Punjab-Haryana High Court
Deepinder Singh Alias Goga vs State Of Punjab on 20 January, 2020
Author: Harinder Singh Sidhu
Bench: Harinder Singh Sidhu
CRA-D-1001-DB-2016(O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRA-D-1001-DB-2016 (O&M)
Reserved on : September 17, 2019
Date of Decision: January 20, 2020
Deepinder Singh @ Goga ...Appellant
Versus
State of Punjab ...Respondent
2. CRA-D-1020-DB-2016 (O&M)
Parwan Singh @ Pana ...Appellant
Versus
State of Punjab ...Respondent
3. CRA-D-1143-DB-2016 (O&M)
Harinder Singh ...Appellant
Versus
State of Punjab ...Respondent
4. CRA-D-106-DB-2017 (O&M)
Jagjit Singh @ Jagga ...Appellant
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE RAJIV SHARMA,
HON'BLE MR. JUSTICE HARINDER SINGH SIDHU
Present: Mr. K.S.Dadwal, Advocate for the appellant
in CRA-D-1143-DB of 2016.
Mr.Tarundeep Kumar, Advocate for the appellant
in CRA-D-106-DB of 2017.
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CRA-D-1001-DB-2016(O&M) -2-
Mr.Pankaj Bhardwaj, Advocate for the appellant
in CRA-D-1020-DB of 2016.
Mr.Vivek Saini, Legal Aid Counsel for the appellant
in CRA-D-1001-DB of 2016.
Mr.N.S.Sodhi, Advocate for the complainant.
Mr.H.S.Grewal, Addl. A.G., Punjab.
***
HARINDER SINGH SIDHU, J.
Since common questions of law and facts are involved in the aforesaid appeals, the same are taken up together and disposed of by a common judgment.
2. All the four appeals have been filed by the appellants against their conviction and sentence vide judgment and order dated 26.10.2016 of the learned Additional Sessions Judge, Moga in Sessions case No.08 of 2013, whereby, they were charged with and tried for offences punishable under Sections 326-A, 307, 406, 498-A and 120-B of the Indian Penal Code (in short 'IPC') along with Paramjit Singh, Karamjit Kaur, Sukhmander Singh and Sukhminder Kaur. The appellants were convicted and sentenced as under:-
Name of Under Sections Sentence In default of
Convict- payment of fine
Appellant
Harinder Singh 307 IPC RI for life and fine RI for 02 years
of Rs.1,00,000/-
326-A IPC RI for life and fine RI for 05 years
of Rs.10,00,000/-
498-A IPC RI for 03 years and RI for 01 year
fine of Rs.10,000/-
Parwan Singh, 307 r/w 120-B RI for life and fine RI for 02 years 2 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -3-
Deepinder IPC of Rs.1,00,000/-, Singh and each. Jagjit Singh @ Jagga 326-A r/w 120- RI for life and fine RI for 02 years B IPC of Rs.1,00,000/-, each.
The sentences were ordered to run concurrently. Paramjit Singh, Karamjit Kaur, Sukhmander Singh and Sukhminder Kaur were acquitted.
3. The case of the prosecution in a nutshell is that on 11.07.2013, a wireless message was received from SHO Police Station Kotwali, Faridkot that Mandeep Kaur daughter of Shamsher Singh, resident of village Daya Kalan has been admitted in Government Hospital, Faridkot, due to acid injuries. On this DSP Jaswinder Singh along with ASI Gulzar Singh and other police personnel collected Ruqa from P.S. Kotwali, Faridkot and reached Shri Guru Gobind Singh Medical College, Faridkot and recorded the statement of Shamsher Singh, father of Mandeep Kaur. He stated that his daughter Mandeep Kaur was married with Harinder Singh about two years back. For the last one year, his daughter had a dispute with her husband. A divorce petition was pending before the Learned Sessions Judge, Moga. He along with his daughter was going to the Court on their Bajaj Chetak Scooter bearing No.PB-25B-3859 to attend the hearing in the said case. At about 9:30 a.m. when they reached near Gurukul School ahead of village Kokari Kalan and before sem nallah, then four persons on two motorcycles came from their back side from Kokari Kalan. On one motorcycle his son-in-law Harinder Singh was sitting on the pillion seat. They took one motorcycle to the right side of the scooter of the complainant. The other motorcycle on which his 3 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -4- son-in-law Harinder Singh was the pillion rider was taken to the left side of the scooter of the complainant. His son-in-law had a jug full of acid. He threw the acid on him and his daughter with an intention to kill them. The complainant and his daughter tried to save themselves, but accused Harinder Singh threw more acid on them. They were badly burnt. Both fell down on the road along with the scooter. His son-in-law Harinder Singh along with his companions ran away from the spot on the motorcycles. Some unknown person got them admitted in Civil Hospital, Moga for medical treatment, from where they were referred to Shri Guru Gobind Singh Medical College, Faridkot. He stated that Karamjit Kaur mother, Sukhmander Singh uncle and Sukhminder Kaur, wife of uncle of Harinder Singh used to threaten them that if his daughter did not remain with them and withdraw the cases, they would be burnt and acid would be thrown on them. On the basis of this statement, FIR was registered. Site plan was prepared. Statements of witnesses were recorded. Sand mixed with acid was taken into police possession from the spot. Accused were arrested. Accused Harinder Singh and Jagjit Singh suffered disclosure statement leading to recovery of a jug and a can of plastic. On 16.07.2013 statement of Mandeep Kaur was recorded, wherein, she implicated her father-in-law Paramjit Singh, mother-in-law Karamjit Kaur, uncle-in-law Sukhmander Singh and aunt-in-law Sukhminder Kaur about raising dowry demands. Offences under Sections 406 and 498-A IPC were added. After completing the investigation, challan was filed.
4. The prosecution examined number of witnesses in its support. The statements of the accused under Section 313 Cr.P.C. were recorded. They denied the allegations levelled against them and pleaded innocence. They examined DW1 4 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -5- Gurbant Singh in defence.
5. Harinder Singh accused stated that he and his wife Mandeep Kaur had solemnized their marriage against the wishes of their parents at Chandigarh. He and his wife Mandeep Kaur had taken protection orders from the Punjab and Haryana High Court. Their marriage ceremony was a very simple affair and no dowry or gifts were exchanged. Family members of Mandeep Kaur nurtured a grudge against him and his family as they had solemnized love marriage on their own. Due to this, complainant, father of Mandeep Kaur, hatched a conspiracy to take revenge and concocted a false story and camouflaged the alleged incident of throwing of acid upon themselves in order to falsely implicate him and his family members and to intimidate and frighten his wife Mandeep Kaur, so that she could take the side of the complainant. False case was got registered against him. The FIR is a revengeful tactic resorted to by the complainant to fulfill his illegal designs. The alleged recovery had been falsely foisted upon him.
6. Parwan Singh accused stated that he was not known as Panna. He had been falsely implicated in the case due to misguidance and over zealousness. In the year 2013 he was a student of Mahatma Gandhi Memorial School, Ahmedgarh, so there was no question of his presence at the alleged time and place of occurrence. He had nothing to do with the dispute of Harinder Singh with his family.
7. Deepinder Singh @ Goga accused stated that he had been falsely involved in the case due to misguidance and over zealousness. He had nothing to do with the dispute of Harinder Singh. He had been falsely implicated in the case being a co-villager of Harinder Singh. He had no connection with the occurrence 5 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -6- as alleged by the complainant and other witnesses.
8. Jagjit Singh @ Jagga accused stated that he had been falsely involved in the case. He had nothing to do with the dispute of Harinder Singh. He had been falsely implicated in the case. He had no connection with the occurrence as alleged by the complainant and other witnesses.
9. The appellants were convicted and sentenced as referred to above. Hence, these appeals.
10. We have heard learned counsel for the parties and have gone through the judgment and record.
11. PW-1 Shamsher Singh stated that he was an agriculturist. He had three children namely Hardeep Singh, Mandeep Kaur and Sandeep Singh. His daughter Mandeep Kaur was married to Harinder Singh accused in the year 2011 as per Sikh rites and rituals. After marriage accused Harinder Singh started beating his daughter Mandeep Kaur. Harinder Singh, his father, mother, maternal uncle used to demand dowry from his daughter Mandeep Kaur, regarding which a report had been lodged in Police Station Mehna, but the police did not take any action. On 11.07.2013 at about 9.30 a.m. he along with his daughter was going to the Court on a scooter to attend a divorce case which was pending in the Court at Moga. When they reached near Sem Nallah, near Gurukul school the accused were hiding behind Chari crop. One motor cycle was following them which was being driven by Jaswinder Singh. Parwan Singh was with him. The other motor cycle was standing ahead with Harinder Singh and Jagdish Singh Jagga. Harinder Singh and his companion parked their motor cycle from their left side and the other accused stopped them. Then Harinder Singh accused threw acid on him and his 6 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -7- daughter Mandeep Kaur three times after blowing horn. The purpose of blowing horn was to throw acid on the eyes of the complainant. The acid was thrown on the face, back and legs of the complainant. The acid thrown by Harinder Singh on his daughter fell on her entire body. He deposed that the motive for the attack was that the accused were demanding a luxury car.
12. He further deposed that Sandeep Singh, the son of the complainant, was also following them. He reached at the spot and got them admitted in Civil Hospital, Moga, from where the doctor referred them to Guru Gobind Singh Medical College and Hospital, Faridkot due to the seriousness of the injuries. His statement was recorded at Guru Gobind Singh Medical College and Hospital, Faridkot on the same day. He identified the accused in Court. He stated that he did not want to say anything more.
13. At the request of Ld. PP he was declared hostile.
14. In cross-examination by the Ld. PP he admitted that in his statement Ex.PA he had got recorded that Harinder Singh threw acid on him and his daughter with intention to kill them. He had also got recorded in his statement that they had tried to save themselves but the accused threw acid on them. He had also got recorded in his statement that Karamjit Kaur mother of Harinder Singh, Paramjit Singh his father, Sukhmander Singh and Sukhminder Kaur maternal uncle and aunt respectively of Harinder Singh had threatened that if Mandeep Kaur did not stay in the matrimonial home, acid would be thrown on the complainant and Mandeep Kaur. He also admitted that the accused persons had threatened them to withdraw the cases pending against them. He admitted that accused Harinder Singh had thrown acid with common intention of all the other accused.
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15. In cross-examination by Ld. counsel for accused Harinder Singh, he stated that in his statement before the Police he had got recorded that accused Harinder Singh had started beating his daughter after marriage. He was confronted with his statement Ex.PA wherein it was not so recorded. He had also got recorded in his statement that accused Harinder Singh was demanding dowry. He was confronted with his statement wherein it was not so recorded. He had got recorded in his statement before the Police that when they reached the Sem Nallah near Gurukul School, the accused were hiding in Chari crop. He was confronted with his statement Ex.PA wherein, it was not so recorded. He stated that the accused had come from the side of village Kokari Kalan and that he had not stated the fact about the accused hiding behind Chari crop in his statement. He admitted that he had not got recorded in his statement Ex.PA that accused threw acid after blowing horn. He stated that he had got recorded in his statement Ex.PA that his son Sandeep Singh was following them on his bike. He was confronted with his statement wherein, it was not so recorded. He denied the suggestion that some unidentified persons had thrown acid on them and that the accused had been falsely implicated.
16. In cross-examination by Ld. counsel for accused Jagjit Singh, he stated that he never visited village Burj Hari Singh (Raikot). He stated that he knew Jagjit Singh by face, but did not know his brothers and sisters. He stated that he had no relationship with Jagjit Singh. He stated that he had got recorded the name of Jagjit Singh with the police. He was confronted with his statement Ex.PA wherein, name of Jagjit Singh was not mentioned.
17. In cross-examination by Ld. counsel for accused Parwan Singh, he 8 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -9- stated that in statement before the police he had got recorded the names of all the accused, which included the name of Parwan Singh. He was confronted with his statement Ex.PA wherein, name of Parwan Singh was not mentioned. He stated that his daughter Mandeep Kaur remained in village Rachhin with her-in-laws for 15/20 days. During that period, he visited the families of her in-laws on the occasion and Rakhri and Sindhara. He stated that on that day from the place of occurrence till they reached the hospital, his daughter did not disclose the names of the accused as she was not in a condition to speak.
18. In cross-examination by Ld. counsel for accused Deepinder Singh, he stated that many of the things stated by him to the police had not been recorded in his statement Ex.PA. He had come to know of the wrong recording of his statement by the police and he had filed applications before the Senior Superintendent of Police but had not filed any complaint in Court. He did not know the Sarpanch etc. of Village Rachhin. He denied the suggestion that he did not recognise the assailants on the spot and he had given their names on the basis of suspicion. He stated that Deepinder is doing the course of nursing. This fact was also known to his daughter.
19. PW-2 Mandeep Kaur stated that she had solemnized Court marriage with Harinder Singh on 21.03.2010. Thereafter, ceremony as per Sikh rites was also performed. She had met Harinder Singh at a marriage function of her friend. Harinder Singh had told her that he was working as an ASI in Punjab Police, was a Graduate and owned 8 acres of land. Thereafter, they started talking to each other on phone. He invited her to a birthday party of his friend in his village. She went there. Harinder Singh served her a cold drink. After drinking it, she became 9 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -10- unconscious. When she regained consciousness after about one hour she felt that something wrong had happened with her. Harinder Singh told her that he prepared some obscene films of her with him and if she spoke about them to anybody or informed the police then he would upload them on the internet. She did not disclose about this to anyone due to fear. She solemnized Court Marriage with Harinder Singh against the wishes of her parents. After her marriage when she went to the house of her in-laws and checked the mobile phone of Harinder Singh accused, she found that there was no obscene film in his mobile phone. On being confronted, Harinder Singh stated that he had done so to pressurize her. She also came to know that he was not working in the Punjab Police Department nor he was Graduate. He also did not own any property. Then a quarrel started between her and Harinder Singh. Her mother-in-law Karamjit Kaur and father-in-law Paramjit Singh came to know of the same. They called Sukhminder Kaur and Sukhmander Singh JE (mama-mami of Harinder Singh). All five of them namely; Harinder Singh, Karamjit Kaur, Paramjit Singh, Sukhminder Kaur and Sukhmander Singh told her that she had not brought sufficient dowry. They demanded Rs.10 lakh in cash and a car. All of them also beaten her. Then she went to hostel at Adesh University, Bathinda, where she completed her B.Sc. and returned to her parental house. She told the entire story to her father. Her father talked to her in-laws and told them that he does not have the capacity to pay Rs.10 lakh and give a car. However, they did not agree and continuously threatened her that if she did not bring the car and cash they would kill her. Her father suggested that she should study ILETS whereafter she could go abroad. She accordingly went to Mohali. Then Harinder Singh started going to Mohali. He used to stand in front the PG 10 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -11- where she was staying and in front of her ILETS centre. He threatened her that if their demands of dowry were not met he would kill her. In this regard, she had moved many applications to SSP, Mohali but to no effect. Thereafter, she filed an application for divorce. She had also filed an application seeking maintenance and an application under the Domestic Violence Act at Moga. She then went to her parental house. The accused threatened her to withdraw the said cases otherwise she would be killed. Then she moved an application at P.S. Mehna but no action was taken. She produced copy of petition under the Domestic Violence Act (Mark- A) and a copy of petition under Section 125 CrPC (Mark-B).
20. She further deposed that on 11.07.2013 she and her father were coming to Court to attend the divorce petition at Moga. When they crossed village Kokari Kalan, behind Gurukul School, then two bikes came there, one from their left side and the second from their right side. The motorcycle to their right was driven by Deepinder Singh and Parwan Singh was pillion rider. They were friends of Harinder Singh. The motorcycle/bike which was to their left was being driven by one Jagga and Harinder Singh was sitting behind him. The persons who were riding the motorcycle on the right side stopped them. Harinder Singh had a jug filled with acid. He threw the acid on her face and body. He also threw the acid on the body of her father. She and her father suffered acid burn injuries. Her left eye has been totally damaged. She and her father fell on the ground. Her brother Sandeep Singh was following them on bike and witnessed the entire occurrence. He took both of them to Civil Hospital, Moga. After giving first aid, they were referred by the doctor to Medical College, Faridkot. From Medical College, Faridkot, they were further referred to DMC&H, Ludhiana in view of their serious 11 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -12- condition. She remained in burn ICU ward for about 4-5 months. She stated that she was still under treatment and had not regained her proper eye sight. She had undergone many surgeries. She deposed that the acid had been thrown by Harinder Singh in conspiracy with all the accused. She identified the accused in Court. She stated that copy of application given to Police Station, Mehna was Mark-C. She had got recorded her statement before the police on 16.07.2013 at DMC, Ludhiana. The same bears her thumb impression and was Mark-D. She proved her photograph before the incident Ex.P1 and her photographs and that of her father after the occurrence Ex.P2 to Ex.P15.
21. In cross examination by Ld. counsel for accused Harinder Singh, Paramjit Singh and Karamjit Kaur, she stated that the B.Sc. nursing course at Adesh University, Bathinda was a four year course. She had taken admission in the course in September, 2008 and completed it in September, 2012. She stayed at Bathinda during the course. Her marriage was performed on 21.03.2010. After her marriage she used to stay at Bathinda because of her course. For 2-3 months she had gone to her in-laws house. After her marriage she had stayed at her in-laws house continuously for one month. Then, she went to her college at Bathinda but she regularly visited her in-laws house for 2-3 months. She later on shifted to her parental home. She visited her in-laws house 5-6 times after shifting to her parental house till the date of the incident. She stated that she had visited Rachhin the village of her in-laws for about six months after her marriage and never gone there later. She had jointly filed a petition with Harinder Singh in the Punjab and Haryana High Court seeking protection after solemnizing marriage with Harinder Singh. Even after she had shifted to her parents house the harassment on the part 12 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -13- of Harinder Singh continued. She had not moved an application at that time regarding the demand of dowry or any other kind of harassment. She denied that after her marriage and till the completion of her B.Sc. nursing course, Harinder Singh paid all the expenses. She denied that till she had completed her B.Sc. she was regularly visiting her in-laws house and had cordial relations with her husband and in-laws. She admitted that her marriage was simple and no dowry articles, gifts were exchanged at that time. She stated that in her application under the Domestic Violence Act and the petition under Section 125 Cr.P.C. she had recorded that the accused had threatened her that he would kill her by pouring acid. She was confronted with Mark-A, Mark-B and Mark-C wherein, it was not so mentioned. She stated that no Test Identification Parade was carried out by the police.
22. In cross-examination by Ld. counsel for accused Parwan Singh, she stated that after the occurrence when they reached at Civil Hospital, Moga the police had met them there. She and her father were in the same room in the hospital but there was a curtain in between. In the hospital at Moga her father had narrated the occurrence to the police. She, however, was not questioned by the police regarding the incident. She stated that she knew the accused by face and also knew their nick names i.e., Deepinder Singh @ Goga, Jagjit Singh @ Jagga, Parwan @ Panna and Harinder Singh. She had not mentioned the above names to her father. She did not tell the above names to her brother as well. At Medical College, Faridkot she was not questioned by the Police as she was not in a condition to speak. The police recorded her statement on the next day after she had been admitted at DMC, Ludhiana. In her statement to the police, she had mentioned the names of other accused accompanying Harinder Singh. Her 13 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -14- attention was drawn to statement Mark-D, wherein, it was not so mentioned. The names of the co-accused of Harinder Singh were known to her earlier. She stated that she did not tell the descriptive features of any of the friends of Harinder Singh as the police did not ask for the same. She came to know about the arrest of the accused two days after her statement was recorded on 14.07.2013.
23. In cross examination by Ld. Counsel for accused Deepinder Singh, she stated that in the village of her in-laws Rachhin, she had stayed with her husband in a harmonious manner for about 25 days. During that period she did not attend any public function. She did not know the names of the parents of Deepinder Singh and also did not know whether they were dead or alive. She had never gone to the house of Deepinder Singh. She also did not know where he was studying. After the incident she and her father had fallen down and they were lifted by her brother, then they were taken in a vehicle. In her statement to the police she had not mentioned this fact. She stated that the police had not conducted Test Identification Parade.
24. PW-3 Constable Dilraj Singh deposed that on 11.07.2013 he handed over the special reports of the case to Mrs.Sanjeeta, the then CJM/Duty Magistrate, Moga and other relevant officers.
25. PW-4 ASI Gulzar Singh stated that on 11.07.2013, he was posted at P.S. Ajitwal. On that date, he received information that some persons had thrown acid on Shamsher Singh and Mandeep Kaur and they are admitted in Civil Hospital Moga. The information was received orally. He informed DSP Jaswinder Singh Gharu, DSP, Sub Division Nihal Singh Wala. They went to Civil Hospital, Moga. On learning that they had been referred to Shri Guru Gobind Singh Medical 14 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -15- College and Hospital, Faridkot, he along with police officials went to the hospital at Faridkot where DSP Jaswinder Singh Gharu recorded the statement of Shamsher Singh Ex.PA. Shamsher Singh appended his signatures at Point-A. The DSP made his endorsement Ex.PA/1. DSP sent ruqa through constable Sukhjinder Singh to get the FIR registered and formal FIR Ex.PW3/A was registered by ASI Balbir Singh. Thereafter, he (PW4) along with other police officials went to the place of occurrence near Gurukul School in the area of village Kokari Kalan. He prepared rough site plan Ex.PW4/A. He took into possession the burnt clothes of Mandeep Kaur i.e. salwar and kameez vide Memo Ex.PW4/B. He also took into possession scooter PB-25-B-3859 Bajaj Chetak vide memo Ex.PW4/C. He also took into possession the plain earth and ash from the spot vide memo Ex.PW4/D. On return to the police station, he deposited the said articles with the MHC.
26. On 12.07.2013, Sandeep Singh went to Police Station Ajitwal and got recorded his statement. He also produced the photographs of the place of occurrence, which were taken into possession by him vide memo Ex.PW4/E. He proved the photographs Ex.P1 to Ex.P30 (objected to on the ground of mode of proof).
27. On 13.07.2013 when he and other police officials were investigating the case, Sandeep Singh met them in front of gate of the Police Station. He was joined in the Police party. When they were standing at Bus Stand Kokari Kalan, one motor cycle No.PB-10-EB-0448 came which was being driven by Harinder Singh accused. He does not remember its make and colour. Parwan Singh alias Panna and Jagjit Singh were pillion riders. Sandeep Singh identified them. He took into possession the motor cycle vide memo Ex.PW4/F. Again said the 15 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -16- number of above said motorcycle was '0484' and not '0448'. The persons on the motorcycles disclosed their names as Harinder Singh, Parwan Singh and Jagjit Singh. They were arrested vide arrest memos Ex.PW4/G, Ex.PW4/H and Ex.PW4/I.
28. On 15.07.2013, he along with other police officials was present at Bus Stand Dhudi Ke. Sandeep Singh met them and was joined in the investigation. When they were going towards village Chuhar Chak in connection with investigation of the case they saw one motorcycle No.PB-10EB-0484 which was being driven by Deepinder Singh who was identified by Sandeep Singh. He was apprehended and arrested. Arrest memo, Personal Search memo and Intimation memo were prepared on the spot. He proved Intimation memo regarding arrest of Deepinder Singh Ex.PW4/J, arrest memo Ex.PW4/K and personal search memo Ex.PW4/L. The motorcycle was taken into possession vide memo Ex.PW4/F. On return to the Police Station, the case property was deposited with MHC of the Police Station. He stated that no other investigation was conducted by him. (At the request of Ld. PP he was declared hostile).
29. In cross-examination by Ld. PP, he disclosed that he had not taken into possession the clothes of Shamsher Singh and Mandeep Kaur. The same were handed over to him by the Doctor at Guru Gobind Singh College and Hospital, Faridkot on 11.07.2013. He had prepared two separate parcels of clothes which on return to the Police Station were deposited with MHC Gurmeet Singh. Scooter No.PB-25-B-3859 was also deposited by him in the Malkhana of the Police Station. He admitted that it was correct that the number of the motorcycle which was taken into possession by him and was being driven by Harinder Singh on 16 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -17- which Jagjit Singh and Parwan Singh were pillion riders, was PB-10-BZ-6999 and not PB-10-0484. He admitted that the motorcycle number 6999 was taken into possession by him on 13.07.2013 vide Ex.PW4/M. On return to the Police Station he deposited the said motorcycle in the malkhana. He admitted that on 15.07.2013 accused Harinder Singh @ Happy and Jagjit Singh suffered joint statement PW4/T that they had kept concealed one plastic jug used while throwing acid and one plastic can in which there was some acid concealed in Chari fields near village Kokari Kalan and that they could get the same recovered. The same day, Harinder Singh and Jagjit Singh led the police party to the disclosed place and got recovered one plastic can in which there was some acid and one jug, which were taken into possession vide recovery memo Ex.PW4/U. On return to the Police Station the said articles were deposited with the MHC. He had also prepared a site plan of the recovery of the plastic jug and plastic can Ex.PW4/V which bore his signatures. He admitted that he arrested accused Deepinder Singh on 15.07.2013. He identified the accused in the Court. He proved the FSL report Ex.PW4/X. He proved the application dated 15.07.2013 to the doctor regarding fitness of Mandeep Kaur to make statement Ex.PW4/Y. He admitted that the doctor declared her fit to make statement vide endorsement Mark PW4/1. He proved the statement of Mandeep Kaur Ex.PW4/Z which was recorded by him in the presence of the doctor and which bears the thumb impression of Mandeep Kaur and the doctor concerned. He admitted that on 27.08.2013 he took into possession the RC of motorcycle No.PB-10-BZ-6999 vide recovery memo Ex.PW4/AA. Photocopy of RC of motorcycle No.PB-10-EB-0484 was Mark PW4/3. He identified the loose parcels of clothes stained with acid Ex.MO1 and Ex.MO2, Nip 17 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -18- of acid Ex.MO3, loose plastic bottle containing earth Ex.MO4, sealed parcel of jug Ex.MO5. He also identified scooter No.PB-25-B-3859 and two motorcycles bearing Nos.PB-10-BZ-6999 and PB-10-EB-0484.
30. PW-5 Sandeep Singh stated that on 11.07.2013 at about 9.30 a.m., he was going to his college North West College Dhudi Ke on his motorcycle make Discover No.PB-25-D-0222. His father and sister Mandeep Kaur were going to attend the Court at Moga, in regard to her divorce case on Scooter No.PB-25-B- 3859 driven by his father. His sister was sitting on the pillion. When he reached behind the sem nallah which is on link road leading to GT Road where his father and sister were going ahead of him, two motor cycles overtook him. One motor cycle was being driven by Deepinder Singh alias Goga son of Jatinder Singh. Parwan Singh alias Panna was sitting on the pillion seat. Second motor cycle was being driven by Jagjit Singh son of Boota Singh and Harinder Singh alias Happy, the husband of Mandeep Kaur was sitting on the pillion seat. The registration number of motor cycle driven by Jagjit Singh was PB-10-BZ-6999 and registration number of other motor cycle was PB-10-EB-0484. Deepinder Singh stopped his motor cycle in front of the scooter of his father and stopped him. Then accused Harinder Singh who was having a plastic jug in his hands filled with acid threw the acid on his father and sister due to which the face, neck and chest of his sister were severely burnt. His father sustained injuries on his face and back. Both his sister and father fell from the scooter on the road side. All the accused ran away from the spot on their motor cycles. He reached the spot. Many other people also gathered there. Then one vehicle/car of unknown person reached at the spot. On signalling, the vehicle stopped. He took his father and sister to Civil Hospital, 18 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -19- Moga. After being given first-aid they were referred to GGS Medical College and Hospital, Faridkot. From there, due to their serious condition, his father and sister were referred to DMC Hospital, Ludhiana. He identified the accused in the Court. He knew them before the occurrence as they used to visit in-law's house of his sister Mandeep Kaur. ASI Gulzar Singh arrested accused Harinder Singh, Jagjit Singh and Parwan Singh at Kokari Kalan Bus Stand on his identification when they were coming on motor cycle No.PB-10-BZ-6999 on 13.07.2013. Deepinder Singh alias Goga was arrested by ASI Gulzar Singh on 15.07.2013 when he was riding motor cycle No.PB-10-EB-0484 on the road from village Dhudi Ke to village Chuhar Chak.
31. In cross-examination by Ld. counsel for accused Jagjit Singh, he stated that he was a student of Chemical Engineering. The timing of his college was from 9 am to 4 pm. The occurrence took place in the last days of his degree. Therefore, he was going to the college to meet his friends and not to attend the college. On the day of occurrence, he was not present in the college. The dispute between his sister and her husband started 4-5 months after the marriage. His (PW5) statement was recorded by ASI Gulzar Singh in PS Ajitwal on 12.07.2013. He had got recorded the names of the accused in his statement. He was confronted with his statement Mark-A wherein it was not so recorded. When the Police recorded the statement of his father, he was accompanying him.
32. In cross examination by Ld. counsel for accused Deepinder Singh, he stated that he had got recorded in his statement before the police that the motorcycle of the accused overtook him behind the sem nallah. He was confronted with the statement Mark-A wherein, it was not so recorded. He stated 19 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -20- that he did not remember, whether he got recorded that accused Deepinder was driving the motorcycle No.PB-10-EB-0484. His attention was drawn to Mark-A wherein, this fact was not recorded.
33. In cross-examination by Ld. counsel for Harinder Singh, Paramjit Singh and Karamjit Kaur, he stated that the marriage of his sister was solemnized at Jagraon. At the time of marriage she was in 1st year of B.Sc. Nursing. After marriage, she completed her B.Sc. She used to go to her in-laws house during weekend during 2--3 months of the marriage. The relations between his sister and her husband remained cordial for 4-5 months. Thereafter, she started residing with her parents.
34. PW-6 Doctor Rajinder Kumar Mittal, Professor Department of Plastic Surgery, DMC & Hospital, Ludhiana brought the original Bed Head Ticket of Shamsher Singh son of Mohinder Singh resident of village Daya Kalan. He was admitted in the Emergency of DMC and Hospital, Ludhiana on 11.07.2013 vide CR No.2013-102070 with alleged history of throwing of some chemical by some persons at 9.00 am on 11.07.2013. He was brought by Sandeep Singh. At that time he had chemical burns over chest, whole of back, back of neck and face. The patient was treated in Burn Department and was discharged on 27.07.2013. As per narration of the patient there was history of throwing acid over him when he was going on a motor cycle with his daughter. Some unidentified persons had thrown some liquid over them. He was diagnosed as having 30 to 35% chemical burns. He was treated in Burn Department under his supervision. He identified the signatures of Doctor Nikhil Garg who had recorded the initial history of the patient. He also identified the signatures of Dr. Rishi Dhawan who had recorded 20 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -21- the narration made by the patient. He proved the original Bed Head file/ticket Ex.PW6/A.
35. PW-7 ASI Jaipal Singh stated that on 11.07.2013, he was posted at PS Ajitwal. On that date, he along with ASI Gulzar Singh was present in the Police Station Ajitwal. Information was received by ASI Gulzar Singh that Shamsher Singh and his daughter Mandeep Kaur were admitted in Civil Hospital, Moga and had been referred to Guru Gobind Singh College and Hospital, Faridkot. One QST was received by MHC Gurmeet Singh in this regard. Then he along with ASI Gulzar Singh, C.Sukhwinderpal Singh went to the hospital at Faridkot, where DSP Jaswinder Singh Gharro was also present. Shamsher Singh got his statement Ex.PA recorded before DSP Jaswinder Singh. Then the doctor produced the clothes of injured Shamsher Singh and Mandeep Kaur before ASI Gulzar Singh, who prepared two separate parcels of these clothes and sealed the same. They were taken into possession vide memo Ex.PW4/B. Then they went to the spot. The IO took into possession simple earth and earth with acid from the spot and prepared two separate parcels which were taken into possession vide memo Ex.PW4/D. One scooter No.PB-25-B-3859 of complainant Shamsher Singh was taken into possession vide memo Ex.PW4/C.
36. In cross examination on behalf of the accused, he stated that at the time of recording of statement of Shamsher Singh, Mandeep Kaur was also present. Mandeep Kaur and Sandeep Singh were not questioned about the occurrence, nor did they disclose anything about the occurrence. He admitted that till then only the name of Harinder Singh, Paramjit Singh, Karamjit Kaur, Sukhmander Singh and Sukhminder Kaur had appeared and the rest were 21 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -22- mentioned as unknown in the memos Ex.PW4/B, Ex.PW4/C and Ex.PW4/D. The police had stayed at Medical College Faridkot for 4-4½ hours from 2 pm to 6.30 pm. Persons of the locality were joined in the investigation. All of them showed ignorance about the identity of the assailants. The Police had stayed at the place for about 4 hours.
37. PW-8 HC Jagdev Singh stated that on 13.7.2013, he was posted at P.S. Ajitwal. On that date, he along with ASI Gulzar Singh, C- Davinder Singh, HC- Parminder Singh, C-Amandeep Singh was going from Kokari Kalan to Galab in connection with investigation of this case. Sandeep Singh, brother of Mandeep Kaur was also with them. On the way they saw three persons coming on a motor cycle from the front side. Sandeep Singh identified them as being the same boys who had thrown acid on his sister. They were apprehended. They disclosed their names as Harinder Singh, Parwan Singh and Jagjit Singh. They were arrested vide separate arrest memos Ex.PW4/G, Ex.PW4/H and Ex.PW5/1. Motor cycle bearing registration No.PB-10-EB-6999 again said PB-10-BZ-6999 was also taken into possession vide separate memo Ex.PW4/M. He also deposed regarding the arrest of Deepinder Singh @ Goga on 15.07.2013 and taking into possession of motor cycle No.PB-10EB-0484 which he was riding, vide memo Ex.PW4/F. He identified the accused in the Court.
38. PW-9 Dr. Nikhil Garg, Resident Surgery, DMC & H Ludhiana testified that on 11.07.2013, patient Mandeep Kaur was admitted to DMC&H vide CR No.2013/102071 at 5:14 p.m. He was on emergency duty and attended the patient. It was a case of alleged history of some chemical burn as narrated by Sandeep Singh. Patient had around 30 to 35% chemical burn. After the initial 22 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -23- care, patient was shifted to Burns ICU in stable condition. She was further treated by plastic surgery team consisting of Dr. R.K.Mittal and Dr. Avinash and eye team consisting of Dr. Priyanka and Dr. Sukhraj of DMC&H Ludhiana. She brought the original treatment file Ex.PW9/A. The file contains the doctor notes from pages numbering 1 to 113. He identified his signatures on page No.1 and 2 and that of other doctors who treated the patient.
39. In cross examination, he stated that he did not know the patient personally. He admitted that Sandeep Singh had not disclosed whether the assailants were one person or more.
40. PW-10 C-Harjinder Singh tendered in evidence affidavit Ex.PW10/A wherein he deposed that on 18.07.2013 MHC Gurmeet Singh handed over to him one parcel of plastic jug of acid, one parcel of quarter of acid 180 ml., one parcel of plastic box containing acid mixed soil, one parcel of belongings of Mandeep Kaur, one parcel containing belongings of Shamsher Singh, all sealed, to deposit in FSL Mohali. He deposited all five parcels in the office of FSL Mohali and handed over the receipt to MHC.
41. PW-11 (PW-11 mentioned second time) HC-Gurmeet Singh tendered his affidavit Ex.PW11/A stating that he was posted as MHC PS Ajitwal. On 11.07.2013 ASI Gulzar Singh deposited with him one parcel of plastic jug from which acid was found at the time of occurrence, one sample parcel containing 180 ml acid, one parcel of plastic box containing acid mixed soil, one parcel of belongings of Mandeep Kaur, one parcel of belongings of Shamsher Singh duly sealed. On 18.07.2013 he handed over the parcels to Constable Harjinder Singh for deposit in FSL Mohali, who after depositing it, handed over the receipt to him 23 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -24- on the same day.
42. PW-11 Dr. Priyanka Arora, Assistant Professor, Department of Ophthalmology DMC and Hospital, Ludhiana deposed that Mandeep Kaur daughter of Shamsher Singh was admitted in Burn ICU on 11.07.2013. She was first examined by her on 12.07.2013. Patient gave history of alleged acid attack. Examination showed poor vision in both the eyes with swelling and necrosis of both the eye lids and cornea. Medical treatment was started and followed up daily. Patient was doing well till 26.07.2013 when it was noticed that her left eye developed corneal melting because of chemical burns. On 29.07.2013 examination under anaesthesia was performed and tarsorrhaphy was done. Because of exposure due to loss of eye lids, the cornea could not be saved and patient lost the eye. She proved the original pages on medical file and relevant pages on the medical file Ex.PW11/A to Ex.PW11/D. She also proved the relevant record and other record pertaining to treatment of Mandeep Kaur in original file Ex.PW9/A.
43. In cross examination by Ld. counsel for Parwan Singh and Harinder Singh, she admitted that at the time of her admission Mandeep Kaur herself gave history of the occurrence that some unknown persons had thrown acid on her. Ex.DX was correctly recorded as per statement given by Mandeep Kaur. Mandeep Kaur was accompanied by her father and brother when she gave the history of occurrence. Her brother Sandeep Singh was also present and signed Ex.DX in token of its correctness.
44. PW-12 Dr. Salvinder Singh Toor, Resident in Surgery-I Department, GGS Medical College and Hospital, Faridkot deposed that on 11.07.2013 patients Mandeep Kaur daughter of Shamsher Singh and wife of Harinder Singh and 24 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -25- Shamsher Singh son of Mohinder Singh were admitted in their hospital at 12.22 p.m. Patients were referred from Civil Hospital, Moga with alleged history of burn (chemical burns injury). At the time of admission the general condition of both patients was stable. After initial management, patients were referred to Institute of their choice on their request. He brought the original bed head tickets of patients. As per photo copy Ex.PW12/A Mandeep Kaur had more than 60% burns. He proved photo copy of bed head ticket of Shamsher Singh Ex.PW12/C. As per medical record of Shamsher Singh, he was suffering from around 40% burn injuries.
45. In cross examination by Ld. counsel for the accused, he stated that the patients had not disclosed the names and identity of persons who had thrown chemical on them. Shamsher Singh was fit to make statement, but had not named the assailants.
46. PW-12 (PW-12 mentioned second time) HC-Darshan Singh stated that on 11.07.2013, he along with ASI Gulzar Singh and other police officials went to the place of occurrence near Gurukul School on Kakori road. From the fields nearby a jug, one plastic can were lifted and taken to the Police Station. On 15.07.2013, he was present in the police party headed by ASI Gulzar Singh, who arrested accused Harinder Singh. Thereafter, he did not know what had happened.
47. At the request of Ld.PP he was declared hostile.
48. In cross examination by Ld.PP, he admitted that it was correct that accused Harinder Singh @ Happy suffered disclosure statement before ASI Gulzar Singh that he along with accused Jagjit @ Jagga, Panna and Deepinder Singh @ Gora had poured acid on Mandeep Kaur and the plastic can containing acid along 25 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -26- with remaining acid had been kept concealed by him in chari field in village Kokari Kalan and that he could get the same recovered. He admitted that in pursuance of the said disclosure statement Ex.PW4/P accused got recovered the plastic can and plastic jug, which were taken into possession vide recovery memo Ex.PW4/H. He also admitted that on 15.07.2013 ASI Gulzar Singh had arrested Deepinder Singh @ Goga and that one motorcycle bearing Reg.No.PB-10EB-0484 was recovered from him and taken into possession vide memo Ex.PW4/F.
49. In cross-examination by Ld. counsel for the accused, he admitted that the alleged recovered plastic can and jug had no specific mark of identification and are easily available in the market. He admitted that he had not seen the plastic can and jug in the Court, nor could he describe its size and dimensions.
50. PW-13 Dr. Ashutosh Kumar Roy, Junior Doctor, Department of Surgery, GGS Medical College & Hospital, Faridkot deposed that on 11.7.2013, patient Mandeep Kaur wife of Harinder Singh and Shamsher Singh S/o Mohinder Singh were got admitted there after being referred from Civil Hospital, Moga. Patient Mandeep Kaur was admitted under the Department of Surgery G.G.S. Medical College, Faridkot where he was working as junior doctor. He had prepared the discharge on request slip as directed by his senior doctor working as faculty in the hospital. Same is Mark-19/A, in the medical record pertaining to Mandeep Kaur Ex.PW12/A. He also prepared the discharge on request card for Shamsher Singh. Same is Mark-19/B, in Ex.PW12/C in the medical record pertaining to Sahamsher Singh. He proved the photocopy of Bed Head ticket of Shamsher Singh Ex.PW12/C and photocopy of Bed Head ticket of Mandeep Kaur Ex.PW12/A. The treatment was conducted by Dr. Salvinder. He only made the 26 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -27- discharge cards.
51. PW-13 (PW-13 mentioned second time) Gurmeet Singh, Sr. Assistant, Office of District Transport Officer, Ludhiana, brought the original record Ex.PW13/A pertaining to registration of motor cycle No.PB-10EB-0484 in the name of Deepinder Singh son of Jatinder Singh of village Rachhin. Mark PW4/3 is photo copy of said Registration Certificate.
52. PW-14 Dr. Ashok Singla, Medical Officer, Civil Hospital, Moga stated that on 11.07.2013, he was posted at Civil Hospital, Moga. At 9.50 am, he attended Shamsher Singh son of Mohinder Singh resident of Daya Kalan Moga. He was brought to emergency with alleged history of acid burns in the morning. His vitals were as under:
1. Blood pressure was 110/70
2. Pulse 84 per minute
53. There were superficial to deep burns on the whole back of the patient. Blisters were present at places. Approximate burns he suffered was 20%. He was given treatment and after advise from Dr. Navraj Singh Surgical Specialist, he was referred to Guru Gobind Singh Medical College, Faridkot at 10.25 am. He proved the Bed Head Ticket Ex.PW14/A. He deposed that at about 9.50 am on 11.07.2013, he also attended Mandeep Kaur wife of Harinder Singh daughter of Shamsher Singh resident of village Rachhin District Ludhiana. She was also brought to emergency with alleged history of acid burns in the morning. Her vitals were normal. She was suffering from superficial burns on chest, abdomen, upper limbs, lips, face, neck and thighs (anterior aspect). Blisters were present at places. Approximate burns were 50 to 55%. After treatment and as advised by Dr. Navraj 27 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -28- Singh, Surgical Specialist, she was referred to GGS Medical College and Hospital, Faridkot at about 10:25 am. He proved her Bed Head Ticket Ex.PW14/B. He also proved the copies of the original emergency OPD register containing the entry regarding the admission of Mandeep Kaur and Shamsher Singh Ex.PW14/C and Ex.PW14/D. He also brought the register regarding the intimation sent to the Police Station, Mehna regarding the admission of injured in acid attack. Photo copy of carbon copy of which is Ex.PW14/E.
54. In cross-examination by Ld. counsel for the accused, he stated that the information in Bed-Head Tickets Ex.PW14/A, PW14/B and information sent to the police Ex.PW14/E was mentioned as per history given by both the patients. Both patients had not disclosed anything about the occurrence and assailants.
55. PW-15 Baljinder Singh brought the original register regarding the registration of motor cycle bearing No.PB-10BZ-6999. It was registered in the name of Santokh Singh son of Harnam Singh resident of VPO Rachhin District Ludhiana. He proved the original Registration Certificate Ex.PW4/2.
56. PW-16 Jaswinder Singh, DSP Headquarter Moga stated that on 11.07.2013, he was posted as DSP Sub Division Nihal Singh Wala. On that day he recorded the statement of Shamsher Singh son of Mohinder Singh resident of Daya Kalan which was read over to him and in token of its correctness, he put his signatures on the same. He proved the statement Ex.PA. On the basis of the statement, FIR Ex.PW3/A was recorded by ASI Balbir Singh. Further investigation of this case was conducted by ASI Gulzar Singh.
57. In cross examination by Ld. counsel for the accused, he stated that except for recording the statement he did not conduct any investigation in the case.
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He received information about the incident in his office situated at Badhni Kalan at about 10 am. He reached GGS Hospital, Faridkot at 1.30 pm. At the time of recording the statement of Shamsher Singh, Mandeep Kaur d/o Shamsher Singh was on the adjacent bed. However, she was not fit for making statement. He had obtained the unfit certificate regarding Mandeep Kaur, but did not make any ruqa regarding that. He had recorded the statement of Shamsher Singh without any omission or addition. Name and physical appearance of accused Parwan was not disclosed during the course of statement Ex.PA. No role was attributed to accused Parwan in statement Ex.PA. Sandeep had not made any statement to him regarding the occurrence. He had received information over a red-alert flash about the occurrence. Till that time, no name of any accused had appeared.
58. PW-18 Dr. Gaurav Sharma, Resident General Surgery, DMC & Hospital, Ludhiana stated that on 16.07.2013 police recorded statement Ex.PW4/Z of Mandeep Kaur wife of Harinder Singh @ Happy son of Paramjit Singh, resident of Rachhin, Tehsil Raikot, District Ludhiana. This statement also bears his signature Ex.PW4/Z/1. He signed on the same at 12:15 am on 16.07.2013. Mandeep Kaur also put her thumb impression on her statement in his presence. He was posted in the Plastic Surgery ward at that time and conducted treatment of Mandeep Kaur wife of Harinder Singh. Her admission number is 2013-30687, date of admission 11.07.2013, Department/Ward Plastic Surgery. She was under
treatment due to chemical burns/acid burns. His routine notes regarding the treatment of Mandeep Kaur are Ex.PW18/A, Ex.PW18/B, Ex.PW18/C, Ex.PW18/D which are in his hand and bear his signature. He also identified the signatures of Dr. Avinash Senior Resident Doctor of Plastic Surgery at DMC&H, 29 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -30-
Ludhiana at that time. The treatment file of Mandeep Kaur at DMC, Ludhiana, in original is Ex.PW18/F (objected to). He deposed that as per the original medical file of treatment pertaining to Shamsher Singh son of Mohinder Singh, whose CR number is 2013102070, admission No.2013-30688, date of admission 11.07.2013 in the Plastic Surgery Department due to the chemical/acid burns. The treatment of Shamsher Singh is Ex.PW18/G, Ex.PW18/H, Ex.PW18/I, Ex.PW18/J, Ex.PW18/K, Ex.PW18/L, Ex.PW18/M, Ex.PW18/N, Ex.PW18/O, Ex.PW18/P, Ex.PW18/Q, Ex.PW18/R, Ex.PW18/S, Ex.PW18/T, Ex.PW18/U, Ex.PW18/V. These medical notes of the treatment of Shamsher Singh son of Mohinder Singh, resident of village Daaya Kalan bear his signature. He also identified his own signatures and that of Dr.Avinash on medical file Ex.PW6/A.
59. In cross examination by Ld. counsel for the accused, he stated that Ex.D1 is the first page of file Ex.PW6/A relating to history given by Shamsher Singh himself stating that some unknown people threw some liquid over them. He stated that the history of the patient was not written by him. Ex.D2 is the history narrated by Sandeep Singh, which was written by Dr.Nikhil Garg.
60. Ld. PP tendered in evidence certified copy of judgment Ex.PX and report of Chemical Examiner Ex.PW4/X (already exhibited).
61. DW-1 Gurbant Singh stated he remained Sarpanch of the village for one term from the year 2003 till 2008. He knew Paramjit Singh and his wife Karamjit Kaur, who were residents of his village and were his immediate neighbors. Their son Harinder Singh had got solemnized love marriage with a girl from Daya Kalan on his own without consent of his or her parents. Harinder Singh accused never resided with his parents after marriage. Paramjit Singh, his father 30 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -31- had disinherited and disowned him. Paramjit Singh and his wife Karamjit Kaur, the parents of Harinder Singh had been falsely implicated in this case and they have nothing to do with the alleged crime and they are quite innocent.
62. In cross examination by Ld. PP, he stated that he did not know that marriage of Harinder Singh and Mandeep Singh had been performed again in a marriage palace at Jagraon in his presence. He admitted that prior to the occurrence, complainant had filed a complaint against Harinder Singh, his parents and his Mama and Mami regarding harassment on account of dowry. He did not know if in that complaint mention was made of threat regarding throwing of acid on Mandeep Kaur or demand of Rs.10 lacs as dowry.
63. Ld. counsel for the accused tendered in evidence certified copy of the judgment of the Punjab and Haryana High Court as Ex.DX.
64. From the evidence on record, it is clear that on 11.07.2013 Shamsher Singh and his daughter Mandeep Kaur suffered an acid attack. Apart from their own testimony while deposing as PW1 and PW2 respectively the factum and nature and extent of the injury suffered by them is clear from the evidence of the doctors who treated them.
65. PW-14 Dr. Ashok Singla, Medical Officer, Civil Hospital, Moga stated that on 11.07.2013, at 9.50 am, he attended Shamsher Singh son of Mohinder Singh resident of Daya Kalan Moga. He was brought to emergency with alleged history of acid burns in the morning. There were superficial to deep burns on the whole back of the patient. Blisters were present at places. Approximate burns he suffered was 20%. At about 9.50 am on 11.07.2013, he also attended Mandeep Kaur wife of Harinder Singh daughter of Shamsher Singh resident of village 31 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -32- Rachhin District Ludhiana. She was also brought to emergency with alleged history of acid burns in the morning. She was suffering from superficial burns on chest, abdomen, upper limbs, lips, face, neck and thighs (anterior aspect). Blisters were present at places. Approximate burns were 50 to 55%. Both these patients were given treatment and after advise from Dr. Navraj Singh Surgical Specialist they were referred to Guru Gobind Singh Medical College, Faridkot at 10.25 am.
66. PW-12 Dr. Salvinder Singh Toor, Resident in Surgery-I Department, GGS Medical College and Hospital, Faridkot deposed regarding admission of patients Mandeep Kaur and Shamsher Singh son of Mohinder Singh in their hospital on 11.07.2013 at 12.22 p.m. They were referred from Civil Hospital, Moga with alleged history of burn (chemical burns injury). After initial management patients were referred to DMC & Hospital Ludhiana. As per medical record Ex.PW12/A Mandeep Kaur had more than 60% burns and Shamsher Singh, was suffering from around 40% burn injuries.
67. PW-6 Doctor Rajinder Kumar Mittal, Professor Department of Plastic Surgery, DMC & Hospital, Ludhiana stated that Shamsher Singh was admitted in the Emergency of DMC and Hospital, Ludhiana on 11.07.2013 with alleged history of throwing of some chemical by some persons at 9.00 am on 11.07.2013. At that time he had chemical burns over chest, whole of back, back of neck and face. He was treated in Burn Department and was discharged on 27.07.2013. He was diagnosed as having 30 to 35% chemical burns.
68. PW-9 Dr. Nikhil Garg Resident Surgery, DMC&H, Ludhiana testified regarding admission of Mandeep Kaur in DMC&H at 5:14 p.m. on 11.07.2013. Patient had around 30 to 35% chemical burn. After the initial care, patient was 32 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -33- shifted to Burns ICU in stable condition. She was further treated by plastic surgery team consisting of Dr.R.K.Mittal and Dr. Avinash and eye team consisting of Dr. Priyanka and Dr. Sukhraj of DMC&H, Ludhiana.
69. PW-11 Dr.Priyanka Arora, Assistant Professor, Department of Ophthalmology DMC and Hospital, Ludhiana deposed that Mandeep Kaur daughter of Shamsher Singh was admitted in Burn ICU on 11.07.2013. Examination showed poor vision in both the eyes with swelling and necrosis of both the eye lids and cornea. On 26.07.2013 it was noticed that left eye developed corneal melting because of chemical burns. On 29.07.2013 tarsorrhaphy was done. Because of exposure due to loss of eye lids, the cornea could not be saved and patient lost the eye.
70. Both Shamsher Singh and Mandeep Kaur have suffered extensive burn injuries due to the attack. As per PW-12 Dr. Salvinder Singh Toor, Resident in Surgery-I Department, GGS Medical College and Hospital, Faridkot, Mandeep Kaur had more than 60% burns and Shamsher Singh was suffering from around 40% burn injuries. PW-14 Dr. Ashok Singla, Medical Officer, Civil Hospital, Moga had assessed the burn injuries suffered by Mandeep Kaur as between 50% to 55%. Apart from extensive injuries over her body she has lost her left eye.
71. As per FSL report Ex.PW4/X, the parcels sent for Chemical examination contained :
"Parcel No.1 - Alleged to contain one plastic Jug.
Parcel No.2 - Alleged to contain One quarter size glass bottle
(Nip) containing 180 ml liquid (Tejab).
Parcel No.3 - Alleged to contain soil mixed with Tejab.
Parcel No.4 - Alleged to contain clothes of the victim
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(Mandeep Kaur).
Parcel No.5 - Alleged to contain clothes of the victim
(Shamsher Singh)
Seals were found intact and tallied with the specimen seals." After chemical analysis, the result of Examination was as follows:
"The contents of the Parcels No.1, 3, 4 and 5 referred above have been analyzed separately by chemical analysis on the basis of analysis. Sulphuric Acid has been detected on the material contained in the parcels No.1, 3, 4 and 5 referred above.
The Liquid material contained in the glass bottle (Nip) contained in parcel No.2 under reference has been identified as Surphuric Acid."
72. Thus, there is no doubt that the injuries were suffered by PW1 and PW2 in an acid attack.
73. The question is who has perpetrated this heinous crime against them?
74. The case was instituted on the statement of PW1 Shamsher Singh. He stated that his daughter Mandeep Kaur had married Harinder Singh accused in the year 2011. Thereafter, she was maltreated by her in-laws. Number of complaints were filed. A divorce petition was also instituted, which was pending before the Court at Moga. On 11.07.2013, he along with his daughter was going on his Bajaj scooter to attend the Court at Moga. At about 9.30 a.m when they reached near Gurukul School, then four persons on two motorcycles came from their backside from Kokari Kalan. One motorcycle overtook them from the right side and the other on which his son-in-law Harinder Singh was sitting overtook from the left side. He was forced to stop his scooter. His son-in-law who was 34 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -35- having a jug full of acid threw the acid on him and his daughter. They tried to save themselves, but he threw more acid on them. Both of them were badly burnt. They fell down on the road along the scooter. His son-in-law and others ran away from there alongwith motorcycles. Some unknown person took them on his vehicle and got them admitted in Civil Hospital, Moga for treatment. From there, they were referred to Guru Gobind Singh Hospital, Faridkot. He further stated that Karamjit Kaur mother of Harinder Singh, Paramjit Singh father, Sukhmander Singh maternal uncle and Sukhminder Kaur maternal aunt had threatened that if his daughter did not remain with them and withdraw the cases against them, they would throw acid on the complainant and his daughter and burn them. His statement was recorded at about 1.30 pm on 11.07.2013 at Guru Gobind Singh Hospital, Faridkot by PW16 DSP Jaswinder Singh. Significantly, in this statement other than his son-in-law Harinder Singh the other persons on the two motorcycles had not been named.
75. PW6 Dr.Rajinder Kumar Mittal, Professor, Department of Plastic Surgery, DMC & Hospital, Ludhiana in his cross examination stated that the initial hospital card of patient Shamsher Singh was made at 4.50 pm on 11.07.2013 when they reached the hospital. Shamsher Singh had narrated that some un-identified people had thrown acid on them. Similarly, in his cross examination PW9 Dr. Nikhil Garg, Resident Surgery DMC&H, Ludhiana had stated that while giving the history of the occurrence at the time of admission of Mandeep Kaur, Sandeep Singh had not mentioned any person by name. In her cross examination PW11 Dr. Priyanka Arora Assistant Professor, Department of Ophthalmology, DMC & Hospital, Ludhiana stated that at the time of her admission, Mandeep Kaur gave 35 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -36- history of occurrence that some unknown persons had thrown acid on her. She was accompanied by her father and brother Sandeep Singh at the time when she gave the history. Her brother signed the statement Ex.DX taking it to be correct. In his cross examination PW-12 Dr.Salvinder Singh Toor, Resident in Surgery-I Department, GGS Medical College and Hospital, Faridkot stated that the patients had not disclosed the name and identity of the persons who had thrown chemical on them. Shamsher Singh was fit to make statement but had not named the assailants to him. Similarly, PW18 Dr. Gaurav Sharma, Resident General Surgery, DMC & Hospital, Ludhiana in his cross examination stated that in his history of the occurrence given by Shamsher Singh he had stated that some unidentified people had thrown some liquid over them.
76. PW4 ASI Gulzar Singh after receiving opinion of doctor regarding fitness of Mandeep Kaur to make statement recorded her statement Ex.PW4/Z on 16.07.2013. In the said statement, which had also been duly signed by the doctor, she had only narrated the circumstance of her marriage, the demand of dowry raised by her in-laws and how she came to her paternal house and the threats by her in-laws to throw acid if she failed to meet their demand of Rs.10 lacs and a car and her filing petition for divorce, petitions for maintenance and application under the Domestic Violence Act. Though she mentioned that Harinder Singh had threatened a number of times to throw acid on her and burn her she made no mention of the specific act of acid attack on her and her father on 11.07.2013 and who perpetrated the said attack.
77. While deposing in Court as PW1 Shamsher Singh stated that on 11.07.2013 at about 9.30 am he along with his daughter were coming on scooter 36 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -37- to attend the divorce case at Civil Court Moga. When they reached near sem nallah near Gurukul School, the accused were hiding behind chari crop. One motorcycle was driven by Jaswinder Singh and its other occupant was Parwan Singh. Harinder Singh and Jagjit Singh @ Jagga were on other motorcycle which they had parked on the left side. Thereafter, Harinder Singh blew horn of the motorcycle and threw acid on his daughter Mandeep Kaur three times. The horn was blown as accused Harinder Singh intended to throw acid on the eyes of the complainant. Accused Harinder Singh threw acid on the face, back and legs of the complainant. The acid thrown by Harinder Singh on his daughter Mandeep Kaur fell on her entire body. The motive was that accused Harinder Singh and his family demanded a luxury car from the complainant. His son Sandeep Singh who was following them reached at the spot and got them admitted in Civil Hospital, Moga.
78. PW2 Mandeep Kaur in her deposition in Court stated that her marriage was solemnized with accused Harinder Singh on 23.01.2010. She also deposed about how she was duped by Harinder Singh into solemnizing the marriage with him by claiming that he was working as ASI in Punjab Police, was a Graduate and owned 08 acres of land apart from his threat to make public some obscene pictures allegedly made after serving her cold drink laced with intoxicants. When she learnt that all that was untrue, a quarrel started between him and Harinder Singh. The accused and his family demanded a luxury car and Rs.10 lacs. As her family could not meet the demands of her in-laws family, accused Harinder Singh started threatening her with dire consequences. She submitted various applications to the Police, but to no effect. She filed a petition 37 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -38- for divorce, besides an application under Section 125 Cr.P.C. seeking maintenance. She also filed a petition under Domestic Violence Act at Moga. She also narrated about the incident of throwing the acid on her and her father on 11.07.2013 when they were on their way to attend the Court at Moga. She also stated that when they crossed village Kokari Kalan behind Gurukul School, then two bikes came there - one from the left side and another from the right side. The motorcycle on the right side being was driven by Deepinder Singh, Parwan Singh was the pillion rider. The motorcycle on the left side was driven by Jagga and Harinder Singh was sitting behind him. She deposed regarding Harinder Singh throwing acid on her and her father, where after, they fell down. Her brother Sandeep Singh who was following them on a bike witnessed the entire evidence and took both of them to Civil Hospital, Moga. From there, they were referred to Guru Gobind Singh Hospital, Faridkot and later to DMC, Ludhiana.
79. From the above, it is clear that in his initial statement Ex.PA before the police PW1 has only named Harinder Singh. PW2 in her statement Mark-D recorded on 16.07.2013 she did not even make a mention of the incident dated 11.07.2013 of acid throwing on them. It is only in their deposition in Court they have named all the four appellants.
80. If PW1 and PW2 had known the names of all the occupants of the motorcycle, why were they mentioned as unidentified and their names not disclosed? There is no plausible explanation for this. Only the name of Harinder Singh figured in the initial statement of PW1 Shamsher Singh. Further, both PW1 and PW 2 in their statements before the police had specifically stated that Harinder Singh had threatened that if the dowry demands were not met and the cases are not 38 of 41 ::: Downloaded on - 09-02-2020 12:20:23 ::: CRA-D-1001-DB-2016(O&M) -39- withdrawn he would throw acid on them. This is exactly what he did when PW1 and PW2 were on their way to attend the Court proceedings in connection with the divorce case. Evidently, accused Harinder Singh knew that PW1 and PW2 would be going to attend the Court proceedings. He with his companions way laid them and executed his foul deed. Thus, there can be no doubt about the involvement of accused Harinder Singh and that he actually threw the acid on PW1 and PW2 causing serious injuries to them.
81. As regards the other accused it is also extremely doubtful whether PW1 and PW2 knew or could identify the companions of Harinder Singh who accompanied him in execution of the dastardly act.
82. It has come in the evidence of PW2 Mandeep Kaur that after marriage she stayed at her in-laws house continuously for one month. Thereafter, she went to her college at Bathinda. She was a regular visitor to her in-laws house for 2-3 months and thereafter shifted to her parental house. She had visited her in-laws house only five or six times thereafter till the date of occurrence. She had visited Rachhin, the village of her in-laws, for about six months from the date of the marriage and never after that. Though she stated that she knew all the accused by face and also knew their nick names, she could not give any details of the families of the accused. Similarly, PW1 Shamsher Singh in his cross examination by Counsel for the accused stated that his daughter remained at Village Rachhin with her in-laws for 15/20 days. He visited the family of her in-laws on the occasion of Rakhri and Sindhara only. There was no way he could be familiar with the accused so as to be able to know their names and identify them. It has come in evidence that no Test Identification Parade was conducted.
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83. It would be unsafe to convict the other appellants in the face of this weak evidence when there is no certainty that actually they were the ones who accompanied Harinder Singh on that day.
84. Not much credence can be given to the testimony of PW5 Sandeep Singh as his presence at the spot appears to be doubtful. In his statement Ex.PA, PW1 Shamsher Singh did not mention that PW5 Sandeep Singh was following them. He had mentioned that after they had fallen down some unknown person took them in a vehicle and got them admitted in Civil Hospital Moga. PW2 Mandeep Kaur in her statement Mark-D recorded on 16.07.2013 did not mention about the incident of acid attack. It is only in their deposition in Court that they stated that they were got admitted in Civil Hospital Moga by PW5 Sandeep. They were confronted with this fact. Though in his deposition in Court PW5 Sandeep Singh stated that he had stopped that unknown vehicle and got his father and sister admitted in Civil Hospital, Moga but in his statement Mark-A recorded before the police on 12.07.2013 he had stated that some unknown person got his father and sister admitted in Civil Hospital Moga for treatment. Evidently, in their deposition in Court PW1, PW2 and PW5 have made an improvement. Their testimony regarding, PW5 Sandeep Singh following them and having seen the occurrence cannot be believed. Further, even if his presence at the spot is accepted it is extremely doubtful whether he knew or could identify the accused other than Harinder Singh.
85. Thus, the prosecution has failed to prove the case against Deepinder Singh @ Goga, Parwan Singh @ Pana and Jagjit Singh @ Jagga beyond reasonable doubt. Accordingly, their appeals (CRA-D-1001-DB-2016, CRA-D-
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1020-DB-2016 and CRA-D-106-DB-2017) are allowed. Deepinder Singh @
Goga, Parwan Singh @ Pana and Jagjit Singh @ Jagga are acquitted of all the charges framed against them by giving them benefit of doubt. They be released forthwith, if not required in any other case.
86. As regards accused Harinder Singh though the extensive injury caused by acid is proved, there is no evidence that injury was dangerous to life and/or that he had the necessary intention to cause death. The offence under Section 307 IPC is not made out. Accordingly, his appeal (CRA-D-1143-DB- 2016) is partly allowed. His conviction under Section 307 is set aside and he is acquitted of that charge. His conviction under Section 326-A IPC and 498-A IPC is maintained. However, the sentence of RI for life awarded under Section 326-A is reduced to 10 years. He shall also pay a fine of Rs.1,00,000/- (One lakh) and in default to undergo rigorous imprisonment for two years. The amount of fine shall be paid to Mandeep Kaur.
Both the substantive sentences shall run concurrently. The compensation of Rs.5,00,000/- be also paid to the victims as directed by the Ld. Trial Court.
(RAJIV SHARMA) (HARINDER SINGH SIDHU)
JUDGE JUDGE
January 20, 2020
gian
Whether Speaking / Reasoned Yes
Whether Reportable Yes / No
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