Punjab-Haryana High Court
Nath Singh vs The State Of Punjab And Others on 5 September, 2013
Author: Ritu Bahri
Bench: Ritu Bahri
Crl. Revision No. 2283 of 2005 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Crl. Revision No. 2283 of 2005 (O&M)
Date of decision: 05.09.2013
Nath Singh
....Petitioner
Vs.
The State of Punjab and others
....Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
******
Present:- Mr. S.P.S. Sidhu, Advocate,
for the petitioner.
Mr. Gurveer Sidhu, AAG, Punjab.
Mr. Kul Bhushan Soi, Advocate,
for respondent Nos. 2, 4 and 6.
RITU BAHRI, J (ORAL)
Challenge is to the judgment dated 10.01.2004 passed by the Additional Sessions Judge, Ferozepur, whereby all the accused- respondent Nos.2 to 7 have been acquitted of the charges under Sections 302, 323, 148 and 149 IPC.
In brief, the case of the prosecution is that Mahindo-accused was alleged to be of loose character. The complainant party had asked her to mend her ways. On 17.08.2001, Bohar had gone to Bagge Ke Pipal to witness the fair of Tilla Peer, where he was given beatings by Kala, Kuldip Jagga, Rana and Sukha. He narrated the said incident to complainant-Kala. On the same day, when Kala along with Bohar and Mahanda, son of the sister of the complainant, were going to make a Prasher Ajay complaint to Kartar Singh, Sarpanch, all the accused were standing in the 2013.10.25 18:04 I attest to the accuracy and integrity of this document High Court Chandigarh Crl. Revision No. 2283 of 2005 (O&M) 2 Pahi (passage). At that time, Kala son of Baggu, was armed with a gandasi, Kuldeep was armed with bat, Rana was armed with an iron rod, Sukha was armed with a Sumba, Jagga was armed with a dang and Mahindo was armed with a hockey stick. Mahindo raised a lalkara to teach them a lesson for levelling false allegations against her. Thereafter, Rana gave a blow with his iron rod on the head of Mahanda and Kala gave a gandasi blow on his head, as a result of which, he fell down. Then, Kuldeep gave a blow with his bat on his left arm and Sukha gave a sumba blow on the backside of the shoulder of Bohra. When the complainant came forward to rescue them, all the accused assaulted him with their weapons. On raising an alarm, Raj wife of Mahanda and Mahindro wife of the complainant came to the spot. On seeing them, all the accused fled along with their weapons. As a result of the injuries suffered by Mahanda, he died at the spot itself. Thereafter, his dead body was brought to the courtyard of the complainant. They narrated the occurrence to Kartar Singh, Sarpanch, who arranged a tractor-trolley and took them to the Civil Hospital, Ferozepur. Thereafter, the investigation was started and the FIR was registered. Postmortem examination of the dead body was got conducted. On 19.08.2001, all the accused, except Mahindo, were produced before the police by Sucha Singh, Sarpanch. Thereafter, they were arrested. The accused got recovered their respective weapons. In this regard, their disclosure statements were recorded. After completion of all the necessary formalities, the challan was presented before the Additional Chief Judicial Magistrate, Ferozepur, who committed the same to the Court of Sessions.
After commitment of the case to the Court of Sessions, Prasher Ajay 2013.10.25 18:04 I attest to the accuracy and integrity of this document High Court Chandigarh Crl. Revision No. 2283 of 2005 (O&M) 3 charges under Sections 302, 323, 148 and 149 IPC were framed against the accused-respondent Nos.2 to 7, to which they pleaded not guilty and claimed trial.
In order to prove its case, the prosecution examined Kuldeep Kumar Patwari (PW-1), Constable Karam Singh (PW-2), Kala- complainant (PW-3), Bohra PW-4), HC Dinesh Kumar (PW-5), HC Jarnail Singh (PW-6), HC Joginder Singh (PW-7), Dr. Ramesh Kumar (PW-8), ASI Balkar Singh (PW-9) and ASI Gurjant Singh (PW-10). Thereafter, the evidence of the prosecution was closed.
Statements of accused under Sections 313 Cr.P.C., were recorded, wherein all the incriminating evidence appearing against them, was put to him. However, they denied the same and pleaded their innocence. Kala-accused deposed that there was a party faction of Kartar Singh, Sarpanch and Sucha Singh, Sarpanch, in the village. He was working as a labourer with Sucha Singh, Sarpanch and this case was got registered against him and other accused by Kartar Singh, Sarpanch, as they were working with Sucha Singh, Sarpanch. Rana-accused also took the same plea. The other accused pleaded that they have been falsely implicated being relations of Kala and Kuldeep.
The prosecution version has been supported by Kala- complainant (PW-3), who deposed that on the date of occurrence, his son Bohra Singh came back from the fair and informed that all the accused had attacked him with fist blows and slaps. At about 9.00 P.M., he, Bohra and Mahanda were going to the house of Sarpanch to made a complaint about this incident, when at the distance of 30 karams Rana- accused armed with iron rod, Kala, armed with gandasi, Kuldeep, armed with a bat, Jagga armed with dang, Sukha armed with Sumba and Prasher Ajay 2013.10.25 18:04 I attest to the accuracy and integrity of this document High Court Chandigarh Crl. Revision No. 2283 of 2005 (O&M) 4 Mahindo, armed with hockey stick, were found standing in the pahi. Mahindo raised a lalkara to teach a lesson and thereafter, Kala gave a gandasi blow on the head of Mahanda. Rana gave a iron rod blow on his head. Then, Mahanda fell down and thereafter, Kuldeep gave a blow on his arm. Sukha gave two blows with sumba on the scapular region of Bohra. When the complainant tried to save them, Kuldeep gave a blow with his bad on his scapular region. Jagga gave a dang blow on his palm. As a result of the injuries received by Mahanda, he died at the spot. On raising an alarm, Mahindro and Raj came at the spot. Bohra (PW-4) also made a statement to the same effect in his examination-in- chief.
ASI Balkar Singh (PW-9) deposed that after recording the statement of Kala Ex.PB, he made his endorsement Ex.PB/1 and thereafter, FIR Ex.PB/2 was recorded. Thereafter, he went to the spot and prepared the inquest report Ex.PJ. Dead body of Mahanda was sent for postmortem examination through HC Nachhattar Singh. Rough site plan Ex.PL was prepared. Blood stained earth was recovered from the spot along with pair of shoes etc. As per the inquest report, Ex.PJ, three injuries were found on the head of Mahanda.
Dr. Ramesh Kumar (PW-8), who conducted the postmortem examination on the dead body of Mahanda on 18.08.2001, found the following injuries on the same:-
1. Lacerated wound 10 cm x 4 cm on left side of head in longitudinal direction 2 cm from anterior hair line and 5 cm from midline. On dissection underlying bone was fractured, membrain and brain matter was lacerated cranial cavity was full of clotted blood.
2. Reddish contusion 3 cm x 2 cm obliquely placed on Prasher Ajay outer side of left forearm. On dissection underlying bone 2013.10.25 18:04 I attest to the accuracy and integrity of this document High Court Chandigarh Crl. Revision No. 2283 of 2005 (O&M) 5 was fractured and clotted blood was present. Rest all the other organs were found healthy. Stomach was healthy and it contained about two hundred grams semi digested food.
The cause of death was due to shock and haemorrhage as a result of those injuries, which were ante mortem in nature and were sufficient to cause the death in the ordinary course of nature. He testified the postmortem report as Ex.PH. In his cross-examination, he admitted that there was no sharp weapon injury.
He has further deposed that on 18.08.2001 at 1.45 A.M., he conducted the medico legal examination of Kala and found the following injuries on his person:-
1. Reddish contusion 10 cm x 6 cm with underlying tender diffuse swelling on back of left scapular region on its lower part. X-ray was advised.
2. Tender diffuse swelling on all over the right thumb. X- ray was advised.
3. Patient complaint of pain on all over chest.
Thereafter, on the same day at 2.00 A.M., he conducted the medico legal examination of Bohra and found the following injuries on his person:-
1. Superficial lacerated wound 1 cm x 0.25 cm on front of left ring finger on its distal phalynx. Fresh bleeding was present and x-ray was advised.
2. Tender diffuse swelling on right side of back close to middling on upper level of scapula. X-ray was advised.
During his cross-examination, he stated that injuries suffered by both the injured eye witnesses could be possible by a falling on a hard surface or by some friendly hands. There was fresh bleeding in injury No.1 on the person of Bohra. However, there was no clotting of Prasher Ajay 2013.10.25 18:04 I attest to the accuracy and integrity of this document High Court Chandigarh Crl. Revision No. 2283 of 2005 (O&M) 6 blood. This injury was alleged to be the result of a bite given by Sukha Singh-accused.
The trial Court found that this was highly improbable that an accused, who was armed with a weapon like sumba and had given blows with the same, would also bite on the person of that injured. There was contradictions in the testimony of both the injured eye witnesses with regard to the number of blows given by Sukha-accused. According to Bohra (PW-4), only one blow was given, as per the statement of Kala- complainant (PW-3), two such blows were given by Sukha Singh. According to Kala (PW-3), the first injury was given to him by Kuldeep with the help of his bat on the scapular region and second injury was given by Jagga on the palm of his right hand with the help of a dang. However, as per Bohra (PW-4), first Jagga-accused gave a blow with his dang on the left hand of Kala-complainant and thereafter, Kuldeep gave a blow with his bat on the backside of his shoulder. Thereafter, Sukha- accused gave two blows with his sumba on the backside of the shoulder of Kala. There was only one injury on the back of the shoulder of Kala- complainant. There was a complaint of pain all over his chest, but as per the ocular evidence, there was no such injury on his chest. As per the trial Court, the contradictions in the ocular and the medical evidence led to a probability that these injuries were caused by friendly hands. The possibility of fresh bleeding in the injury of Bohra at the time of his medical examination, which took place after five hours of receiving of the injury, supported this view.
As far as the injuries on the person of deceased-Mahanda, the trial Court, after going through the medical evidence, has come to a conclusion that there was contradictions not only regarding receipt of the Prasher Ajay 2013.10.25 18:04 I attest to the accuracy and integrity of this document High Court Chandigarh Crl. Revision No. 2283 of 2005 (O&M) 7 injuries, but regarding the injury which was never found on the dead body. As per the eye witnesses i.e. Kala-complainant (PW-3) and Bohra (PW-4), the deceased was caused three injuries by the accused, one with the help of gandasa, which was a sharp edged weapon and others with the help of iron rod and bad, which were blunt weapons. However, as per the statement of Dr. Ramesh Kumar (PW-8), there was no sharp weapon injury on the dead body. As per the aforesaid eye witnesses, the injuries on the head were given in the middle, but no such injury was found in the middle of the head. For such type of discrepancies found between the oral and medical evidence, the prosecution version was disbelieved. Reference in this regard, has been made to a judgment delivered in case Bimla Devi Vs. State of Haryana, Recent Criminal Reports (Criminal) 330 and Dharam singh Vs. State of Punjab, 1993 Superme Court Cases (Criminal) 1059, wherein it was held that when there was a contradiction between the medical evidence and the eye witness account, the conviction of the accused cannot be based on such like evidence and they were entitled to acquittal.
Further, as per the deposition of ASI Balkar Singh (PW-9), there other witnesses were present at the time of recording of disclosure statements of the accused and recovery of weapons in pursuance thereof. However, none of those witnesses were examined in the Court. No doubt the statement of police official with regard to the said recovery, in the absence of any corroboration from independent source can be believed, but it must be corroborated by some other evidence. In the present case, no corroboration of the evidence is available on the file. The uncorroborated testimony of ASI Balkar Singh that such weapons of offence were recovered from the possession of the accused, was decided Prasher Ajay 2013.10.25 18:04 I attest to the accuracy and integrity of this document High Court Chandigarh Crl. Revision No. 2283 of 2005 (O&M) 8 against the prosecution and in favour of the accused.
After going through the judgment passed by the trial Court in detail, this Court is of the opinion that the motive to commit the murder of Mahanda is not so strong enough that the accused were perturbed when the complainant had asked Mahando, one of the accused, to mend her ways, as she had bad reputation with regard to her character. Secondly, as per the medical evidence, given by Dr. Ramesh Kumar (PW-8), the injuries on the persons of eye witnesses i.e. Kala- complainant (PW-3) and Bohra (PW-4), could be with the friendly hands, especially in view of the fact that there was fresh bleeding in injury No.1 on the person of Bohra and there was no clotting of blood, even though he was medically examined after four hours of the receiving of said injury. Moreover, as per the medical evidence, there was no injury in the middle of the head of deceased-Mahanda, whereas as per the deposition given by Kala (PW-3) and Bohra (PW-4), the accused had given one injury with gandasa on the middle of the head of deceased. This injury was conspicuously absent at the time of postmortem examination of the dead body of Mahanda, which carried only two injuries. Injury No.1 on the person of Mahanda was on the left side of head in longitudinal direction and the second injury was on the left forearm. There was no injury in the middle of the head of the dead body. There was no proof that the accused had caused injury in the middle of the head of deceased with a gandasa. Moreover, Dr. Ramesh Kumar (PW-8) had admitted in his cross-examination that there was no sharp weapon injury on the dead body. Therefore, the trial Court had come to a conclusion that since the FIR was recorded after preparation of the inquest report and therefore, it became doubtful.
Prasher Ajay2013.10.25 18:04 I attest to the accuracy and integrity of this document High Court Chandigarh Crl. Revision No. 2283 of 2005 (O&M) 9
Another material discrepancy in the deposition of the eye witnesses was that Kala-complainant (PW-3) had deposed that a message was sent to Kartar Singh, Sarpanch, who removed them to the hospital in tractor trolley. On the other hand, Bohra (PW-4), stated that they met the Sarpanch at 1.30 A.M., who arranged a tractor-trolley and brought them to their house. As per the deposition of ASI Balkar Singh (PW-9), rough site plan was prepared at the place of occurrence in the presence of Kartar Singh, Sarpanch. He admitted that none of the eye witnesses had pointed out the place of occurrence to him. As per deposition of HC Dinesh Kumar (PW-5), Kartar Singh, Sarpanch, was present at the spot, where the dead body was lying and he was present when the inquest proceedings were taken. It means that the Sarpanch, had taken the injured eye witnesses to the hospital and thereafter, came back again to the spot and made himself present before the police. The presence of Kartar Singh, Sarpanch, on the site of occurrence after leaving the injured eye witnesses in the hospital, was held to be doubtful, especially in the background that there was a party faction in the village between Kartar Singh, Sarpanch and Sucha Singh, Sarpanch. Accused-Mahindo and her sons were admittedly, working in the house of Sucha Singh, Sarpanch and the possibility of these accused being falsely implicated due to party faction, could not be ruled out. Further, Kartar Singh, Sarpanch, was held to be an interested person with the complainant party and since accused Mahindo and her sons were working in the house of Sucha Singh, Sarpanch, there was strong motive to get them involved falsely. The motive to falsely implicate the accused further finds strength from the material contradictions with regard to the injuries caused by Sukha on the person of Bohra.
Prasher Ajay2013.10.25 18:04 I attest to the accuracy and integrity of this document High Court Chandigarh Crl. Revision No. 2283 of 2005 (O&M) 10
The allegation that the accused were nursing a grudge on account of the fact that the complainant had complained to Mahindo that she was of a loose character and she should mend her ways, was found to be a week motive to commit the murder of Mahanda by the accused party. Since Mahindo was not related to the complainant party, they had no occasion with them to ask her to mend her character.
The trial Court, after going through the entire evidence led by the prosecution and the defence, had come to a conclusion that there was material discrepancies with regard to causing of injuries on the person of deceased. As per deposition of Dr. Ramesh Kumar (PW-8), there was no injury on the middle of the head of the deceased, which had been attributed to the accused. Moreover, there are material contradictions in the statements of Kala-complainant (PW-3) and Bohra (PW-4) with regard to the presence of Kartar Singh, Sarpanch, who arranged for a tractor-trolley to take the injured to the hospital. The deposition of Dr. Ramesh Kumar (PW-8), the injuries on the person of injured could have been due to the friendly hands, finds support from the fact that injury No.1 on the person of Bohra was fresh and blood was oozing out of the same. The medico-legal examination was done after five hours of the incident and there was no clotting of blood. Moreover, the presence of Kartar Singh, after leaving the injured to hospital and thereafter coming back at the spot to get the inquest report prepared, supports the fact that he was supporting the complainant party, as there was a party faction in the village, where the labourers were working with Sucha Singh, Sarpanch, who was against Kartar Singh, Sarpanch, in the village. Moreover, the investigation of the case was also found to be shaky and the prosecution could not support its case, as there were Prasher Ajay 2013.10.25 18:04 I attest to the accuracy and integrity of this document High Court Chandigarh Crl. Revision No. 2283 of 2005 (O&M) 11 material contradictions in the oral as well medical evidence.
In these circumstances, after examining the impugned judgment from all the angles, no ground is made out to interfere in the same.
Resultantly, the present petition is dismissed.
(RITU BAHRI)
September 05, 2013 JUDGE
ajp
Prasher Ajay
2013.10.25 18:04
I attest to the accuracy and
integrity of this document
High Court Chandigarh