Punjab-Haryana High Court
Sanjay Kumar Rishidev & Others vs State Of Haryana on 13 August, 2013
Author: Hemant Gupta
Bench: Hemant Gupta, Fateh Deep Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of Decision : 13.08.2013
CRA No.870-DB of 2007
Sanjay Kumar Rishidev & others ...Appellants
Versus
State of Haryana ...Respondent
Present : Ms. Amita Arora, Advocate,
as Amicus Curaie on behalf of the appellants.
Mr. Sandeep Vermani, Addl. AG, Haryana,
for the respondent-State.
CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE FATEH DEEP SINGH
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
HEMANT GUPTA, J.
The present appeal is filed by Sanjay Kumar Rishidev, Dalip Kumar Rishidev & Suraj Rishidev against the judgment of conviction and order of sentence dated 14.08.2007 and 17.08.2007 respectively passed by the learned Sessions Judge, Kaithal, vide which all the appellants were convicted for the offence punishable under Sections 302/325/34 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5000/- each for an offence punishable under Section 302/34 IPC and to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.2000/- each for an offence punishable under Section 325/34 IPC.
The prosecution case was set in motion on the statement of Jai Singh son of Puran Singh made to SI Surta Ram on 17.08.2005. In his statement (Ex.PD), Jai Singh stated that he employed Bihari Bhaiya Kumar Vimal Bhikhari Rishidev son of Bhola Rishidev (since deceased), Kishore Kumar 2013.08.20 15:43 I attest to the accuracy and integrity of this document Chandigarh CRA No.870-DB of 2007 2 son of Kamal Rishidev, Dalip Kumar @ Sugal Kumar son of Tupan Rishidev, Sunil Muni son of Mukheshwer Muni, Kinu Rishi son of Bhaji Rishi Dev, Sanjay Rishidev son of Chaliter Rishidev, Suraj Rishidev son of Loha Rishidev residents of Silli Kurhia Toll, District Purnia (Bihar) for transplantation of paddy in his fields. He stated that they do the work of labour there and in the evening, they stay & sleep at night. On 16.08.2005, at about 8.00/9.00 PM, when he went to his fields, then Bhikhari Rishidev, Dalip Kumar @ Sugal Kumar, Sanjay Kumar and Suraj Rishi, who had consumed liquor, were quarrelling over distribution of payment of the money with Bhikhari Rishidev, who was their President. He made them understand and thereafter came at his home at village Bhusla. Today i.e. 17.08.2005 in the morning at about 5.00 AM, when he and his neighbourer of land, Chuhar Singh son of Lachhman Singh, were going to fields, they saw from a distance of one acre from their tubewell kotha in the light of electric bulb outside the tubewell kotha that Bhikhari Rishidev was lying on a cot in front of kotha. His feet and hands were caught by Suraj Rishi and Sanjay Kumar @ Gugli respectively and Dalip Kumar @ Sugal Kumar lifted spade (kassi) upwards in his both hands and within their sight, he gave kassi blow directly on the neck of Bhikhari Rishidev. They raised noise as a result of which Kishore Kumar woke up, but all the three accused fled away from the spot alongwith kassi. Kishore Kumar tried to caught hold Sugal Kumar, then Suraj Rishidev lifted iron rod from the tractor lying near kotha and hit upon the head of Kishore Kumar. He further stated that despite their efforts, the accused ran away towards village from fields. Thereafter, they went near kotha and saw that Bhikhari Rishidev was lying on cot and his neck was mostly separate due to spade blow and he succumbed to injury, whereas Kumar Vimal 2013.08.20 15:43 I attest to the accuracy and integrity of this document Chandigarh CRA No.870-DB of 2007 3 Kishore Kumar was lying on earth due to injury on his head and was removed to hospital for treatment.
On the basis of such statement, ruqa was sent to the Police Station at about 9.40 AM for registration of a case. On receipt of ruqa, FIR (Ex.PD/1) was recorded at about 10.40 AM. The special report was received by the Sub Divisional Judicial Magistrate, Guhla at about 1.00 PM on the same day. Thereafter, SI Surta Ram, the Investigating Officer, inspected the spot and prepared rough site plan (Ex.PN). He lifted blood stained earth from the place of occurrence, which was taken into possession vide recovery memo Ex.PE after converting into separate sealed parcel. After completing the inquest proceedings, he sent the dead body for post-mortem examination. He also recorded the statements of witnesses. On the basis of secret information, he arrested the accused from bus-stand Ratta Khera. During interrogation, Dalip Singh suffered a disclosure statement Ex.PJ to the effect that he had kept concealed the kassi in the paddy fields of Jai Singh and in pursuance of such statement, he got recovered the kassi, which was taken into possession vide recovery memo Ex.PM. Similarly, Suraj Rishidev suffered a disclosure statement Ex.PK to the effect that he had kept concealed the iron rod with which he caused injury on the head of Kishore Rishidev in paddy near tubewell of field and in pursuance of such statement got recovered the iron rod, which was taken into possession vide recovery memo Ex.PL. After completing the other necessary formalities, the accused were made to stand trial.
To prove its case, the prosecution examined PW-1 Dr.R.D.Chawla, Medical Officer, who along with other members of the medical board conducted post-mortem examination on the dead body of the deceased. He deposed that in his opinion, the cause of death was shock and Kumar Vimal 2013.08.20 15:43 I attest to the accuracy and integrity of this document Chandigarh CRA No.870-DB of 2007 4 hemorrhage and injury to the vital organs of neck, which was sufficient to cause death in the normal course of life. He also proved the post-mortem report as Ex.PB. After seeing the kassi, he opined that possibility of injury having been caused to the deceased with kassi cannot be ruled out.
PW-12 is Dr. Romila Jhanjhi, who medico legally examined Kishore Rishidev on 17.08.2005 at 9.30 am and found the following injuries:
"1. There was a lacerated wound 3 cm x 1 cm x muscle deep on occipital region of skull. He was referred to Civil Hospital, Kaithal for x-ray of skull.
2. there was swelling of about 2 cm x 2 cm on the right side of neck.
3. There was swelling over lips and pain in the mouth and bleeding was coming from the mouth. He was referred for Dental Surgeon opinion."
She also proved the medico-legal report as Ex.PH. After seeing the iron rod Ex.P-18, she deposed that injuries on the person of Kishore Rishidev could have been caused by this iron rod. In her cross-examination, she stated that the patient must have received at least two blows.
PW-2 is Jai Singh, author of the FIR. While stepping into witness box, he supported the prosecution case in its entirety and reiterated his earlier version as stated in Ex.PD. In his cross-examination, he stated that he was at a distance of 30/35 meters later stated that about half a killa, when he saw the accused giving the blow to Rishidev. Kishore was sleeping at a distance of 4-5 feet from the kotha. He stated that the accused carried the kassi with them, when they fled from the spot. He stated that the kassi and the iron rod belong to him. He further stated that at the time of occurrence, five of the labourers were at his kotha out of which three are the accused-present appellants, fourth was the deceased and the fifth was Kishore - injured.
Kumar Vimal2013.08.20 15:43 I attest to the accuracy and integrity of this document Chandigarh CRA No.870-DB of 2007 5
PW-11 is the injured witness Kishore. He deposed that the deceased Bikhari Rishidev was the head of their group and was his maternal uncle. He deposed that on hearing hue & cry, he woke up suddenly and saw that the three accused murdering Bikhari Rishidev. He deposed that Dalip had given a kassi blow, which struck on the neck of Bikhari Rishidev, whereas Suraj and Sanjay were holding the deceased. He tried to catch hold of Dalip, but was given a blow on his head with an iron rod by Suraj accused. He deposed that he was also given a blow on the mandible. In his cross-examination, he stated that Jai Singh had come to the kotha on the previous evening and that they were sitting outside the kotha, when Jai Singh had arrived. He stated that he had taken his evening meal just after sunset and that he did not know whether Rishidev had taken the evening meal or nor, as he had gone to sleep quite early. He stated that at the time of murder, it was dark, but an electric lamp was on. He stated that the accused had given only one blow and then they tried to flee from the spot.
Apart from examining the other formal witnesses, the prosecution also examined PW-14 SI Surta Ram, the Investigating Officer, who deposed in respect of the investigations carried out by him.
After conclusion of prosecution evidence, the statements of the accused were recorded under Section 313 Cr.P.C. They were put all the incriminating circumstances appearing against them in the prosecution evidence. They denied the prosecution case and pleaded false implication. In their defence, the accused did not adduce any evidence.
After going through the evidence on record, the learned trial Court returned a finding that the prosecution has been able to prove the guilt of the present appellants beyond a reasonable doubt and accordingly Kumar Vimal convicted and sentenced them, as mentioned above.
2013.08.20 15:43I attest to the accuracy and integrity of this document Chandigarh CRA No.870-DB of 2007 6
Before this Court, Ms. Amita Arora, learned Amicus Curiae on behalf of the appellants has vehemently argued that it is not possible for PW- 2 Jai Singh, author of FIR, to witness the occurrence from a distance of about half a acre, as stated by him during his cross-examination that too on the dark night much before the sun arise. It is also contended that PW-11 Kishore Kumar is an interested witness being nephew of the deceased and, thus, his testimony cannot be relied upon.
Having heard learned counsel for the parties, we do not find any merit in the present appeal. The place of occurrence i.e. tubewell kotha is of PW-2 Jai Singh. The First Information Report was recorded on the basis of his statement Ex.PD made to PW-14 SI Surta Ram, the Investigating Officer on 17.08.2005. The statement Ex.PD as well as evidence in Court is to the effect that the accused were having liquor on the roof top of kotha on 16.08.2005, could not be rebutted in any possible manner. It is natural for an owner of the agricultural land to take round of his fields and, therefore, his presence at the kotha in the evening of 16.08.2005 is a part of normal conduct of a land-owner. Since the sowing of paddy field is water intensive crop, therefore, the villagers take a round of their fields to see the irrigation of fields. Therefore, the presence of PW-2 Jai Singh in the morning of 17.08.2005 is also a normal activity of an agriculturist. The argument that Jai Singh could not see the manner of occurrence from a distance of about half an acre is without any basis. The witness is coming towards his tubewell kotha i.e. the place of occurrence. He could see suspicious activity from a distance of about half an acre. The fact remains that the witness is categorical that accused Dalip Kumar @ Sugal Kumar gave spade (kassi) blow within his sight, whereas Kishore Kumar woke up on hearing hue & cry and accused Suraj Rishidev gave iron rod blow on his head. He has no Kumar Vimal 2013.08.20 15:43 I attest to the accuracy and integrity of this document Chandigarh CRA No.870-DB of 2007 7 motive to implicate the present appellants, as the deceased and the appellants were working for him. His presence at the spot is natural and part of normal activities of an agriculturist. Such statement of PW-2 Jai Singh is corroborated by stamp witness PW-11 Kishore Kumar, who also received injuries in the same incident from the hands of Suraj Rishidev. The inflicting of injuries to PW-11 Kishore Kumar is also proved by Medico Legal Report Ex.PH prepared by PW-12 Dr. Romila Jhanjhi, when he was examined by her at about 9.30 AM on 17.08.2005. The ocular evidence of PW-2 Jai Singh, author of FIR and PW-11 Kishore Kumar, injured is corroborated by medical evidence in respect of receiving of injuries by iron rod on the person of PW-11 Kishore Kumar and also on the person of the deceased as per post-mortem report Ex.PB.
Still further, PW-2 Jai Singh while stepping into witness-box has deposed that kassi and the iron rod were taken by the appellants after committing the crime. Such weapons of offence have been recovered in pursuance of the disclosure statements made by the appellants to SI Surta Ram during interrogation on 17.08.2005. As per the report of the Forensic Science Laboratory Ex.PO, the kassi was found to have been stained with human blood Group B. The blood found on the kassi is of the deceased namely Bihari Rishidev. As per the serological analysis, the clothes of the deceased and the kassi are having human blood Group B. Meaning thereby, that the blood on kassi is that of the deceased. Therefore, the recovery of kassi having blood stains of the deceased in pursuance of the disclosure statement Ex.PJ is a strong circumstance against the appellants.
In view of the above, we find that the testimonies of PW-2 Jai Singh, author of FIR and PW-11 Kishore Kumar, injured are that of reliable and trustworthy witnesses, which inspire the confidence and have been Kumar Vimal 2013.08.20 15:43 I attest to the accuracy and integrity of this document Chandigarh CRA No.870-DB of 2007 8 rightly taken into consideration by the learned trial Court. We do not find that the findings recorded by the learned trial Court suffer from any illegality or irregularity. The entire evidence has been taken into consideration to return a finding that the prosecution has been successful in proving the charge for the offence punishable under Sections 302/325/34 IPC beyond any reasonable doubt.
Consequently, the present appeal is dismissed.
(HEMANT GUPTA)
JUDGE
13.08.2013 (FATEH DEEP SINGH)
Vimal JUDGE
Kumar Vimal
2013.08.20 15:43
I attest to the accuracy and
integrity of this document
Chandigarh