Punjab-Haryana High Court
Ranbir Singh And Another vs State Of Haryana on 11 January, 2013
Author: Inderjit Singh
Bench: Jasbir Singh, Inderjit Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Appeal No.D-905-DB of 2007
Date of Decision:January 11, 2013
Ranbir Singh and another
...Appellants
VERSUS
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
HON'BLE MR. JUSTICE INDERJIT SINGH
1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?
Present: Mr.Vinod Ghai, Senior Advocate with
Mr.Mandeep Kaushik, Advocate
for the appellants.
Mr.Pardeep Singh Poonia, Addl. Advocate General, Haryana
for the respondent-State.
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INDERJIT SINGH, J.
The present appeal has been filed by the appellants against the judgment dated 26.09.2007 and order of sentence dated 01.10.2007, passed by the Addl.Sessions Judge, Jhajjar, whereby they were convicted and sentenced to undergo imprisonment for life and to pay a fine of ` 10,000/- each and in default of payment of fine, to further undergo rigorous imprisonment for a period of five years each, under Section 302 IPC.
The brief facts of the prosecution case are that FIR in the present case has been registered on the basis of application Ex.PD Crl. Appeal No.D-905-DB of 2007 -2- given by Zile Singh to SI Ajmer Singh. It is in the application, which was addressed to SHO Jhajjar, that a criminal litigation is pending in Jhajjar Court from the last about five years between him and his elder brother Chhatar Singh. Due to this reason, he is living in Rewari in a rented accommodation along with his children. On that day i.e. on 19.11.2004, he along with his wife Krishana and son Jarnail Singh were returning from Court towards the bus stand Jhajjar. At about 11.00 A.M., when they reached in front of Mata Ratna Hospital, at that time Krishana was 15-20 feet ahead of both of them. All of a sudden, Ranbir and Himmat sons of Chhattar Singh both gave knife blow to his wife and due to knife injuries, she fell down and then Ranbir and Himmat fled away. Due to knife injury his wife succumbed. Due to this old enmity his wife has been murdered. Legal action may be taken against them. On the basis of this application, FIR was registered. Thereafter, the Investigating Officer went to place of occurrence along with complainant where he got the scene of the occurrence photographed. He also lifted blood-stained earth from the place of occurrence and taken into police possession vide recovery memo Ex.PE after preparing sealed parcel. After leaving Head Constable Shmay Singh there, they came to Civil Hospital, Jhajjar where the Investigating Officer received ruqa of deceased Krishana through the ward servant of the hospital. The Investigating Officer conducted the inquest proceedings. Dead body was handed over to ASI Dharambir for getting conducted post-mortem. Again he visited the place of occurrence. Rough site plan Ex.PJ was prepared. On Crl. Appeal No.D-905-DB of 2007 -3- 20.11.2004, the Investigating Officer arrested accused Ranbir Singh from Safidon road, Jind and brought him in the police station. On 21.11.2004, he took the accused from the police lock-up. On interrogation, the accused made disclosure statement and then he got recovered knife in pursuance of disclosure statement, which was taken into police possession after preparing sealed parcel. Statements of witnesses were recorded. After necessary investigation, challan was presented against the accused-appellants.
Finding prima facie case, the appellants were charge- sheeted under Section 302 IPC read with Section 34 IPC, to which the appellants pleaded not guilty and claimed trial.
In support of its case, prosecution examined, PW-1 Satbir, who mainly deposed that he identified the dead body of Krishana. PW-2 Constable Jai Chand, who mainly deposed regarding preparing of scaled site plan Ex.PA. PW-3 Constable Kapil Kumar, is a formal witness, who tendered into evidence his affidavit Ex.PB. PW-4 Doctor Hans Raj, who deposed regarding medico legally examination of accused Ranbir and found no external injury on his person. PW-5 Zile Singh, who is the complainant, mainly deposed that on 19.11.2004, he along with his wife Krishana and his son Jarnail had come from Rewari to Court premises Jhajjar in order to attend criminal litigation pending in the Court. After attending the Court, they were going back to Rewari and for that purpose, they were going to bus stand, Jhajjar. At about 11.00 A.M., when they reached in front of Mata Ratna Hospital, near bus stand, Jhajjar, all of a sudden accused Himmat and Crl. Appeal No.D-905-DB of 2007 -4- Ranbir pounced at his wife, who was going 30-40 paces ahead of them. Accused Himmat caught hold his wife whereas Ranbir Singh gave a knife blow causing injury on the right side of his wife. Thereafter, both the accused fled away from the spot. After sustaining injuries, his wife fell down on the road. Thereafter, when he was going to arrange a vehicle, police party met him in the way and he reported the matter to the police about the incident took place with his wife through written application Ex.PD, which bears his signatures. Police accompanied him to the place of occurrence from where it lifted blood-stained earth, which was put in a polythene paper of white colour and took the same into police possession vide memo Ex.PE. His son got his wife admitted in Civil Hospital, Jhajjar, where she died immediately. He also stated that originally he belongs to Jhajjar but he shifted to Rewari because of pendency of criminal litigation with the accused. PW-6 Jarnail Singh, who is the son of complainant and deceased, also deposed as per prosecution version. He further stated that he arranged for transportation to take his mother to hospital and he came back with a cycle rickshaw and got his mother admitted in the Civil Hospital, Jhajjar. He further stated that after admission, the doctors treated his mother medically and he was asked to sit outside the hospital. Thereafter, his mother died in the hospital. PW-7 ASI Mahipal, who mainly deposed regarding recording of the FIR and sending the Special Report to the Magistrate. PW-8 ASI Vijay Singh, who is a formal witness, tendered into evidence his affidavit Ex.PF. PW-9 Head Constable Sadhu Ram, who mainly Crl. Appeal No.D-905-DB of 2007 -5- deposed regarding delivery of Special Report to Illaqa Magistrate. PW-10 ASI Rajender Singh, who deposed regarding preparing of report under Section 173 Cr.P.C. PW-11 Surender Kumar, Photographer, who mainly deposed that he took two photographs which are Ex.P1 and P2 and their negatives are Ex.P3 and P4. PW- 12 SI Dharambir, who deposed regarding getting conducted post- mortem on the dead body of the deceased. He also deposed regarding disclosure statement of the accused and the recovery of knife by accused Ranbir Singh in pursuance of disclosure statement. PW-13 Inspector Ajmer Singh, who mainly deposed regarding investigation of the case. PW-14 Dr.G.N.Aggarwal, who conducted post-mortem examination on the dead body of deceased and found an incised wound 6.5 cm x 1.5 cm x 12 cm deep piercing the abdominal wall on the right side, vertically placed reaching to right kidney with laceration of right kidney with large amount of blood and clothes present causing tearing of underline all membranes 4.3 cm x 2 cm cut over the outer and anterior side. P.M. staining presently mildly present over the back. Rigor mortis was not seen. In the peritoneal cavity there was collection of blood. In the opinion of the doctor, cause of death was shock due to injury described above which was ante mortem in nature and sufficient to cause death in the normal course of nature. Learned Public Prosecutor tendered FSL report Ex.PO and closed the evidence.
At the close of the evidence, the accused-appellants were examined under Section 313 Cr.P.C. and the accused denied the Crl. Appeal No.D-905-DB of 2007 -6- correctness of the evidence and pleaded themselves innocent. It is also stated that the deceased has died due to fall on the sharp edged object on the road. In defence accused examined DW-1 Tikaram, Retired DSP, Jhajjar, who mainly deposed regarding his inquiry report Ex.D1 in which he found Himmat Singh as innocent. DW-2 Laxman, who deposed that Himmat used to reside along with his brother-in-law in his village for the last 5-6 years. In the enquiry, he had furnished his affidavit along with 4-5 others, who also furnished their affidavits. Those persons are Rattan Singh, Raldu, Sewa Singh etc. DW-3 Raj Singh, who mainly deposed that on 19.11.2004, at about 10.30-11.00 A.M., he was coming from New Bus Stand, Jhajjar. When he reached near Mata Ratna Hospital, he noticed that a lady was lying over the Dye Machine where some iron rods were also lying. Thereafter, he came from there and when he came at the cross road of Tehsil, Zile Singh met him there and at that time he was not knowing that the said body of woman was belonging to his wife.
On the basis of the evidence produced by the prosecution, accused-appellants Ranbir Singh and Himmat Singh were convicted and sentenced as stated above.
At the time of argument, learned counsel for the appellant contended that presence of Zile Singh complainant on the spot is doubtful. His conduct also shows that instead of taking injured to the hospital, he went to report the matter to the police. He further argued that as per statement of PW-14, dead body was brought by ASI Dharambir at 2.00 P.M., which also shows that complainant Zile Singh Crl. Appeal No.D-905-DB of 2007 -7- and his son Jarnail Singh were not present and have not seen the occurrence, otherwise, they might have shifted Krishana deceased to the hospital. Learned counsel for the appellants next contended that as per FSL report, the knife recovered from the accused in pursuance of disclosure statement was not blood-stained. Therefore, the weapon cannot be connected with crime. He further argued that due to criminal litigation between the parties, the accused have been falsely implicated in this case.
On the other hand, learned Addl. Advocate General, Haryana for the respondent-State argued that the case of the prosecution has been duly proved by the statements of the PW-5 Zile Singh and PW-6 Jarnail Singh, who are the eye witnesses to the occurrence. The motive is also proved by the prosecution. The statements of the eye witnesses are duly supported by the medical evidence and investigation of the case. Even the recovery of weapon further supports and corroborates the prosecution version. He argued that there is nothing on the record to show that both the appellants were not present on the spot. Therefore, he argued that appeal having no merit should be dismissed.
We have heard the learned counsel for the parties and with their assistance, have gone through the evidence on record minutely and very carefully.
From the evidence on record, we find that it is a case of direct evidence. PW-5 Zile Singh, who is the husband of Krishana deceased and PW-6 Jarnail Singh, who is son of deceased, both have Crl. Appeal No.D-905-DB of 2007 -8- consistently deposed that they were coming to the bus stand after attending the Court along with Smt.Krishana. Both the PWs deposed that Himmat Singh caught hold the deceased and Ranbir Singh gave knife blow to her. It is settled law that statements of witnesses is to be read as a whole and one line cannot be read in isolation of the other statement. Further, the statements of witnesses and evidence produced by the prosecution is to be taken as a whole to find the guilt of the accused or his innocence. The occurrence is stated to have taken place at about 11.00 A.M. As per medical ruqa, copy of which is placed on record, it was signed at 1.15 P.M. PW-6 Jarnail Singh stated that he had shifted his mother to the hospital and she was medically treated by the doctors and he was asked to sit outside. PW-5 Zile Singh nowhere says that he shifted Krishana deceased. In his statement he stated that when he was going to make arrangement of a vehicle, police party met him in the way. Such type of discrepancy occurs in the statement of rustic villagers. Zile Singh is a labourer. He gave the application after scribing the same from somewhere, to the police and ruqa was signed while making endorsement on the same which was sent at 1.15 P.M. for recording the FIR. There is no unnecessary delay in the present case to report the matter. The perusal of statement of Zile Singh shows that the police accompanied him to the place of occurrence. Blood-stained earth etc. was taken into police possession and that recovery memo was attested by him. The mere statement that thereafter, his son got his wife admitted in the hospital, is not a true fact. Rather, wife of Zile Crl. Appeal No.D-905-DB of 2007 -9- Singh was shifted by his son immediately to the Civil Hospital as the police must have come on the spot for lifting blood-stained earth etc. after sending of ruqa i.e. after 1.15 P.M. Therefore, only on the basis of this statement in chief examination, it cannot be held that Zile Singh was not present or his conduct was not natural. Even in the application, the fact regarding death was mentioned, which further shows that PW-5 Zile Singh has not rushed to inform the police immediately.
As regarding the fact that Dr.Ashok Chanana stated that the dead body was brought by ASI Dharambir for post-mortem, we find that it is in the statement of the Investigating Officer that the dead body was handed over, after preparing the inquest report, to ASI Dharambir along with application Ex.PG. Therefore, the doctor mentioned that the dead body was brought by ASI Dharambir. The statement of PW-5 Zile Singh is duly supported and corroborated by the other eye witness PW-6 Jarnail Singh. The perusal of the cross- examination of these witnesses nowhere shows that these PWs were not present on the spot and have not seen the occurrence. In cross- examination, PW-6 has also stated that when he went to arrange a transportation for his mother, his father had gone to report the matter to the police. This witness further stated that he had already gone to the hospital when his father came. There are no material improvements nor material contradictions in their statements which may go to the root of the case. The statement of both the PWs are duly supported and corroborated by medical evidence. Crl. Appeal No.D-905-DB of 2007 -10-
Further we find that recovery of knife by accused Ranbir Singh on the basis of disclosure statement, also supports and corroborates the prosecution version. If no human blood was found on the knife as per FSL report, in no way it creates doubt in the prosecution version. There is motive for causing the occurrence which is duly proved by PWs. However, no injury has been attributed to Himmat Singh accused. PWs have deposed that he had simply caught hold Krishana deceased. There was no necessity for caught holding deceased while giving knife blow by Ranbir Singh. As per defence witnesses, accused Himmat Singh was also found innocent during the investigation by Tikaram, Retired DSP, who has apprised the inquiry report. DW-2 has also deposed that he furnished his affidavit along with other 4-5 persons. All these facts create reasonable doubt regarding participation of accused Himmat Singh in the occurrence. Therefore, giving benefit of doubt to accused- appellant Himmat Singh, he is held not guilty of the charges framed against him and his conviction and sentence is set aside.
As regarding accused-appellant Ranbir Singh, the prosecution has proved its case by leading cogent evidence. There is nothing on record to support and corroborate the defence version or the fact that accused has been falsely implicated in the present case. The version that Krishana deceased has received injuries by falling on some sharp edged weapon cannot be believed. There is no such suggestion to the doctor that these injuries are possible by falling on some sharp edged weapon etc. Crl. Appeal No.D-905-DB of 2007 -11- Therefore, from the above discussion, appeal qua appellant No.1 Ranbir Singh is dismissed whereas appeal qua appellant No.2 Himmat Singh is allowed and he is acquitted of all the charges framed against him and as he is on bail, his bail bonds stand discharged.
(JASBIR SINGH ) (INDERJIT SINGH)
JUDGE JUDGE
January 11, 2013
Vgulati