Punjab-Haryana High Court
Crl.A. No.991-Db Of 2009 vs Union Territory on 21 August, 2013
Author: Anita Chaudhry
Bench: Anita Chaudhry
Crl.A. No.991-DB of 2009 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
1. Crl.A. No.991-DB of 2009
DATE OF DECISION: AUGUST 21, 2013
ANIL TYAGI & ANOTHER ...APPELLANTS
VERSUS
UNION TERRITORY, CHANDIGARH ...RESPONDENT
2. Crl.A. No.415-DB of 2009
DATE OF DECISION: AUGUST 21, 2013
RAVI KANT TYAGI ...APPELLANT
VERSUS
UNION TERRITORY, CHANDIGARH ...RESPONDENT
CORAM: HON'BLE MR.JUSTICE M.JEYAPAUL.
HON'BLE MRS.JUSTICE ANITA CHAUDHRY.
1. Whether the judgement should be reported in the digest? Yes
----
PRESENT: MR.VINOD SHARMA, ADVOCATE
& MR. ASHU KAUSHIK, ADVOCATE
FOR MR.RANJAN LAKHANPAL, ADVOCATE
AND MR.G.S.SANDHU, ADVOCATE, LEGAL AID COUNSEL,
FOR THE APPELLANT(S).
MR.SARFRAJ HUSSAIN, APP, U.T. CHANDIGARH.
MR.GAURAV MOHUNTA, ADVOCATE
& MR.GAURAV GOGNA, ADVOCATE
FOR THE COMPLAINANT.
M.JEYAPAUL, J.
1. Accused Anil Tyagi and Pawandeep Singh have filed Crl.A. No.991-DB of 2009 and accused Ravi Kant Tyagi has preferred Crl.A. No.415-DB of 2009 aggrieved by the judgement of conviction and sentence Gulati Sumit 2013.08.27 14:12 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl.A. No.991-DB of 2009 -2- passed by the trial Court under Section 302 read with Section Section 34, 397 and 460 IPC.
2. The case in brief of the prosecution is as follows:
3. Accused Pawandeep Singh is the son of T.P.Singh (deceased). Shibani Singh (deceased) was the wife of T.P.Singh. Ajit Kaur (deceased) was the sister of T.P.Singh. Deceased T.P.Singh and deceased Shibani Singh were residing at House No.1432, Sector 34-C, Chandigarh. PW33 Ajay Singh was their domestic servant. Deceased Ajit Kaur came from Delhi on 6.2.2006 and stayed in the house of T.P.Singh. PW33 served dinner to all the three inmates at about 11.00 p.m. on that day and proceeded to his room in the upstairs. Thereafter deceased T.P. Singh locked the door of the stairs leading to the first floor. Deceased T.P.Singh had not woken up PW33 in the early morning. PW33 got up at 7.00 a.m. on 7.2.2006, but the lock which was put up on the door leading to his room was not opened by his Master. He scaled down the wall and peeped into the first floor. But he could see only the lights and fans that were on. He could not see anything inside the house as curtains were drawn on the windows. He proceeded again to his room in the first floor and slept over there. A friend of T.P.Singh came to the house and rang the bell. PW33 replied that he was not knowing where his Master had gone. With the help of a ladder he came down.
4. On 7.2.2006, PW40 Inspecor Ram Gopal received a wireless message from Police Control Room that untoward incident had occurred at House No.1432, Sector 34-C, Chandigarh. He rushed to the said place Gulati Sumit 2013.08.27 14:12 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl.A. No.991-DB of 2009 -3- alongwith the police team. He got recorded the statement Ex.P169 from PW33 Ajay Singh. He broke open the lock on the door of the house and entered into the same. In the first room the dead body of T.P.Singh was found. Three empty cartridges and one live cartridge were also found near the dead body of T.P.Singh. The dead body of Shibani Singh wife of T.P.Singh was found in the drawing room. In the next room, the dead body of Ajit Kaur, sister of T.P.Singh was found lying in a pool of blood. All these dead bodies were identified by PW33.
5. PW40 Inspector Ram Gopal collected blood with the help of cotton from the area near the dead body of T.P.Singh, Shibani Singh and Ajit Kaur. Blood samples were also lifted from the pieces of glass, from the area of toilet, sink, refrigerator and jar. All the above material objects were properly parceled and sealed. The articles in the cupboard were found scattered. Three knives out of which one was broken were also found near the dead body of Shibani Singh. The same also were recovered under relevant recovery memo.
6. On 6.2.2006 during midnight when PW39 Barinder Pal Singh was returning to his house, he found accused Pawandeep Singh, elder son of T.P.Singh on the driver seat of Zen Car which did not self-start. Two persons standing behind the car were pushing the same.
7. PW2 Raghbir Singh was the owner of the house bearing No.S- 55/33, DLF Phase 3, Gurgaon. He spoke about the fact that the first floor of the house was rented to accused Pawandeep Singh and the top floor of said house was given rent to Pearl. On 7.2.2006, accused Pawandeep Singh and Gulati Sumit 2013.08.27 14:12 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl.A. No.991-DB of 2009 -4- Pearl disappeared from the above house.
8. PW25 Dr.Sanjeev, Sr.Scientific Officer visited the scene of crime on 7.2.2006 as per the direction issued by the Director, Central Forensic Science Laboratory, Chandigarh. He thoroughly examined the scene of crime. He assisted for the recovery of empty cartridges and fired bullet from the scene of crime. He also assisted for lifting of blood samples from the scene of crime. Few blood stains around the kitchen were also lifted for examination. Blood samples from the kitchen platform, kitchen tap and the floor near the toilet were found to be of male individuals and were not consistent with the DNA profiles of the victims Ajit Kaur, T.P.Singh and Shibani Singh. Further, the DNA profile of the blood sample collected at the entrance of kitchen matched with the blood of deceased Ajit Kaur. The DNA profile of blood sample from refrigerator was a mixture of DNA from two or more individuals.
9. PW10 Jasdeep Singh is the brother of accused Pawandeep Singh. He received communication on 7.2.2006 about the murder of his parents and his aunt. He contacted his relatives including his sister, his maternal uncle, his grandmother and accused Pawandeep Singh. Accused Pawandeep Singh's mobile was not reachable. Accused Pawandeep Singh was having a mobile bearing SIM No.9312579667. He also tried to contact Pearl, the girlfriend of accused Pawandeep Singh. Her mobile also was switched off. Therefore, from Delhi Airport, he proceeded to the residence of his brother accused Pawandeep Singh at House No.S-55/23 DLF, Gurgaon, but his house was found locked. He informed the police that right Gulati Sumit 2013.08.27 14:12 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl.A. No.991-DB of 2009 -5- from the beginning accused Pawandeep Singh was not on the right track. His father secured admission for accused Pawandeep Singh in Hotel Management in Goa, Merchant Navy at Bombay and Indian Military Academy at Dehradun, but accused Pawandeep Singh did not complete the course in any of those institutions. He was always short of money. He always required money to satisfy his personal habits like drinking, smoking and drugs. He had fallen into bad company with girls who also had drinking, smoking and drug addiction. His parents were also worried about accused Pawandeep Singh. They hoped that one day accused Pawandeep Singh would turn around and come on the right track. His parents always supported and paid the debts of accused Pawandeep Singh. Accused Pawandeep Singh had an affair with one Natasha and thereafter with one Pearl who hailed from Nagaland. When accused Pawandeep Singh had been to Nagaland to play cricket match, he called his parents and expressed his desire to have engagement with Pearl, but the parents did not agree as they did not want the engagement to take place without their presence.
10. PW1 Munish Bagga, was the friend of accused Pawandeep Singh. Accused Pawandeep Singh was his office-mate. He had close association with accused Pawandeep Singh. Accused Pawandeep Singh had thereafter joined Global Vantage Call Centre, Gurgaon. He read the triple murder in the news paper on 8.2.2006. He made an attempt to contact accused Pawandeep Singh, but his mobile was not reachable. He also tried to contact Pearl, the girlfriend of accused Pawandeep Singh, but she did not answer the call. Thereafter he visited the house of T.P.Singh on 8.2.2006. Gulati Sumit 2013.08.27 14:12 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl.A. No.991-DB of 2009 -6- At about 12.38 p.m., PW1 received a telephonic call from Pearl. He also talked to accused Pawandeep Singh and informed him of the murder of his parents. But accused Pawandeep Singh replied that he was proceeding to Nagaland to enquire about the health of the father of Pearl.
11. PW32 Dr.Sarandeep Singh conducted post mortem examination on the dead bodies of Ajit Kaur, T.P.Singh and Shibani Singh on 9.2.2006. As many as 14 injuries of laceration and contusion were found on the dead body of Ajit Kaur. He opined that Ajit Kaur had died due to cranio-cerebral damage consequent upon blunt force impact to the head. All these injuries were certified as ante mortem in nature and were caused by blunt force.
12. PW32 Dr.Sarandeep Singh found as many as 9 injuries on the dead body of T.P.Singh. He found three lacerated wounds, two contusions and three fire arm injuries. He opined that T.P.Singh died due to haemorrhage and shock consequent upon the damage to the inferior vena cava due to discharge of a single wound of ammunition from rifled bore firearm.
13. PW32 conducted post mortem examination on the dead body of Shibani Singh and found lacerated wounds, stab wounds, incised wounds and contusions. He opined that she had died due to haemorrhage and shock consequent upon multiple stab wounds to the left lung. All these injuries were found to be ante mortem in nature.
14. PW9 Vilhousie Peseyie, Deputy Commandant, 3rd NAP, Nagaland associated PW24 S.I. Harinder Singh Sekhon to arrest accused Pawandeep Singh who was staying in village L.Hotovi on 13.2.2006. Gulati Sumit 2013.08.27 14:12 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl.A. No.991-DB of 2009 -7-
15. PW24 arrested accused Pawandeep Singh vide memo Ex.P88 on the said day. The Zen car which was missing from the house of T.P.Singh at Chanidgarh was recovered from the backside of House No.55/3, DLF, Gurgaon. Two torn vests stained with blood were found underneath the rear seat of the said car. The above material objects were recovered under the recovery memo.
16. PW25A, S.I. Satbir Singh, Incharge of Mobile Forensic Team, Chandigarh (as two witnesses were assigned with the rank of PW25, S.I, Satbir Singh was assigned with the rank of PW25A in order to avoid confusion) would speak to the fact that he lifted fingerprints from the scene of crime and also from a jug found therein. He also lifted fingerprints from the rear back side as well as from the right side view mirror of the Maruti car which was recovered by the police.
17. PW24 SI Harinder Singh Sekhon also arrested accused Ravi Kant Tyagi and accused Anil Tyagi on 21.2.2006 from a place called Okha in Jamnagar, Gujarat.
18. As ordered by PW21 Rakesh Kumar Bhankar, learned Judicial Magistrate on the basis of the application moved by the Investigating Official on 4.3.2006, the fingerprint impressions of those two accused were lifted. On 25.4.2006, on the basis of application filed by the Investigating Official the fingerprint impressions and palm print impressions of both the hands of accused Pawandeep Singh were also lifted.
19. PW25 Dr.Sanjeev, Sr.Scientific Officer spoke to the effect that the blood group found on the vests sent for examination matched with the Gulati Sumit 2013.08.27 14:12 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl.A. No.991-DB of 2009 -8- blood group of accused Pawandeep Singh.
20. PW11 Rajiv Giroti, Jr.Scientific Officer has deposed that the DNA profile obtained from the sample blood lifted from the kitchen platform, kitchen tap and the floor near the toilet tallied with the DNA profile of accused Anil Tyagi.
21. On the basis of the disclosure statement made by accused Ravi Kant Tyagi, gold ornaments Ex.P21 and a lady's watch Ex.P25, a VISA ATM card of ICICI Bank were recovered. The fingerprints found on the jug tallied with the fingerprints of accused Pawandeep Singh, Anil Tyagi and Ravi Kant Tyagi. The fingerprints lifted from the rear side of the Zen car matched with the fingerprint of accused Anil Tyagi and accused Ravi Kant Tyagi as per the report submitted by the Fingerprints Expert.
22. Accused Anil Tyagi has submitted in his statement under Section 313 Cr.P.C. that he was innocent. Accused Pawandeep Singh was not known to him. He was arrested by Dwarka Police and a false case was implicated. He was infact asked to handle the glass tumblers and jug and other items when he was in police remand, he further submitted.
23. Accused Pawandeep Singh submitted that he was innocent. His parents showered love and affection on him. He also equally respected them. He was brought up in a very decent way. He never drifted from the normal life. His brother in order to lay claim over the entire property left behind by his parents has come out with a a false story. He did not know any girl by the name of Pearl. The ornaments alleged to have been recovered from the other accused did not belong to his mother and aunt. He Gulati Sumit 2013.08.27 14:12 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl.A. No.991-DB of 2009 -9- did not receive any message regarding the death of his parents.
24. Accused Ravi Kant Tyagi in his statement under Section 313 Cr.P.C. has stated that Pawandeep Singh was not known to him. He was arrested by Dwarka Police and a false case was implicated. He was infact asked to handle the glass tumblers and jug and other items when he was in police remand.
25. The trial Court having adverted to the various circumstances projected by the prosecution recorded conviction as against the accused as stated supra.
26. We heard the submissions made by learned counsel appearing for the appellants as well as learned APP for U.T. Chandigarh. We also went through the entire materials found on record.
27. The case is based on circumstantial evidence. All the inmates on the ground floor of the house were butchered to death during mid of night. No wonder, there was no eye witness to the occurrence. If the prosecution could establish the various circumstances which could link the accused to the crime, then the accused will have to face conviction. We will have to see whether any material link in the chain of circumstances got snapped or all the links in the circumstances have been coherently projected by the prosecution to pin down the accused with the charges framed as against them. There may be a missing link in the chain of circumstances as some of the witnesses may turn hostile or there may be some lapse on the side of the prosecuting agency to establish that part of the link, but the Court is concerned with the missing of material link in the chain of Gulati Sumit 2013.08.27 14:12 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl.A. No.991-DB of 2009 -10- circumstances which may of course go to the benefit of the accused. In other words, even if an immaterial link is missing in the chain of circumstances, the case of the prosecution can still survive.
28. PW10 Jasdeep Singh is none other than the brother of accused Pawandeep Singh. He is the competent witness to speak about the conduct of accused Pawandeep Singh. He has categorically deposed that accused Pawandeep Singh who had drifted from the normal life was in need of money to satisfy his desire to have drinks, drugs and cigarettes. Accused Pawandeep Singh also had a girlfriend. Another important aspect which has been brought forth by PW10 was that accused Pawandeep Singh who had been to Nagaland, the native State of his girlfriend, informed his parents that he had a proposal to clinch an engagement with his girlfriend which was stoutly resisted by the parents on the ground that no engagement could be held in their absence.
29. Further, it is a common knowledge that a person who is addicted to drinks and drugs would stoop to any level to mobilize money to purchase drinks and drugs. It is on record that a criminal case was already booked as against accused Pawandeep Singh for car theft.
30. The above facts and circumstances spoken to by PW10 would establish that the accused was not only in need of money, but also had a grouse against his parents who refused to give their consent for the engagement he had proposed in absentia of his parents.
31. It is a case of patricide as projected by the prosecution against accused Pawandeep Singh. A normal human being may not behave in such Gulati Sumit 2013.08.27 14:12 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl.A. No.991-DB of 2009 -11- a fashion. After all, the parents shower love and affection even on their son who has drifted from the normal life with the fond hope that one day their son would turn to a normal life. But a person who is addicted to drink and drug habits would loose his mental acumen to recollect the parents' contribution in his upbringing. No wonder, accused Pawandeep Singh had committed murder of his parents as well as his aunt who happened to be in the house of his father on the unfortunate day. The prosecution has established the motive behind the murder.
32. PW10 Jasdeep Singh made an attempt to contact his brother accused Pawandeep Singh as well as his girlfriend, but he could not reach them as their mobiles were out of reach/switched off. Even a message sent to his brother by PW10 that his parents were murdered did not evoke any response from accused Pawandeep Singh. PW10 had reached Gurgaon from Delhi Airport to contact his brother accused Pawandeep Singh, but the house of his brother as well as his girlfriend were found locked. PW2 Raghbir Singh, landlord of house of accused Pawandeep Singh and his girlfriend spoke about the fact that on 7.2.2006, the house of accused and Pearl were found closed and they infact disappeared on and from 7.2.2006.
33. PW1 Munish Bagga, a friend of accused Pawandeep Singh also made an attempt to contact accused Pawandeep Singh to inform him of the murder of his parents. He had received a very shocking reply from accused Pawandeep Singh who could be contacted by him after much efforts that he was proceeding to Nagaland to enquire about the health of the father of his girlfriend.
Gulati Sumit 2013.08.27 14:12 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl.A. No.991-DB of 2009 -12-
34. The above conduct spoken to by PW1, PW2 and PW10 speaks volumes of the complexity of accused Pawandeep Singh in the crime. No son, worth the salt, would casually receive such a shocking information that both the parents were done to death and inform the person who contacted him that he was proceeding to enquire about the health of the father of his girlfriend. It is to be noted that accused Pawandeep Singh was the eldest son of his parents. Both the sons of the deceased were not married. Had accused Pawandeep Singh had no role in the murder of his parents and his aunt, he would not have behaved in such an abnormal fashion.
35. PW39 Barinder Pal Singh is an important witness in this case. Of course, he has come out with a little amount of inconsistent version for certain reasons. Just because a witness was inconsistent in his version for certain explainable reasons, his evidence cannot be rejected in toto. The entire evidence of a witness will have been thoroughly scanned before ever rejecting the same. Even a portion of the evidence of a witness who has turned hostile can be relied upon by the Court, if such a portion of the evidence inspired confidence.
36. PW39 Barinder Pal Singh has come out with a startling revelation during the course of cross-examination by accused Pawandeep Singh that he did not want to disclose the name of his village and the place where his agricultural land were situate. In our considered view, PW39 had been gripped with a mortal fear that he might also face the same fate as the parents of accused Pawandeep Singh if he came out with cogent testimony as against accused Pawandeep Singh. We find that PW39 has come out with Gulati Sumit 2013.08.27 14:12 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl.A. No.991-DB of 2009 -13- an inconsistent version only on account of such fear psychosis he had been gripped with.
37. We delved deep into the entire evidence of PW39 and found that he had infact witnessed accused Pawandeep Singh sitting on the driver seat of Zen car at the residence of his parents and the other two accused pushing the car from behind as the vehicle did not self-start. PW39 had spotted all the three accused immediately after the occurrence in the mid of night on 6.2.2006. We discard his inconsistent version in the cross examination that he did not know accused Pawandeep Singh. He has categorically deposed during the course of chief examination that it was correct that at the time when accused Pawandeep Singh elder son of T.P.Singh informed him that there was some trouble in starting the car, the other accused were giving a push to the car. He had also volunteered and said that accused Pawandeep Singh told him that it was "their car". We have no hesitation to rely upon the evidence of PW39 to the effect that he spotted accused Pawandeep Singh on the driver seat of Zen car immediately after the occurrence and the other two accused engaged in the process of pushing the car from behind.
38. Accused Pawandeep Singh was arrested only at Nagaland by PW24 SI Harinder Singh Sekhon with the able assistance of PW9 Vilhousie Peseyie. It is an admitted version of accused Pawandeep Singh that he had not attended the funeral ceremony of his parents. The very fact that he had absconded even without attending the funeral ceremony of his parents and was arrested in a North-Eastern State about 6 days after the occurrence also Gulati Sumit 2013.08.27 14:12 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl.A. No.991-DB of 2009 -14- supports the case of the prosecution that he had absconded only on account of his involvement in the crime.
39. The Zen car which was taken away was recovered from the backside of the residence of accused Pawandeep Singh at Gurgaon. Two vests were recovered therefrom. The blood sample taken from accused Pawandeep Singh matched with the blood sample lifted from the vests recovered from the car as per the CFSL report submitted by the expert. A broken number plate of the Zen car was also recovered only at the instance of accused Pawandeep Singh. The fingerprints lifted from the jug recovered from the scene of crime also matched with the fingerprints of accused Pawandeep Singh.
40. The recovery of the stolen car, the recovery of vests stained with blood and CFSL report which speaks of the fingerprints lifted from the jug matched with the fingerprints of accused and the blood sample taken from the vests matched with the blood samples of accused Pawandeep Singh, would go to establish that accused Pawandeep Singh was also one of the accused who participated in the murder of his parents as well as his aunt.
41. Accused Anil Tyagi and accused Ravi Kant Tyagi had been arrested on 21.3.2006 from Gujarat by PW24 SI Harinder Singh Sekhon. They had suffered disclosure statements. On the basis of disclosure statement suffered by accused Anil Tyagi, 3 pairs of ear hangings Ex.P22 to Ex.P24 and a ladies watch Ex.P26 had been recovered from beneath the staircase of the basement of his STD booth. On the basis of the disclosure statement suffered by accused Ravi Kant Tyagi, a gold necklace Ex.P21, a Gulati Sumit 2013.08.27 14:12 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl.A. No.991-DB of 2009 -15- ladies watch Ex.25 and a VISA ATM card of ICICI bank had been recovered under recovery memo Ex.P112 from the basement of STD booth. The ornaments recovered from accused Anil Tyagi and Ravi Kant Tyagi had been identified by PW10 Jasdeep Singh in the presence of PW6 H.R.Nagra, Executive Magistrate. He has categorically identified that those ornaments belong to his mother Shibani Singh and his aunt Ajit Kaur. Their fingerprints also were found on the jug recovered from the scene of crime and on the rear side of the Zen car as per the report Ex.P27 and Ex.P28 submitted by Fingerprints Bureau, Phillaur. Though PW39 Barinder Pal Singh had not specifically named these two accused Anil Tyagi and Ravi Kant Tyagi as the persons who pushed the car from behind when accused Pawandeep Singh was making an attempt to start the car, the above report submitted by the Fingerprints Bureau would go to establish that these two accused had infact pushed the car from behind. That apart, DNA profile of accused Anil Tyagi matched with the DNA profile obtained from the blood stains found in the kitchen platform, floor near the toilet and kitchen tap. The above circumstances would clinchingly establish that not only accused Pawandeep Singh, but also Anil Tyagi and Ravi Kant Tyagi committed the crime charged as against them. In our view, all the chain of circumstances projected by the prosecution have been well established. Infact, there was no snap in the link in the chain of circumstances.
42. It was submitted by learned counsel appearing for the appellants that independent witnesses, namely, PW19 Pherey Singh, PW20 Rajinder Singh and PW39 Barinder Pal Singh had turned hostile to the case Gulati Sumit 2013.08.27 14:12 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl.A. No.991-DB of 2009 -16- of the prosecution. There was no independent evidence to support the case of the prosecution.
43. We have analyzed the evidence of PW39 Barinder Pal Singh and arrived at a conclusion that his evidence cannot be rejected just because Barinder Pal Singh turned hostile for certain explainable reasons. In our considered view, the hostility exhibited by PW39 and PW20 does not weaken the case of the prosecution which was otherwise established.
44. It was further argued by learned counsel appearing for the appellants that no Test Identification Parade was conducted.
45. The Test Identification Parade is conducted to make it sure that that investigation is moving on the right direction. The witness concerned also gets an opportunity to recollect his memory at the earliest. But it is to be noted that identification of the accused by the witness concerned during the course of trial alone is relevant and admissible. The evidence of PW39 Barinder Pal Singh would go to show that accused Pawandeep Singh son of deceased T.P.Singh was already known to him. The presence of other two accused could be connected by fingerprints found on the rear side of the Zen car which was stolen. Therefore, the failure to conduct the Test Identification Parade associating PW39 who did not identify accused Anil Tyagi and Ravi Kant Tyagi does not in any way derail the case of the prosecution.
46. The mobile of accused Pawandeep Singh bearing No.9312842992 was in use at Gurgaon at about 11.00 p.m. on 6.2.2006. It was submitted in the above context that accused Pawandeep Singh would Gulati Sumit 2013.08.27 14:12 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl.A. No.991-DB of 2009 -17- not have been present at the scene of crime in the mid of night. We reject the above submission for two reasons. One is that accused Pawandeep Singh would have left behind the mobile at his residence in Gurgaon at the time when he left for Chandigarh. Secondly, this mobile set would have been given to his girlfriend who was very much residing in the same apartment. Therefore, the evidence of PW23 Mr.S.K.Mittal, General Manager, Reliance Communications does not throw any doubt on the case of the prosecution that accused Pawandeep Singh was present at the scene of crime at the relevant point of time.
47. It was further submitted by learned counsel appearing for the appellants that PW33 Ajay Singh, domestic servant of the deceased could have heard the noise if at all there was commotion in the ground floor followed gun shot. Firstly, we find that PW33 Ajay Singh had served right from 5.00 a.m. to 11.00 p.m. He would have been in deep sleep at the time of occurrence which took place within about 1 or 2 hours from the time he retired to his residential portion in the upstairs of the house. Secondly, we find that the occurrence had taken place in the first week of February, 2006. The photographs taken from the site would go to show that everyone had used quilt as well. PW33 has also categorically deposed that there was a door to the staircase which proceeded to the first floor and deceased T.P.Singh locked the said door. During the winter season all the doors are totally closed and quilt is used to cover the entire body before ever a person goes to bed. No wonder, PW33 who was in the upstairs had not heard anything when the murder spree was going on in the ground floor. Gulati Sumit 2013.08.27 14:12 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl.A. No.991-DB of 2009 -18-
48. It is not a case of the prosecution that the neighbours witnessed the occurrence. Therefore, non-examination of the neighbours in the locality does not in any way effect the case of the prosecution.
49. It is submitted by the learned counsel appearing for the appellants that the prosecution failed to establish that there was any injury on the person of the accused.
50. Accused Pawandeep Singh was arrested on 13.2.2006 after a lapse of 6 days from the date of occurrence and accused Anil Tyagi and Ravi Kant Tyagi were arrested on 23.3.2006 after a lapse of about 16 long days. Blood may ooze out even if there is a small injury on the non-vital part of the body. Such a small injury might have been healed on account of the lapse of time between the date of occurrence and date of arrest of accused. But the fact remains that blood stains had been lifted from the scene of crime long prior to the arrest of the accused. The DNA profile of accused Anil Tyagi had matched with the DNA profile obtained from the blood stains found at the scene of crime. The blood stains found on the vests recovered from the stolen car also matched with the blood group of accused Pawandeep Singh. We do not doubt the version of the prosecution based on such scientific evidence.
51. It was vehemently argued by learned counsel appearing for the appellants that the accused would not have left the ornaments and other articles in the house had they proposed to rob the ornaments from the house of the deceased.
52. We cannot delve deep into the thinking process of the accused Gulati Sumit 2013.08.27 14:12 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl.A. No.991-DB of 2009 -19- which ultimately convinced them to loot only a part of the valuables in the house of the deceased. It may also be a case where the accused had come with an intention to cause the death, but having found that valuables were there, they had taken away those valuables as well. It may also be a case where the accused were under the compulsion to wind up their operation forthwith as there had been some movements outside. But the fact remains that the ornaments of deceased Shibani Singh and Ajit Kaur had been recovered at the instance of accused Ravi Kant Tyagi and Anil Tyagi on the basis of their disclosure statements. Therefore, we do not entertain any suspicion on the story of the prosecution just because the entire valuables in the house of the deceased were not looted.
53. In view of the above facts and circumstances, we find that the trial Court has rightly returned a verdict of conviction as against the accused-appellants based on the proved circumstantial evidence. Therefore, confirming the judgement of conviction and sentence passed by the trial Court, both the appeals stand dismissed.
(M.JEYAPAUL)
JUDGE
August 21, 2013 (ANITA CHAUDHRY)
Gulati JUDGE
Gulati Sumit
2013.08.27 14:12
I attest to the accuracy and
integrity of this document
High Court, Chandigarh