Himachal Pradesh High Court
Sohan Lal vs State Of H.P on 23 May, 2016
Bench: Rajiv Sharma, Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Criminal Appeal No. 69 of 2016 Reserved on: 11.05.2016 .
Date of judgment: 23.05.2016 _____________________________________________________ Sohan Lal ...... Appellant.
Versus
State of H.P. ...... Respondent.
of
__________________________________________________ Coram:
rt The Hon'ble Mr. Justice Rajiv Sharma, Judge.
The Hon'ble Mr. Justice Chander Bhusan Barowalia,Judge.
1 Whether approved for reporting? Yes.
_______________________________________________ For the appellant: Mr. Virender Singh Rathore, Advocate.
For the respondent: Mr. Parmod Thakur, Additional Advocate General.
Chander Bhusan Barowalia, Judge.
The present appeal is maintained by the appellant against the judgment of conviction and sentence 1 Whether reporters of Local Papers may be allowed to see the judgment?
::: Downloaded on - 15/04/2017 20:25:19 :::HCHP 2dated 12.5.2009, passed by the learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, H.P. in Sessions Trial No.03 of 2007, dated 15.02.2007, whereby .
the appellant has been convicted for offences punishable under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/- and in default of fine, to further undergo of simple imprisonment for a period of two years.
2. Briefly stating the facts giving rise to the present appeal are rt that as per the prosecution story, the appellant/accused (hereinafter called as the 'accused person' ) had married Smt. Meem Devi PW2 in the year 1993-94. After her marriage with the accused person she gave birth to one son and one daughter. Thereafter, the accused person started neglecting to maintain PW2 and her children and also sold her jewellery. When PW-2 was finding it difficult to maintain herself and her children, the accused person proposed the marriage of PW2 with his younger brother Shukru Ram, (hereinafter called 'the deceased' ). The proposal was put by PW2 to her parents and her father PW1 and the wife of PW1 agreed for joint marriage of their daughter with the accused person and the ::: Downloaded on - 15/04/2017 20:25:19 :::HCHP 3 deceased as per the local customs. Polyandry is in vogue in some parts of the Kinnaur District from where PW1, PW2, deceased and the accused person hail. Accordingly, PW2 .
had been married with the deceased (Shukru Ram) in the year 2001 and she became joint wife of the accused person and the deceased. PW2 gave birth to one daughter out of her union with the deceased. However, the accused person of after marriage of PW2 with the deceased who was the real younger brother of the accused person started entertaining ill-will against PW2 and the deceased. The accused person rt wanted PW2 to reside exclusively with him. PW2 could not afford to do so since it was the accused person, who had married her with his younger brother as well. In August, 2006, the deceased visited the house of PW1. Deceased had done wood work at the house of PW1. During the month of September, precisely on 12.9.2006, when local village fair Fulech was celebrated in Kinnaur District, the accused person left for the house of PW1. PW2 also reached the house of her father PW1, on 15.9.2006.
3. On 16.9.2006, PW1 and other members of the family and accused person left for Kanda (higher hills) for celebrating the festival. PW2 and her second husband, ::: Downloaded on - 15/04/2017 20:25:19 :::HCHP 4 deceased had stayed back. On 17.9.2006, at night the accused person left Kanda and reached the house of PW1 at about 3.00 AM, at that time the accused person found .
PW2 sleeping with the deceased and on seeing so, the accused person had picked up quarrel and resultantly the deceased has left the room and had gone to sleep in the next room. The accused person, thereafter, maltreated of PW2. Dara Singh who appeared as PW4, is son of PW1.
PW4, accused person and the deceased had taken liquor.
Thereafter they started dancing with their women folk and rt took dinner. The dance party had ended at about 2.00 AM on 23.9.2006. PW1 and his wife had retired in a bed in a separate room. PW2 had gone to sleep with her parents.
PW4 and his wife slept in separate room. The accused and the deceased has slept in the drawing room where the dance party had been held.
4. At about 5-6 AM, on 23.9.2006, when PW1 woke up, he found the door of his room closed from outside.
PW1 had stepped out of the house through roof.
Thereafter, found the room of the accused person and the deceased closed from outside. On opening the room, PW1 found deceased Shukru Ram the real younger brother of ::: Downloaded on - 15/04/2017 20:25:19 :::HCHP 5 the accused person lying dead in a pool of blood. The accused person was not found. The dead body was laid with head towards the kitchen. PW1 closed the door and .
had rushed to inform PW8 Ram Devi, PW8, who is the Ward Member of Gram Panchayat Ribba and he also reported the matter to Vijay Kumar PW17, who was the Incharge of Police Post, Moorang. PW17 recorded the of report No.23, copy Ext. PW-13/A in the daily diary of Police Post Moorang at 7.15 A.M. and sent copy of the report to Police Station, Pooh for registration of FIR.
rt Ramesh Kumar, PW15 MHC, P.S. Pooh, on receipt of the report No.23 registered FIR Ext.PW15/A1. PW16 Sh. Lekh Ram, ASI/SHO, Police Station, Pooh along with the police officials rushed to village Ribba and after reaching Ribba, PW16 alongwith his official carried out the spot inspection and local investigations. The Adz Ext.P1 stained with blood was noticed near the dead body of Shukru Ram and the same was taken into possession vide recovery memo Ext.PW3/D. Jacket Ext.P2 of the accused person was also in the room.
The same was also taken into possession vide recovery memo Ext.PW3/A. PW15 had also taken into possession the broken bangles Ext.P3 and a piece of locket (Ting) ::: Downloaded on - 15/04/2017 20:25:19 :::HCHP 6 Ext.P4 vide recovery memo Ext.PW3/B. PW 16 had also taken into possession blood Ext.P6 from the place where the dead body of Shukru Ram was lying in the room vide .
recovery memo Ext.PW3/C. The hairs Ext. P5 around the dead body were also taken into possession. Ext. P1 to Ext.P6 were sealed in the presence of the witnesses. The dead body was taken into possession and the same was of sent for Post Mortem. For performing of the autopsy application Ext.PW6/A was made. The inquest form Ext.PW16/F was up-dated by PW16.
rt The message was sent to the Police Stations, Reckong Peo and Bhabanagar about the murder of the deceased by the accused as the accused person was suspected to have left for Bhabanagar/Rampur.
5. PW17 Hari Dutt had been on way in a bus from his village Ribba to Rampur on 23.9.2006, when PW7 had reached at Tapri, one Vinod Kumar had met him. He had informed PW7 about the murder of the deceased by the accused person as Vinod Kumar was in search of the accused person. PW7 had noticed the accused person boarding a bus at Wangtoo. The accused person was stated to have got down from the bus at some distance from ::: Downloaded on - 15/04/2017 20:25:19 :::HCHP 7 Wangtoo. PW7 had also got down from the bus after covering some distance. Thereafter PW7 boarded bus of Usha Coach and found accused person sitting in the said .
bus. Thereafter, PW7 caught hold of the accused person and informed Vinod Kumar. The accused person was directed to get out of the bus by the police at Forest Check Post, Bhabanagar. The accused person had been wearing of T-shirt which was smeared with blood. PW7 asked the accused person as to why he had run after committing the murder of his brother. PW17 Vijay Kumar had arrested the rt accused person on 23.9.2006, in the evening and the accused was sent for medical examination.
6. PW6 Dr. Rajinder Kumar, Medical Officer, Regional Hospital, Reckong Peo has stated that on 23.9.2006 at 3.30 PM he conducted autopsy on the dead body of the deceased Shukru Ram and he opined that death is due to ante-mortem multiple injuries to head, face and arm. The probable time between the injuries and death was within 6 hours and probable time between death and post-mortem was between 12 to 18 hours. He prepared post mortem report Ext.PW6/B. PW6 had found multiple injuries on the person of accused person. The ::: Downloaded on - 15/04/2017 20:25:19 :::HCHP 8 sample of blood and clothes of the deceased, the clothes of the accused and Adz Ext. P1 had been sent for chemical analysis and the Chemical Examiner had found human .
blood of Group A on the clothes of the deceased and T-shirt of the accused person human blood of A group was found on the Adz Ext.P1. There was human blood on the trousers of the accused person but the blood group could not be of determined after completion of investigations. SHO Police Station, Pooh had prepared the challan and the same was presented before the Court.
rt
7. We have heard the learned counsel for the parties and have gone through the record in detail.
8. To prove its case, the prosecution examined as many as 18 witnesses and the statement of accused was recorded under Section 313 Cr.P.C., wherein the accused denied the prosecution case and claimed innocence. No defense was led by the accused.
9. PW1 Ram Sain stated that the accused Sohan Lal was his son-in-law. His daughter was kidnapped by the accused and thereafter marriage was solemnized about 13-14 years ago and they had two children. Thereafter, the ::: Downloaded on - 15/04/2017 20:25:19 :::HCHP 9 accused got married her with his younger brother Shukru Ram. She had one daughter from Shukru Ram. There was a fair of Fulech in their village. Shukru Ram had come to .
his house on 15.8.2006 and stayed there. He worked as a mason at his house. The accused came on 12.9.2006. His daughter Meem Devi came on 15.9.2006. On 15.9.2006, Shukru Ram and his son Dara Singh and he himself went of to Kanda and constructed a shed there and in the evening they came back. On 16.9.2006, they went to Kanda with Sohan Lal and his son Dara Singh and other members of rt the family except Shukru and Meem Devi , who remained in the house. During night Sohan Lal came to his house.
On the next day, Shukru Ram, Meem Devi and Sohan Lal all came to Kanda to celebrate the fair and remained there upto 21.9.2006 and then came back to his house on 21.9.2006. On 22.9.2006, he and the accused went to the house of Zimidar for doing some wooden work and when they came in the evening his wife, Meem Devi and Shukru Ram were at the house of Ramayan Singh, as guests in village Ribba and they came back to home in the evening at 8.00 p.m. They sat in the drawing room, took meal and also sang. PW-2 Meem Devi and Shukru Ram inquired ::: Downloaded on - 15/04/2017 20:25:19 :::HCHP 10 from Sohan Lal about the ornament Dhaglu and Sohan Lal told that he will give it as he has kept it somewhere. The ornament was given by him to his daughter. He deposed .
that he slept in a room with his daughter and wife. Shukru Ram and Sohan Lal was sleeping in the drawing room where they were dancing and had their meal. When he woke up at 5.30 a.m. and saw that the door of his room of was found closed from outside, when he opened the door of drawing room and found the dead body of Shukru Ram lying in a way that his two legs were towards kitchen and rt bath room and his remaining body was towards the drawing room. Blood was oozing from his head and one Basola was lying there. There was blood on the Basola. He found that Sohan Lal was not there and he called the member of the Panchayat and she went to Police Post, Moorang and made a report there. The copy of report is Mark PA. Police came there and Pradhan and Up-Pradhan also came there. The Police took into possession the blood stained Basola and blood, one locket (Ting) of Shukru Ram and one broken bangle from the spot. The bangle was of his daughter-in-law, which was broken in the Mela. The Jacket of Sohan Lal was also lying there. The police sealed ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 11 all the articles and prepared memos and obtained the signatures of the witnesses Chander Gopal and Naveen Kumar. The dead body was taken by the police to hospital .
for post-mortem. The motive of the murder may be marriage of Shukru with Meem Devi. He deposed that he had suspicion on Sohan Lal, as he had fled away on that day. The sealed parcels were opened and the seals were of found intact. The witnesses identified the Basola Ext. P1 which was taken into possession from the spot on the day of incident. The sealed parcel containing jacket of Sohan rt Lal was also found and the seals were intact. Another sealed parcel containing the broken bangles was opened and its seals were intact. The parcel containing blood and hair in a plastic envelope Ext. P5 and Ext. P6 was opened of which the seals found intact. The Investigating Officer prepared the Khakha of the Basola Ext. PW1/B on the spot. The dead body after post-mortem was handed over to him vide memo. Ext.PW1/C. In cross-examination, he has admitted that Sohan Lal had married Shukru Ram with Meem Devi, as joint wife with his consent and also that he had been going outside their village for work also. He denied that the agreements Ext. PB to PF were prepared ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 12 because Meem Devi did not have good relation with Shukru. He admitted that he had been working with him as Carpenter. His house is three storeyed. There was no .
other member in his house except his daughter-in-law and her husband and the accused and his brother and his daughters. He also admitted that he had taken liquor during the night and that the locket (Ting) is generally used of by girls, but now boys also wear it. He denied that after he slept, there was quarrel between his daughter and Shukru Ram and due to that reason, her bangle was broken.
rt He also denied that on that night Shukru Ram was sleeping in the room of his son Vidya Singh. He admitted that in the drawing room on the next day, only the bed was lying scattered and Basola was there and the remaining articles were in their places. He also admitted that Shukru Ram was hale and hearty and was having good physique and Sohan Lal is also of good physique. He denied that any person cries in the drawing room then the voice is audible in his room and other rooms. He also denied that there was a scuffle between accused and his daughter Meem Devi and in that scuffle Shukru Ram was hit by Meem Devi and so Shukru Ram died.
::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 139. PW1 Ram Sain, complainant had further stated that he had married his daughter Smt. Meem Devi (PW-2) to the accused person sometimes in the year 1993-1994.
.
After her marriage, she had started residing with the accused person. Later on PW2 was married to the younger brother of the accused person. The accused person and his younger brother as also their joint wife had visited PW1 on of the occasion of Fulech festival in the year 2006, in the evening PW1 and his son Dara Singh (PW4) as also the rt accused person and Shukru Ram and accused had taken liquor. After taking food, PW1 and the members of his family had been dancing. The accused person and his younger brother as also their joint wife had also been dancing. The dance party had ended at about 2.00 AM on 23.9.2006, PW1 and his wife as also their daughter Meem Devi had slept in a separate room. PW4 and his wife had slept in separate room. The accused person and his younger brother Shukru Ram and accused had slept in the drawing room where the dance party had been held. At about 5-6 A.M. on 23.9.2006, PW1 had got up and had found door of his room bolted from outside. PW1 had gone up and had stepped out of the room through roof only and ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 14 found the door of the drawing room closed from outside.
PW1 had opened the door and had found the dead body of Shukru Ram in a pool of blood. The accused person was .
no where to be found. PW1 had informed other members of his family and had rushed to the house of PW8 Ward Member. PW1 and PW8 had rushed to P.P. Moorang and had instituted report No.23, copy Ext. PW13/A. PW17 of Vijay Kumar, ASI, Incharge, Police Post, Moorang as also the SHO had reached the house of PW1. The police had taken into possession Ext.P1 to Ext.P6 vide recovery memo rt Ext. PW3/A, Ext.PW3/B, Ext. PW3/C and Ext.PW3/D. These items had been sealed. The police had taken into possession the dead body and had sent the same for autopsy. Ext. PW1/B is sketch of the Adz Ext P1. PW2 Meem Devi had supported the prosecution case. She had tendered in evidence copies Ext.PB. Ext. PC, Ext. PD. Ext.
PE and Ext. PF of marriage deeds. PW3 Naveen Kumar is witness of recovery of Ext. P1 to Ext. P6 vide documents Ext. PW3/A to Ext PW3/D. PW4 Dara Singh had endorsed and supported the evidence of PW1, PW5 Vidya Chand had stated that on 23.9.2006, he had been working as driver of a bus catering Reckong Peo- Nichar route. The accused ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 15 person had boarded the bus driven by him at Wangtu. He wanted a ticket for Rampur. The bus conductor had informed the accused person that the bus had been on way .
to Nichar and not to Rampur. The accused person was issued ticket for Bhabanagar. After covering some distance, another bus had stopped near the bus of PW5.
One passenger had stepped out of another bus and had of entered the bus of PW5. The said passenger had caught hold of the accused person. The accused person was proclaimed having committed murder and had been on rt run. The police had asked the accused person to step out of the bus near Check Post, Bhabanagar. PW6 Dr. Rajinder Kumar had conducted autopsy on the dead body of Shukru Ram. PW6 had also medically examined the accused person. PW7 Hari Dutt had noticed the accused person in a bus on way to Rampur. However, the accused person had got down near Wangtoo and had boarded another bus.
PW7 had also got down and had boarded another bus. The accused person was noticed traveling in another bus and was caught hold of by PW7. The accused person had been detained by the police at Forest Check Post, Bhabanagar.
The accused person was stated to have committed murder ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 16 of his brother and was on run. PW-8 had been informed of the murder of Shukru Ram by PW1. PW8 and the complainant had rushed to P.P. Moorang and had reported .
the matter to the police. PW8 had also carried out spot inspection and local investigation. PW9 Ramesh Kumar, Village Patwari had prepared field map Ext. PW9/A of the place of crime. Ext. PW9/B is copy of Jamabandi of Khasra of No.235 wherein the murder had been committed. PW-10 Rajiv Bandral, J.E. had prepared drawing Ext. PW10/A of the house of PW1, PW11 Chita Ram, ASI, Incharge, Police rt Post, Tapri had been informed of the murder of Shukru Ram. The accused person was stated to have absconded.
PW11 had stated that he had checked the bus of Usha Coach near Check Post. The accused person was found traveling in the bus and had been directed to step out. T-
shirt of the accused person stood stained with blood and had been so observed by PW7 and PW11. PW12 Gian Chand, PW14 Jagdev Singh, PW15 Ramesh Kumar and PW18 Ravinder Kumar, Police officials, at various stage of the investigation, had handed over the case property.
PW15 had also tendered in evidence various reports of the daily diary pertaining to this case. PW13 Sarju Ram, ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 17 Constable, Police Post, Moorang had produced original daily diary containing report No. 23, copy whereof is Ext.
PW13/A. PW16 Lekh Ram, ASI and PW17 Vijay Kumar, .
ASI and PW17 Vijay Kumar, ASI had carried out investigation of this case. PW 16 had taken into possession the marriage deeds of the accused person and his brother.
PW16 had prepared rough sketch map Ext. PW16/B of the of site of the crime. PW16 had taken photographs of the dead body and the fact situation around the dead body. Ext.
PW16/H, Ext. PW16/J and Ext. PW16/K are reports of the rt Chemical Examiner. The accused person had been arrested by PW17 on 23.9.2006. PW17 had interrogated the accused person. PW17 had stated that the accused person had made disclosure statement Ext. PW4/A. The accused person had demarcated the site of crime vide document Ext. PW4/B. The accused person was sent to judicial lock-up. During pendency of the trial, the accused person had escaped from custody on 20.9.2008. The accused person had been arrested on 22.2.2009.
6. PW2 Meem Devi stated that her first marriage was solemnized with Sohan Lal about 14 years back as per customs of the area and out of this wedlock she had given ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 18 birth to two children. Her husband had been spending the money on liquor and other bad habits and had not been paying any money in the house towards maintenance of the .
children. He had been selling the ornaments and gifts which her parents had given to her. Her husband told her to marry other brother Shukru also in joint marriage so that the family could be maintained. After making inquiry of from her parents to do so, they told her that she may do as she likes and about six years ago the second marriage was solemnized with Shukru Ram and from his loins, she gave rt birth to one daughter. Thereafter, Sohan Lal started quarreling with her not to live with Shukru Ram. She told both of them that she will not stay with them but they then again got ready to keep her as their joint wife and prepared the documents Ext. PB to PF in August, 2005. She further deposed that in August, 2006, Shukru Ram came to the house of her parents at Ribba and on 12.9.2006, Sohan Lal also came there and she came on 15.9.2006. There used to be Fulech Mela at Ribba. She stayed there. On 16.9.2006, her parents went to Kanda alongwith Sohan Lal for Fulech Mela and she stayed with Shukru Ram in the house of her parents. On the same day Sohan Lal came from Fulech at ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 19 about 3.00 a.m. in the morning of 17.9.2006 when she was sleeping with Shukru Ram and then Shukru Ram left the room and Sohan Lal harassed her after that and told that .
she did not come to Kanda and why she remained in the house. On 17.9.2006, they all went to Kanda and remained there till 21.9.2006 and came back on the same day. On 22.9.2006, she, Shukru Ram and her daughter and her of mother had gone to the house of Ramayan Singh as guests. When she was in the room then Sohan Lal was feeling jealous. They all were singing and dancing and she rt and Shukru Ram asked Sohan Lal about her silver ornament Dhaglu and Sohan Lal told that he had kept that ornament with him. She deposed that Sohan Lal had murdered Shukru Ram due to jealousy. Basola Ext. P1, which was stained with blood and one Ting (locket) and one piece of bangle was lying near dead body. Accused Sohan Lal had left the jacket in the room. There were also hair with the blood. Her father went with the Ward Member to the police Post Moorang and then the police came on the spot. The Police had sealed the Basola Ext. P1, Jacket Ext.
P2, Bangle Ext. P3, Ting Ext. P4, blood Ext. P6 and hair Ext.P5. In her cross-examination, she admitted that Sohan ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 20 Lal had told her for joint marriage with Shukru Ram and also that for sometime they lived affectionately. She denied that she had some dispute with Shukru Ram in August, .
2005. She further denied that after that she did not have good relations with Shukru Ram. She further denied the suggestion that after she went to the room of her parents to sleep there, Shukru Ram went to sleep in the room of her of brother Vidya Singh. Only her father had gone to see the dead body of Shukru Ram and after that they saw only from outside till police came there. She deposed that her rt house is three storeyed. She further denied that she had scuffle with Shukru Ram after Sohan Lal had left the room and Shukru Ram had received injury with Basola on her head. She denied that the broken bangle was of her hand and that she was wearing the Ting (locket). Self stated that Shukru Ram was wearing the same. They all were dancing in Fulech Mela including her parents. In the end of her statement she denied that the father of Sohan Lal was ill and he had left to the house of his father. She also denied that she is deposing falsely at the instance of the police.
7. PW3 Naveen Kumar stated that on 23.9.2006, he was called by Ram Sain through telephone and he went ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 21 there where the police had also come. He also called the Pradhan Chander Gopal, who came there. He saw that the dead body of the younger son in law of Ram Sain was lying .
in-side of the house near the kitchen, which was half in the room and half towards the kitchen and there were injuries on his head, neck and face and blood was lying there.
There was also lying Ting (locket), cut hair and piece of of bangle, blood stained Basola and one jacket. The police had taken into possession the above articles vide memo Ext. PW3/A to Ext. PW3/D. The said articles were sealed rt with the seal impression 'T' in separate parcels. He and Pradhan Chander Gopal had signed the memos. He did not remember to whom the seal 'T' was given. He identified the above articles to be same which were taken into possession. He had also put his signatures on the cloth of the parcel. The police had also prepared a Khakha of the Basola Ext PW1/B which also bears his signature. In cross-examination, he has admitted that he has signed the seizure memo after reading its contents. He admitted that Basola, jacket and locket etc. are generally available in the house. When he went there in the house, the room was ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 22 bolted from outside. He denied that the memo. Ext. PW3/A to Ext. PW3/D were not prepared in his presence.
10. PW4 Dara Singh has stated that Sohan Lal is his .
brother-in-law (Jeeja). In the year 2006, Shukru Ram and Sohan Lal, Meem Devi and her children had come for the Fulech Mela. On 16.9.2006, they had gone to Kanda to celebrate Fulech fair and Shukru Ram and Meem Devi of remained in the house, but during the night Sohan Lal came to the house at Ribba and remained there. They again came to Kanda on 17.9.2006 and remained till rt 21.9.2006. On 22.9.2006, Meem Devi, his mother and Shukru Ram had gone to the house of Ramayan Singh and his father and Sohan Lal had gone to the house of Zamidar and they came back at about 8-9 p.m. They ate and drank and danced during the night. He deposed that Meem Devi had asked Sohan Lal about her ornament Dhaglu and Sohan Lal told that he will give it as he had kept it somewhere and his parents also advised Sohan Lal.
Shukru Ram and Sohan Lal slept in the same room in which they were dancing and Meem Devi slept in the room of her parents. He came to know in the morning through ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 23 his father about the murder of Shukru Ram and then he saw the dead body of Shukru Ram lying in the room and blood was also lying there. A blood stained Basola, one .
Ting (locket), one piece of bangle of his wife were also found. His father and he went to the Police Post, Moorang to make the report and the police had come there and took into possession Exts. P1 to P6, which were sealed on the of spot. He saw the articles Ext. P1 to P6 in Court, which were admitted to be the same. The accused had made the disclosure statement to the police on 25.9.2006, at the rt Police Station that he can give the demarcation of the place of occurrence and his statement was recorded in his presence and other witness, namely Govind Singh. The disclosure statement is Ext. PW4/A, which bears his signature and signatures of Sohan Lal & Govind Singh.
Sohan Lal gave the demarcation of the place where the occurrence had taken place and the memo Ext. PW4/B was prepared which bears his signatures. In his cross-
examination, he has admitted that his statement had been recorded by the police under Section 161 Cr.P.C., which was read over and explained to him. He further admitted that every one had come to know about the murder of ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 24 Shukru Ram in their house on 25.9.2006, and Basola was not there. He admitted that Govind Singh is his brother and that he left the drawing room during night then Sohan .
Lal and Shukru Ram were sitting in the room and had not slept. He has denied that Shukru Ram had gone to the room of Vidya Singh and had slept there. He had left the room and did not know that after that there was a dispute of between Shukru Ram and Meem Devi and Basola was struck to Shukru Ram by her. He also denied that Govind Singh was not present, when memo Ext. PW4/B was rt prepared and that he is deposing falsely at the instance of the police and his parents.
11. PW5, Vidya Chand deposed that he is working as Driver in Cooperative Society, Nichar and was driving the bus from Reckong Peo to Nichar in the last year on 23rd. When he reached at Wangtoo the accused boarded the bus. The accused asked for the ticket for Rampur but the Conductor told him that the bus is going to Nichar so, he was given ticket only for Bhabanagar. Thereafter, one bus came from the side of Bhabanagar after his bus had traveled about 1½ Kms and that bus was stopped and one person from that bus entered his bus and caught hold of ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 25 the accused inside the bus. That person told that the accused has committed murder and he has caught hold of .
the accused and he rang to the police and the police came and arrested the accused near Check Post and the police took the accused. In cross -examination he admitted that he has not seen the accused earlier. He admitted that he of does not know the name of the person who came from Bhaba side, but he was a Conductor in some bus.
12. rtPW6 Dr. Rajinder Kumar deposed that he was working as Medical Officer in District Hospital, Reckong Peo since 1.7.2005 and that on 23.9.2006, he alongwith Dr. Raj Kumar Negi, conducted the post-mortem of the dead body of Shukru Ram on the receipt of application of police Ext.PW-6/A. He did the post mortem of Shukru Ram on 23.9.2006 at 3.30 p.m. The dead body was brought by the police, which was identified by Ram Sain son of Sh.
Ranjori V.P.O. Ribba, Tehsil Moorang, Distt. Kinnaur and Gian Partap son of Zeta Ram of the same place. He opined that as per information furnished by the police multiple injuries on head, face, neck, chest and right forearm due to ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 26 sharp weapon caused by the accused. PW6 observed as under:-
.
"External appearance: stout body, length 5 ft.
6 inch, signs of rigour mortis present mainly upper limbs and legs marked in lower limbs wearing brown shirt, white sandoz banian, green underwear, brown pant with white belt and red cloth band on left arm body. Body was pale in of colour."
He further deposed that there was no mark of ligature rt and the doctor found multiple injuries on the person and also opined that the victim suffered multiple incised wound on face, head, neck, chest and right forearm with extensive hemorrhage leading to hypovolumic shock leading to death.
The probable time between injury and death was within six hours and between death and post mortem was between 12 to 18 hours. He further opined that there is possibility that all the injuries as mentioned in the post-mortem report Ext. PW6/A may have been caused with Basola. In cross-
examination, he admitted that he is not forensic expert, but is M.B.B.S. and that when a blow is inflicted with sharp edged weapon then the injury caused is more than the ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 27 diameter of weapon used. He has also admitted that whenever a blow is given with a sharp edged weapon in that eventuality there will be incised wound on the skin, .
bone and tissue also. It is also possible that while giving blow with a sharp edged weapon, the blood, hair or flesh may come over that weapon. In the present case there are 99% chances of death being homicidal as the injuries are of on the front side. All the injuries on the body of the deceased were ante-mortem. The injuries found on the person of the deceased cannot be self inflicted and also rt cannot be suicidal. He admitted that at the time of examination of the accused, his B.P. and pulse were normal. The injuries found on the person of the accused are possible by fall and in a scuffle. The colour of injury starts changing after 12 to 72 hours and some time even after 7 days. He also admitted that the instrument like Basola are easily available in every house. He denied the suggestion that deceased has committed suicide and no injury was inflicted on his person by any person.
13. PW 7 Hari Dutt stated that on 23.9.2006, he was going to Rampur for some personal work and he reached at 1.30 p.m. at Tapri where Vinod Kumar met him ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 28 who told that accused Sohan Lal left after committing murder of his brother. He boarded the Friends Coach bus and when he reached at Wangtoo, then he saw accused .
Sohan Lal sitting in the bus in which he was traveling. The accused got down on the next bridge at Wangtoo. He also got down at some distance and boarded the bus which was going towards Reckong Peo. After traveling some distance of bus Usha Coach came from opposite direction, which was going towards Bhabanagar. He got down from HRTC bus and took a lift in Usha Coach to search the accused.
rt Accused was sitting in Usha Coach. Then, he rang Vinod Kumar and informed him that he had caught accused Sohan Lal and asked him to bring the police. He told the accused Sohan Lal as to why he is running after committing murder of his brother. The accused remained silent. Thereafter at Forest Barrier, Bhabanagar, the Police came in a vehicle and stopped the bus and accused and PW7 get down from the bus and accused was taken by the police to Tapri. The accused was wearing T-shirt and pants and there were some blood stains on the T-shirt. In cross examination, he deposed that he was working as a ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 29 Conductor in the bus of Vinod Kumar. Before Vinod Kumar told him about the murder, he had no knowledge about the same. When Vinod Kumar told him at Tapri, Sohan Lal .
was not there. He knew Sohan Lal since he was married at Ribba. He also deposed that when the accused boarded the bus from Wangtoo then two other persons have also boarded the bus. He also admitted that Usha coach was of proceeding towards Nichar.
14. PW8 Ram Devi stated that she is Member of Gram Panchayat, Ribba of Ward No.7.
rt In the month of September, 2006, Ram Sain came to her house at about 5.30 A.M. and told him that the murder of his younger son-
in-law has been committed by someone and his elder son-
in-law is not there. Thereafter, he visited house of Ram Sain and saw that the dead body was lying there in the pool of blood and there was one Basola near the dead body in the house of Ram Sain. In cross-examination, he admitted that he came with Ram Sain to his house then the bolt of the door was open. There was also a window in the room in which the dead body was lying. Only family members of Ram Sain was there at that time. There were 10-12 person ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 30 including Pradhan and Up-Pradhan at the spot when they reached back at the house of Ram Sain.
15. PW9 stated that he was posted as Patwari in .
Patwar Circle, Akpa. Ribba comes within the jurisdiction of Patwar Circle, Akpa. On 13.10.2006 on the request of the police he prepared tatima of the place of occurrence in the house or Ram Sain. The Aks Tatima is Ext PW9/A and of copy of Jamabandi is Ext PW9/B, which is signed by Assistant Kanungo Sh. Chhamit Dhawa. He identified his signatures. The application Ext.PW9/C was also brought rt by the police.
16. PW10 Rajeev Bandral stated that he was posted as Junior Engineer in HPPWD(B&R) Ribba since the year 2003. On the request of police, he prepared house plan of Ram Sain which is Ext. PW10/A, which bears his signatures. In cross-examination, he denied that he has not prepared the site plan at the spot.
17. PW11 ASI Chita Ram stated that he was posted as Incharge P.P. Tapri since May, 2006. He further stated that on 23.9.2006, Vinod Kumar informed him through mobile phone that one Sohan Lal has committed murder of his brother at village Ribba and had absconded.
::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 31Thereafter, they started checking vehicles at Tapri.
Thereafter, Vinod Kumar came to Tapri and informed that accused Sohan Lal was seen at Wangtoo. He received .
another call on his mobile phone that Sohan Lal is in Usha Coach and one person related to Vinod Kumar is sitting with him in the bus. Thereafter, they hired a light vehicle and went towards Wangtoo and at Wangtoo Forest of Check Post, they stopped Usha Coach bus and went inside the bus and accused Sohan Lal with another person related to Vinod Kumar was in the bus. The accused was rt brought out of the bus and taken to Police Post Tapri. He was wearing T-shirt and pant and there was blood on T-
shirt. In cross-examination, he admitted that when he was on duty at Tapri bazaar he received the information on mobile. Vinod did not disclose to him that from where he was ringing to him. Vinod reached Tapri after about half an hour. It took half an hour to reach Forest check barrier from Tapri. He admitted the suggestion that Usha Coach starts at 2.00 pm from Reckong Peo.
18. PW12 HHC Gian Chand deposed that he is posted as HHC in Police Station, since 2005. On 4.10.2006, MHC Ramesh Chand handed over him one ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 32 parcel of the present case sealed with seal impression 'T' along with sample seal for depositing the same in FSL Bharari. On 5.10.2006, he reached at FSL Bharari where .
he was told that the parcel cannot be examined there and directed him to take the same to Phillaur. Thereafter, he came back to S.P. Office, Reckong Peo from where another letter was got issued to FSL Phillaur. On 11.10.2006 he of took the letter and sealed parcel and deposited the same on 13.10.2006 at Phillaur and brought back the sample along with result of FSL Phillaur to Police Station, Pooh.
rt The sample was sealed by FSL Phillaur, which was deposited by him with MHC at P.S. Pooh along with R.C. No.102/2006. On 29.1.2007, the same sample was again given to him by MHC Ramesh Chand for depositing the same with Vijay Kumar ASI, P.P. Moorang. He admitted that he deposited the sealed parcels with MHC Ramesh Chand at P.S. Pooh. So long as the sample remained with him and the same was not stated to be tampered with. In cross-examination, he admitted that he took bus from Reckong Peo to Shimla on 11.10.2006 and on 12.10.2006, he took bus from Shimla to Ludhiana and went by bus to Phillaur on the next day. He deposited the parcel with the ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 33 Inspector, but he could not disclose his name. He further admitted that the parcel was returned to him with the result after four hours. The parcel was again sealed with .
their own seal impression. He denied the suggestion that when MHC Ramesh Chand handed over the parcel to him to deposit with ASI Vijay Kumar, it was open.
19. PW 13 is Constable Sarju Ram. He stated that of he is posted as MC in Police Post, Moorang since 27.7.2006. On 23.9.2006, at about 7.15 a.m. Ram Sain along with Ward Member, Gram Panchayat, Ribba came to rt the P.P. Moorang. He lodged a complaint with him at P.P. Moorang, which was entered by him in the roznamcha. He had brought the original roznamcha and daily diary No.23. dated 23.9.2006, which has been written by him and which was signed by Ram Sain and true copy of which is marked as PA now Ext. PW13/A, which was sent for registration of case to Police Station, Pooh. In cross-
examination he has admitted that Ram Sain and he had brought no written statement but orally entered the report.
It took about half an hour in writing the report Ext.
PW13/A. ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 34
20. PW14 C. Jagdev Singh stated that he was posted as Constable in Police Station, Pooh since 26th July, 2006.
On 28.9.2006, MHC Ramesh Chand handed over 6 sealed .
parcels to him (out of which four were sealed with seal impression 'T' and two with seal impression BMO) alongwith sample seals vide RC No.100 of 2006, for depositing the same in FSL Junga. Out of six parcels, five of parcels were deposited by him at FSL Junga on 29.9.2006 and one parcel stated to be containing Basola was returned to him with the direction that the same is to be deposited at rt FSL, Bharari. On 1.10.2006, he deposited one parcel along with RC with MHC P.S. Pooh and the parcel when remained with him the same was not tampered with. In cross examination he admitted that he kept the parcel with him throughout the journey and deposited the same with Sub Inspector, but he did not know his name. He denied that the parcel which he deposited with MHC Pooh was not sealed.
21. PW15 HC Ramesh Kumar stated that he is posted as MHC of Police Station, Pooh, since February, 2006. On 23.9.2006, one daily diary Ext.PW13/A was received at P.S. Pooh on the basis of which he lodged FIR ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 35 copy of which is Ext.PW 15/A1, which is in his hand and bears his signatures and the case file was handed over to the SHO. Four parcels duly sealed with seal impression 'T' .
along with sample seal were deposited by ASI SHO Lekh Ram with him. He entered the same in Malkhana register No.19 and again on 26.9.2006, three parcels duly sealed with seal impression 'RH' Reckong Peo along with sample of seal were deposited by ASI Lekh Ram. On 28.9.2006, he sent six parcels alongwith sample seal to FSL Junga through Constable Jagdev Singh.
rt On 1.10.2006, one parcel containing Basola was received back in the Police Station, through Constable Jagdev Singh. The said parcel was again sent to Phillaur on 4.10.2006 through HHC Gian Chand. On 16.10.2006, the said parcel was received at Police Station, Pooh alongwith report of finger prints from Phillaur through HHC Gian Chand. Again parcel containing Basola was sent to FSL Junga vide RC NO.111/2006, through Constable Ravinder Kumar on 22.10.2006. On 11.11.2006, six parcels and one parcel containing Basola were again received at Police Station, Pooh through Ravinder Kumar, Constable. On 29.1.2007, the parcel containing Basola duly sealed was handed over ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 36 to HHC Gian Chand who produced the same before ASI Vijay Kumar. On the same day, the parcel containing Basola was received back duly sealed with seal RH Reckong .
Peo and he deposited the same in the Malkhana. He has also stated that he had brought the original daily diary register of P.S., Pooh for the year 2006-2007. He has seen daily diary No.5, dated 28.9.2006 and various daily diary of Nos. mentioned in his statement in the original daily register of P.S. Pooh. Copies of the same are Ext.15/A to Ext. PW15/H and Ext. PW15/H-1, which are true and rt correct as per original record. He had brought the RC register and had seen RC No.100 of 2006 and the copy whereof is same i.e. Ext. PW15/B. He had also brought the Malkhana Register with him, which is stated to be correct as per the original. In cross examination he has stated that HHC Vijay Kumar had brought the copy of Daily Diary No.23 Ext.PW13/A to the Police Station. He has denied that the parcels which were deposited on 23.9.2006 and 26.9.2006 respectively were not sealed. He has also denied that the Basola parcel which was received from the Chemical Examiner was also not sealed. He admitted that the FIR was written by him. He also admitted that he has ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 37 not signed the rojnamcha, but it was prepared under his supervision.
22. PW 16 SI Lekh Ram has stated that he was .
posted as SHO, Police Station Pooh from August, 2006 to April, 2007 and that on 23.9.2006, information on mobile phone was received from Incharge P.P. Moorang to the effect that a murder has been committed in village Ribba.
of He proceeded to the spot vide daily diary Ext.PW15/H-1.
When he reached at Ribba, Chowki Incharge, Vijay Kumar had already reached at the spot. Pradhan and other rt persons were also on the spot. He took photographs which are Ext.PW16/A-1 to Ext. PW16/A-22 and negatives of the same are Ext. PW16/A-23 to 44. On spot inspection, map Ext. PW16/B was prepared. One Basola stained with blood was taken into possession. He further stated that accused had absconded from the spot after the occurrence and they sent message through telephone and W.T. to different Police Stations. On 23.9.2006, the accused was apprehended near Bhabanagar by the police and was brought to Reckong Peo. It has come in the investigation that the accused himself got married his wife with his younger brother (deceased) Shukru Ram and their wife ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 38 Meem Devi was interested in deceased Shukru Ram, therefore, out of jealousy accused committed murder of Shukru Ram. The foot print on the spot was taken, which .
is Ext. PW16/G-1, which could not be taken properly and was misprinted. He further admitted that the seals on two parcels were intact. On opening the second parcel photo of the foot print of the accused came out, which are of Ext. PW-16/G-3 to Ext. PW16/G-5. He also recorded the statements of the prosecution witnesses as per their version. rtHe tendered in evidence reports of Chemical Examiner Ext. PW16/H, Ext. PW16/J and Ext.PW16/K. Thereafter, file was assigned to ASI Vijay Kumar for further investigation and after investigations he prepared challan against the accused under Section 302 IPC, which bears his signatures. In cross-examination, he has stated that there are some houses at a distance of 20-30 metres from the house of Ram Sain. He stated that he does not know that after the birth of Kumari Anjli, there was dispute between Shukru Ram and Meem Devi. He does not know that document Ext. PB to PF were prepared at Rampur at the instance of Meem Devi. He admitted that there were windows in the room where the occurrence had taken place ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 39 and that no article was found scattered in the room except the clothing of the bed. The blood was on the spot where the dead body was lying. He also admitted that bangles .
and Ting are worn by the female in Kinnaur. Self stated that male members also wear Ting. He denied that the witnesses of recovery are the sons of Ram Sain and that Meem Devi and Shukru Ram slept in same room on the of night of 23.9.2006. The cries loudly raised can be heard in the next room where members of the family of Ram Sain were sleeping.
rt Self stated that if a person sleeps after taking liquor voice in the adjoining room cannot be heard.
There was some exchange of hot words between Shukru Ram and accused with regard to the Dhaglu. He denied the suggestion that the accused had left for his house a day before the occurrence. He also denied that the wife of deceased and accused had in the scuffle given the blow to the deceased and the accused had not given any blow. He has also denied that he had wrongly recorded the statements of the witnesses and that the recovery memos were not prepared on the spot. He also denied that he had not conducted the spot inspection of whole of the house and he is deposing falsely.
::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 4023. PW17 ASI Vijay Kumar has stated that in the year 2006, he was Incharge Police Post Moorang. On 23.9.2006, Ram Sain alongwith Ward Member r/o Ribba .
came to the Police Post, Moorang. They lodged a report at Police Post which is Ext PW13/A. He also informed SHO, P.S. Pooh about the occurrence through telephone. Dead body was handed over for conducting the post-mortem. He of further stated that he took the dead body to R.H., Reckong Peo and got conducted the post-mortem from Doctor -
Incharge and obtained the post-mortem report Ext.PW6/B. rt The accused was produced before him by the official of P.P. Tapri. He also arrested the accused and his search was conducted and recovery memo of search Ext. PW17/A was prepared. He further stated that the accused was medically examined at R.H. Reckong Peo. The statement under Section 27 of the Indian Evidence Act was recorded by him of the accused Sohan Lal, which is Ext. PW4/A regarding the demarcation of the place of occurrence. Memo of demarcation report Ext. PW4/B was prepared, which bears the signatures of the witnesses namely Gobind Singh and Dara Singh. He also stated that he produced the parcel of Basola before the Doctor and obtained his report, which is ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 41 Ext. PW6/E and the parcel containing Basola was handed over to the Constable for depositing the same with MHC, P.S., Pooh. In cross examination, he admitted that he took .
about half an hour to lodge the report at P.P. Moorang and that distance between Moorang and Ribba is about 18 Kms.
There were about 14-15 persons of the village in the complex and the door was closed. He also admitted that of there were no visible nail marks on the face of Sohan Lal.
He also admitted that by the time they reached there, the villagers had come to know about the murder. He further rt admitted that Sohan Lal had been living there and working in the house of his in-laws for the last 10 years. It is also denied that the accused had given disclosure statement under the fear of police. He stated that it has come in the investigation of the case that on the night of the occurrence there were some arguments between Shukru Ram and his wife. He denied that it has come in the investigation that there was some misunderstanding between Shukru Ram and his wife and Shukru Ram was proposing to marry some other girl. He admitted that he had procured the record about the agreement of marriage, which is correct.
He denied that on the day of occurrence Sohan Lal had ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 42 slept in the room of his brother-in-law Vidya Sagar and Shukru Ram had slept with his wife in the drawing room.
He also denied the suggestion that there was a scuffle .
between Meem Devi and Shukru Ram and in the scuffle Shukru Ram was hit with Basola and received injuries. He denied that the recovery memo was not prepared on the spot and that he also wrongly recorded the statements of of the witnesses. He denied that the finger prints on the Basola were prepared wrongly and there were no such finger prints. He also denied that the accused had left the rt house of his in-laws on 20.11.2006.
24. PW 18 C. Ravinder Kumar Ravi stated that he was posted as Constable in Police Station Pooh since 25.8.2006. On 22.10.2006, MHC Ramesh Kumar handed over to him one parcel sealed with FPB Phillaur seal stated to be containing Basola vide RC No.111/06 and another parcel of Foot prints sealed with seal P.S., Pooh vide R/C No.112/06 and he carried the same and deposited the above parcels in FSL, Junga alongwith sample seal. So long the parcels remained with him, the same were not tampered with and R/C was handed over to MHC of P.S., Pooh. In cross-examination he deposed that the parcel of ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 43 Basola was handed over to him and he did not fill any form.
He has not seen any R/C in the Court. He denied the suggestion that he has not carried any parcel of samples to .
FSL Junga.
25. So far as the motive is concerned, the prosecution has proved on record that after the marriage with the accused person PW2, in the year, 1993-1994, PW2 of started residing with the accused person and she gave birth to one son and one daughter while living with the accused.
Thereafter, when the accused person started neglecting rt PW2 and her children and starting selling the jewelry of PW2 finding it difficult to maintain the accused person proposed the marriage of his younger brother (deceased) with PW2 to be the joint wife of accused person and his younger brother now deceased. Polyandry was in vogue at the place where the parties are residing. PW1 agreed for joint marriage with the accused person and deceased and the marriage of PW2 with the deceased took place in the year 2001 and thereafter PW2 gave birth to one daughter out of her union with the deceased. The accused person wanted PW2 to reside exclusively with him and PW2 could not afford to do so as the deceased was also her husband.
::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 44The accused person was not happy with the living of PW2 with the deceased who was the real younger brother of the accused, as stated hereinabove. When the accused person .
in the month of September, 2006 from 16.9.2006 to 22.9.2006 found his wife somewhat indifferent to him, the act of PW2 appeared to have enlarged the accused person and he had thought of eliminating of Shukru Ram of deceased. So, there was strong motive on behalf of the accused person to eliminate the deceased.
26. So far as the injuries on the person of the rt deceased are concerned, PW6 Dr Rajinder Kumar, Medical Officer, R.H. Reckong Peo conducted autopsy on the dead body of the deceased and found the following injuries:
1. Incised wound 8 cm length, 2 cm breadth and 2 cm deep just below right eye horizontally sharp edges red in colour, spindle shaped, clotted blood all around.
2. Incised wound 6 cm x 1 cm 1 cm over right side of chin with underlying fracture mandible right side of the body, sharp edges, red colour, spindle shaped.
3. Incised wound just above right eye brow 4 m length, 1 cm breadth, ½ cm deep directed towards ear, sharp edged spindle shaped red in colour.::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 45
4. Incised wound 2 in number size 4cm x 1 cm x 2 cm right side of the midline, parietal region, another 2 cm length, 1 cm breadth, 2 cm deep on left side of midline of scalp, sharp edged, .
spindle shaped, blood clotted around the wound.
5. Incised wound with fracture of underlying occipital bone 4 cm length, 2 cm breadth, 3 cm deep in midline directed horizontally sharp edges would red in colour blood all around.
of
6. Incised wound 6 cm length, 1 cm breadth, 4 cm deep in size at junction of occipital region and nape of neck on right side just behind rt lower end of right ear, bright red, sharp edges, spindle shaped with clotted blood in the would and all around.
7. Incised would midline of neck just below adam apple, size 3 cm x 1 ½ cm x 1 ½ cm in size with incised wound of anterior surface of trachea, sharp edges, clotted blood all around neck.
8. Incised would right elbow 8 cm x 4 cm x 3 cm with fracture of lower end humerus and chopping of underlying muscles, spindle shaped, sharp clean edges with blood all around.
9. Incised wound 3cm x 1 cm x ½ cm in size in right mid arm lateral aspect horizontally, spindle shaped, clean edges, red margins.
::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 4610. Incised would over sternum size 1 ½ cm x ½ cm x 1/4cm deep with clean cut edges."
27. The probable duration between injuries and .
death is within 6 hours and the death and post mortem examination was within 12 to 18 hours. When Ext. P1 was produced before PW6 in the Court after opening the sealed packet, the Expert PW6 has given the opinion that the of injury could have been caused with Ext.P1 on the person of the deceased.
rt
28. The police had recovered the Adz Ext. P1 on 23.9.2006 vide recovery memo Ext. PW3/D in the presence of PW3 Naveen Kumar. The Adz had been sent to the Chemical Examiner. He as per the report Ext. PW6/H had found human blood of A group on Adz Ext. P1. The blood of the deceased was also of A group as is clear from report Ext. PW16/J of the Chemical Examiner. PW6 had stated that the deceased had died as a result of ante-mortem injuries No.1 to 10, as mentioned above. In his cross-
examination, PW6 had rejected the suggestion of the accused person about self infliction of the injuries. The deceased was not found to have committed suicide. The ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 47 deceased had suffered multiple injuries on his head, face and arms. He could not have sustained such injuries in a fall.
.
29. PW17 Shri Vijay Kumar, ASI had sent for medical examination of the accused person. PW6 Dr. Rajinder Kumar had conducted medical examination of the accused on 24.9.2006 at 10.30 AM and had found the of following injuries on his person:
1. Abrasion cum bruise mark over right rt shoulder tip 2 cm x 2 cm colour pinkish black blue.
2. Complaint of pain in the right side of lower chest. On examination no bruise, no abrasion or contusion clinically, mild tenderness on palpation.
3. Abrasion over the dorsum of left forearm just below elbow on medial aspect, colour pinkish black blue.
4. Abrasion linear just below left clavicle colour blackish blue.
5. Bruise-cum-abrasion over lower aspect of chest left side, size 5 cm x 2 cm colour pinkish blue over bruise area and pinkish black over abrasion."::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 48
30. All the injuries had been caused with blunt weapon within probable duration of 72 hours prior to the medical examination. The cross-examination of the .
Medical Officer revealed that the defence of the accused person was of scuffle. The Medical Officer had agreed with this suggestion of the accused person. The probable duration of injuries noticed on the dead body of the of deceased Shukru Ram had tallied with probable duration of injuries on the person of the accused person. It was no where the defence of the accused person that he had not rt suffered any injury and the Medical Office had been wrong in reporting the presence of 5 injuries on his person.
31. The evidence of PW1 Ram Sain, complainant, PW2 Meem Devi,. PW3 Naveen Kumar and PW16 Lekh Ram, ASI revealed that the police had collected blood Ext.P6 from the site where the dead body lay. The Medical Officer had seized the clothes of the deceased. The accused person had been noticed in bus by PW5 Vidya Chand, PW7 Hari Dutt and PW11 Chita Ram, ASI. PW7 and PW11 had stated that the accused person had put on T-shirt and the same had stains of blood. The police had seized the T-shirt Ext. P12 of the accused person. Blood ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 49 Ext. P6, clothes of the deceased and T-shirt Ext. P11 had been sent for chemical analysis. The Chemical Examiner vide report Ext. PW16/J had found human blood of A .
group on the T-shirt of the accused person. The accused person was unable to explain the presence of human blood of A group on his T-shirt.
32. In the evidence of PW1, PW2 and PW4 it is of clearly established that the accused person had been present at the house of PW1 on 22.9.2006. The accused person, PW1, PW4 and the deceased had taken liquor rt together. After taking food, PW1, PW4, the accused person and the deceased had been dancing with their women folk upto 2.00 A.M. on 23.9.2006. After the dance party had ended, PW1, his wife and daughter had slept in a separate room. PW4 and his wife had slept in a separate room. The accused person and Shukru Ram deceased slept in the drawing room. The evidence revealed that the doors of the rooms of PW1, PW4 and the accused person stood closed.
It is nowhere the defence of the accused person that he had not been present at the house of his father-in-law Ram Sain, PW1 on 22.9.2006. It is also nowhere stated that the accused person had not taken liquor nor had ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 50 danced up to 2.00 A.M. on 23.9.2006. The accused person and Shukru Ram deceased were stated sleeping in one room. On the next day in early morning, the accused .
person was found missing from the room. Shukru Ram lay dead in a pool of blood. There were multiple injuries with sharp edged weapon (adz Ext.P1) on the person of the deceased.
of
33. PW1, PW2 and the Investigating Officer had stated that the accused person had committed the murder of Shukru Ram. The accused person had been given full rt opportunity to cross-examine PW1 and PW17 and other witnesses of the prosecution, but he had not been able to elicit anything favourable from PW1 to PW18. There was not even a suggestion of previous hostility of the witnesses of the prosecution with the accused person. As such, possibility of false implication was out of question.
34. It was nowhere suggested to PW1, PW2, PW16 and PW17 that PW2 had also suffered any injury in the alleged scuffle.
35. As per report Ext.PW16/K, the Chemical Examiner had found 347.5 milligram percent liquor in the blood of the deceased. It had been argued that the ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 51 deceased under the influence of the liquor had fallen on sharp edged object and had suffered fatal injury. Also some one else could have attacked the deceased. At the .
time of the local village fair, liquor in good measure is consumed. Even the accused person was stated to have taken liquor. The evidence of the Medical Officer and the location of the injuries established the fallacy of the of defence of the accused person. Though there was a window in the room where the accused person and the deceased had been sleeping, yet there was no evidence of rt house trespass. It is also no where the defence of the accused person that some one else had visited him after PW1, PW2 and PW4 had gone to sleep in different rooms.
36. The evidence of PW1 and PW2 revealed that the family had been celebrating festival for 3-4 days. As noticed above, PW1 and the women folk had been dancing from 10-11 PM on 22.9.2006 till 2.00 AM on 23.9.202006.
As such, PW1 and other members of the family had been in deep sleep and could not have heard any sound. The accused also appeared to have hurriedly inflicted multiple injuries with heavy sharp edged weapon (Adz Ext.P1) on the head, face and neck of the deceased when the deceased ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 52 lay in deep sleep. The accused person appeared to have stamped the life out of Shukru Ram before he could raise .
any hue and cry. Nevertheless, the deceased appeared to have struggled and his dead body had been noticed near the door of the kitchen and not in the bed. The bed was found scattered as stated by PW1 and PW2 and the of Investigating Officer.
37. In a criminal appeal titled as Sadhu Saran rt Singh versus State of Uttar Pradesh and others, (2016) 4 Supreme Court Cases 357, the Hon'ble Apex Court has held as under:
"29. As far as the non-examination of any other independent witness is concerned, there is no doubt that the prosecution has not been able to produce any independent witness. But, the prosecution case cannot be doubted on this ground alone. In these days, civilized people are generally insensitive to come forward to give any statement in respect of any criminal offence. Unless it is inevitable, people normally keep away from the court as they find it distressing and stressful. Though this kind of human behaviour is indeed unfortunate, but it is a normal phenomena. We cannot ignore this handicap of the investigating agency in discharging their duty. We cannot derail the entire case on the mere ground of absence of independent witness as long as the evidence of the eyewitness, though interested, is trustworthy."::: Downloaded on - 15/04/2017 20:25:20 :::HCHP 53
38. In view of what has been discussed/observed hereinabove, it is amply clear that the judgment of .
conviction and sentence passed by the learned trial Court is based upon the true and correct appreciation of evidence and as the prosecution has proved the guilt of the accused conclusively so the findings of the learned of Court below, need no interference. Therefore, the appeal is without merits and is accordingly dismissed. All the pending application(s), rt if any, stands disposed of accordingly.
( Rajiv Sharma ) Judge (Chander Bhusan Barowalia) Judge 23rd May, 2016 (M.gandhi) ::: Downloaded on - 15/04/2017 20:25:20 :::HCHP