargobind Singh (PW-4) and due to their intervention the matter had been settled between both the parties. It is the further case of the prosecution that when Mithu Singh (deceased) walked out of the premises of Police Station, Sadar Dabwali at about 4.00 P.M. on 8.4.1991 alongwith his relatives, Gurmeet Singh Sodhi, then Inspector, Incharge of Police Station, City Dabwali (accused- appellant) arrived with sizeable police force in his official jeep and enquired about the identity of complainant S. Dhanna Singh and Mithu Singh (deceased). He put both of them in the jeep and drove down to the premises of Police Station, City Dabwali. All the members of the Panchayat followed the two brothers to the Police Station and pleaded with the Police Inspector to set them free but the Police Inspector insisted on retaining their custody on the basis of some message received from Police Station, Sangria of District Gaganagar in the State of Rajasthan where a couple of terrorists had been shot dead in a Police encounter and a card had been recovered from the pocket of one of the slain terrorists which carried the name and other details of Mithu Singh. The accused-appellant took Mithu Singh to Police Station Sangria on the following of April 09, 1991. The Incharge of Police Station and the area Deputy Superintendent Crl. Appeal No.479-DB of 2002 -4- of Police were present there then. They showed the said identity card to Mithu Singh (deceased) which carried the photograph of a Sikh youth alongwith the complete address of Mithu Singh, J.E. Since the photograph was of some person other than Mithu Singh (deceased), the D.S.P. insisted on interviewing some respectables of Village Jandwala Sikhan and all the members of the body of respectables vouched for Mithu Singh who was then allowed to go by the D.S.P. According to the prosecution, the Sangria police was convinced that Mithu Singh, J.E. (deceased) was an innocent man in the matter, however, accused-appellant insisted on retaining the custody of Mithu Singh for further interrogation. He returned to Police Station, City Dabwali on the same day and both the brothers were beaten up by the police during the night in order to extract information from them about the terrorist activities in the area. Mithu Singh was given beatings with a stick by the accused-appellant at about 10.00 P.M. and he continued writhing in pain. Further, according to the complainant, he enquired about the well being of his brother on the next morning of April, 10, 1991 but he was told that Mithu Singh had been taken away by the Sangria Police for further interrogation. He was directed by the accused-appellant to proceed straight to village Jandwala Sikhan but he had doubt in his mind that his brother must have been killed by the accused-appellant. PW-4 (father-in-law of the deceased) had informed the family of Mithu Singh that he received a message from Sh. Dyal Singh, SDO, Punjab State Electricity Board, Dabwali at about 3.30 P.M. that the dead Crl. Appeal No.479-DB of 2002 -5- body of Mithu Singh had been seen lying in the vicinity of Setia Paper Mills at Muktsar. According to the prosecution, the local police was cognizant of the matter and the legal proceedings were in progress. Further enquiries revealed that autopsy was conducted on the dead body which was cosigned to flames at Muktsar for want of identification and claim. It was established from the photograph taken before the body was removed from the spot and from possession like turban, wearing apparel and shoes etc. that the unclaimed body was of Mithu Singh, J.E. Complainant has definite reasons to believe that accused Gurmeet Singh Sodhi, then Inspector Incharge of Police Station, City Dabwali had tortured his brother Mithu Singh to death. According to the prosecution, the family of Mithu Singh (deceased) demanded legal action against the accused-appellant but the Police Officer was shielding the culprit and thus the complainant filed a complaint dated 31.05.1991 before the area Magistrate.
On the basis of complaint made by PW-2 investigation was taken up on completion of which the accused-appellant was charge-sheeted under Sections 364, 302 and 201 of the Indian Penal Code for committing the murder of Mithu Singh, J.E. to which he pleaded not guilty and claimed to be tried. The offence alleged being exclusively triable by the Court of Sessions, the case was committed for trial to the Court of learned Sessions Judge, Sirsa.
In the course of the trial as many as 10 prosecution witnesses were examined. The accused-appellant was examined Crl. Appeal No.479-DB of 2002 -6- under Section 313 Cr.P.C. in the course of which he took the plea of being falsely implicated in the offence alleged and made a statement that he is innocent. The defence evidence was concluded by the accused-appellant. Thereafter, at the conclusion of the trial the learned trial Court, on due consideration of the evidence and materials on record, convicted the present accused-appellant by passing the impugned judgment and order which has been assailed in the present appeal.
Of the several witnesses examined by the prosecution specific notice of the evidence of PW9, Dr. S.K. Jagga, who had per- formed the post-mortem of the deceased; the evidence of PW2 as the first informant, the evidence of PW4, father-in-law of the de- ceased, PW5, Sukhdev Singh r/o Jandwala Sekhan and the evi- dence of PW10, will be required to be taken.
The injuries found by PW9, Dr. S.K. Jagga, in the post- mortem of the deceased are as follows:-
1. "Ligature marks present on both the arms (Upper) 4 cms broad and 13 cms from the top of the shoulder on both the sides. Both the shoulder were dislocated free movements were present.
2. Abrasion 3/4 cms half cm on the root of the little finger on the dorsal aspect of right hand.
2.A A Ligature mark around the neck with reddish contusion 4 cms broad and going from one side to the other side transversely just on the thyroid cartilage, Harmages spots and Ecchymosis present on the mini parts of both the sides of the neck.
Neck movement free and cervical vertibara broken Crl. Appeal No.479-DB of 2002 -7- in upper part. On dissection, the under lying muscles offused with dark blood stained. Cricoid cartilage and hyoid bone were fradtured. Muscles of the neck were suffused with the dark blood.
Fracture of thyroid cartilage upper part also present.
3. Reddish blue contusion 11 cms x 9 cms on the back of right scapular region.
4. Reddish blue contusion 15 cms x 10 cms on the back of left scapular region.
5. Reddish contusion 8 cms x4 cms on the right side of fore-head just above the right eye brow oblique in direction, 2 cms from the mid line. On dissection, 2 cms from the mid line. On dissection, the muscle effused with dark blood and on further dissection, the brain found congested alongwith both vein and arteries. The brain matter was soft.
6. Reddish blue contusion 2 ½ cms x 1 ½ cm on the right cheek, 1 cm below the lower eye lid.
7. Abrasion 3 ½ cms x 2 ½ cms on the left and the lower part of chest. On dissection, lower two ribs were fractured.
8. Abrasion 2 cms x 1 cm on the left and the lower part of the chest, 10 cms from the mid line and 15 cms above the umbilicus and was 20 cms below the left nipple.
9. Reddish blue contusion 40 cms x 9 cms on the back of chest and lumber region on the left side going upto iliac crest.
10. Reddish blue contusion 28 cms x 9 cms on the back side of chest and lumber region in the mid line and 31 cms below the posterior hari line and going downwards. On dissection, spines of lumber region vertibra and its middle part were fractured.
Crl. Appeal No.479-DB of 2002 -8-
11. Reddish black contusion 12 cms x 10 cms on the front and middle part of left thigh. Head of femur was dislocated on both the sides.
12. Ligature marks on the back of left and right side of thigh, transverse in direction, 6 cms below the inguinal line on both sides.
13. Reddish blue contusion 35 cms x 10 cms on the back of left thigh and upper part of back of left leg, 24 cms above the right ankle.
14. Reddish contusion blue in colur 34 cms x 10 cms on the back of right thigh and upper part of back on right leg, 24 cms above the right ankle.
15. Abrasion 5 cms x 3 cms on the front of right leg in its middle.
16. Reddish blue contusion on the front and upper part of left leg, 4 ½ cms x 3 cms and was 10 cms below the left knee.
17. Multiple abrasion in an area of 10 cms x 6 cms varying in size from 1 cms x ½ cms to 3 cms x ½ cm on the front and dorsal aspect of right foot, 4 cms below the right ankle joint.
18. Abrasion 3 ½ cms x 2 ½ cms on the left side of abdomen, 4 cms below the lowest rib."
According to PW9, the cause of death was on account of the strangulation and injuries suffered by the deceased which was sufficient in the normal course to cause death.
PW2, complainant/first informant is the author of the first information report. His deposition was to the effect that his brother namely Mithu Singh (deceased) was a Junior Engineer in Punjab State Electricity Board and was posted at Mandi Dabwali. He was Crl. Appeal No.479-DB of 2002 -9- married to Paramjit Kaur with whom at one point of time he developed a quarrel as a result whereof she came to her parental house on 01.04.1991. He further deposed that on 05.04.1991 when he and the deceased came to village Neelanwali in order to bring back Paramjit Kaur an altercation developed between the duo and Hargobind Singh her father wherein in a fit of anger he injured the latter. He further deposed that consequently he was got arrested by the local Police whereas his deceased brother managed to escape therefrom. He further deposed that on 08.04.1991 the matter was compromised between the parties before the SHO, Police Station Sadar Dabwali with the intervention of respectables of the village Mattdadu. He further deposed that, at the relevant time, Mithu Singh, deceased was also present there. Thereafter, on 08.04.1991 at about 4.00 PM when Mithu Singh, deceased alongwith the complainant and the respectables was about to leave the Police Station, the accused/appellant arrived there and sought their (Dhanna Singh's and Mithu Singh's) custody for interrogation with regard to their involvement in terrorist activities as an identity card though bearing the name of Mithu Singh but carrying the photograph of some other person was recovered from a slained militant. Consequently, both the brothers were taken to Police Station City Dabwali. He further deposed that on 09.04.1991, Mithu Singh, deceased was taken to Police Station, Sangria by the accused, where after detailed interrogation he was allowed to leave by the then Investigating Officer. However, the accused was bent on retaining the custody of Crl. Appeal No.479-DB of 2002 -10- Mithu Singh as a result whereof he was taken back to the Police Station City Dabwali where he was given severe beatings by the accused. He further deposed that he too was given beatings during the course of his illegal confinement in the Police lock up. He further deposed that on 10.04.1991, he was informed that his brother Mithu Singh had been taken back to Police Station, Sangria where he apprehended his elimination at the hands of the accused.
PW4, the father-in-law of the deceased who deposed to the effect that he got a telephonic information from Dayal Singh to the effect that the dead body of an unidentified person was found lying near Setia Paper Mill which later proved to be that of the deceased namely Mithu Singh.
PW5, an agriculturist, had deposed that he alongwith the father of the deceased and other persons had gone to Sangeria Police Station and identified Mithu Singh and also explained them that Mithu Singh was working as J.E. and he was definitely not a man of questionable character or antecedents. According to PW5, Mithu Singh was interrogated in his presence for one hour and no writing work was done either by Rajasthan police or Haryana police. He further deposed that Sangeria Police told SHO Gurmeet Singh Sodhi (accussed-appellant) that they did not require the presence of Mithu Singh at all and told him to let Mithu Singh go. However, the accused-appellant insisted on retaining the custody of Mithu Singh and then took him away to Dabwali. He further deposed that then he alongwith Dhanna Singh went to Dabwali Police Station and they told Crl. Appeal No.479-DB of 2002 -11- them that the deceased had been again taken away by Sangeria Police but from Sangeria Police Station they came to know that police of Sangeria did not take away the deceased as they did not require the presence of the deceased any more and they returned from Sangeria by 3.00 P.M. At about 4.30 P.M. it was informed by some employees of the Electricity Board that Mithu Singh had been killed and dead body had been thrown away near Muktsar which was already seized by the police. He further deposed that they reached Muktsar by 6.30 P.M. and they were told that the last rites of the dead body had already been performed. However, when they approached the police man they had not recorded their report. They were also shown the clothes of the deceased by the police.
PW10, Sub Inspector is the Investigating Officer of the case. He prepared the inquest report Ex.PE. A perual of the autopsy report shows that there were as many as 18 injuries on the dead body including the ligature marks around the neck, arms and thighs PW10 did not record any visible mark of injury in the inquest report.
Learned Counsel for the accused-appellant has strenu- ously urged that apart from the evidence of PW2 there is no direct evidence and, if the evidence of PW2 is disregarded the circum- stances brought out by the prosecution do not justify the conviction of the accused-appellant, since all of them taken together do not lead to the inevitable conclusion that the accused-appellant was guilty of murder. As regards the testimony of PW2, learned counsel has ar- Crl. Appeal No.479-DB of 2002 -12- gued that in the original statement of PW4 it was only mentioned that Mithu Singh had been picked up but later, on picking up of Dhanna Singh was subsequently added to pad the case and to show that it was a case of direct evidence.
The arguments advanced on behalf of the accused- appellant have been controverted by learned Additional Advocate General, Haryana who has contended that there is no reason to disbelieve the facts narrated by PW2 as the version unfolded by the said witness has not been proved to be in any way inconsistent or unacceptable. He has argued that the evidence of PW2 has been corroborated by the direct evidence of PW5 which would go to prove that the accused-appellant took away the deceased from the Sangeria Police Station. Learned Counsel for the respondent has also pointed out that the evidence of PW2 is corroborated by the medical evidence on record which is further fortified by the recovery of clothes and shoes of the deceased and the opinion of Dr. S.K. Jagga that the injuries found on the deceased was sufficient in the normal course to cause death. Learned Counsel has also submitted that it is the quality of the evidence that is material and that in the present case the prosecution had proved its case on the basis of the testimony of PW2. It was, therefore, not necessary on the part of the prosecution to examine any further witness.
The rival contentions advanced by learned Counsel for the parties have received our due and anxious consideration. As regards the arguments in the original statement it was not mentioned Crl. Appeal No.479-DB of 2002 -13- that Dhanna Singh was not picked up, the same has to be taken with the pinch of salt. The present is a case where the mutilated dead body of the deceased Mithu Singh was discovered at a far off place. The time was also such that due to disturbance in Punjab the Police had vast overriding powers. Even in the present case, in the inquest report, none of the 18 severe injuries which had been suffered by the deceased even mentioned thus making it reasonably clear that the inquest report was not entirely truthful. In the circumstances, this alleged omission cannot be held to derail the entire case of the prosecution.
We have also considered the evidence of PW2 as well as the evidence of PW9. The version narrated by PW2 is clear, consistent and unambiguous and has not been put to any kind of doubt by the cross examination made by the defence. PW2 has given a vivid description of the assault committed by the accused- appellant with the stick on the different parts of the body of the deceased and had further stated that the deceased was throttled by the accussed-appellant. Not only the evidence of PW2 is free from any doubt or ambiguity, the version unfolded by the said witness has been corroborated by the medical evidence on record i.e. the evidence of PW9. The defence though had taken up a specific stand in the statement recorded under Section 313 Cr.P.C. had not been able to substantiate the said plea in any manner whatsoever. We are, therefore, inclined to hold that in the present case the testimony of PW2 which is corroborated by the evidence tendered by PW5 & Crl. Appeal No.479-DB of 2002 -14- PW9, constitutes a safe and sufficient basis to determine the culpability of the accused-appellant for the offence alleged against him.
The totality of the evidence proved by the prosecution in the present case, in our considered view, squarely establishes the involvement of the accused-appellant in the commission of the alleged crime. The net result of the above discussion would lead us to the conclusion that the conviction of the accused under Sections 364, 302 and 201 of the Indian Penal Code have been rightly made by the learned trial Court. We, therefore, affirm the aforesaid conviction as well as the sentence imposed and dismiss the appeal.
( RANJAN GOGOI )
JUDGE
( AJAY TEWARI )
January 18, 2011 JUDGE
ashish