Punjab-Haryana High Court
Sukhdev Singh @ Bittu vs State Of Punjab on 5 November, 2009
Author: Daya Chaudhary
Bench: Jasbir Singh, Daya Chaudhary
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl.Appeal No.454 DB of 2006
Date of decision: 5.11.2009
Sukhdev Singh @ Bittu
......Appellant
Vs.
State of Punjab
...Respondent
CORAM:- HON'BLE MR.JUSTICE JASBIR SINGH.
HON'BLE MRS.JUSTICE DAYA CHAUDHARY.
PRESENT: Ms. Divya Sharma, Advocate and
Mr. Gaurav Bhaiya Advocate for appellant.
Mr.D.S.Brar, Deputy Advocate General, Punjab,
for respondent-State.
****
DAYA CHAUDHARY, J.
1. The present appeal arises out of judgment of conviction and order of sentence dated 10.5.2006 passed by Sessions Judge, Ferozepur, in Sessions Case No. 32 of 2003, vide which accused-appellant Sukhdev Singh alias Bittu has been convicted for offence under Sections 302, 449 and 324 IPC and sentenced as under:
U/S 302 IPC Imprisonment for life and fine of Rs. 500/- and in default of payment of fine, further RI for one year; U/s 449 IPC RI for ten years and fine of Rs.5000/- and in default of payment of fine, further RI for one year and U/s 324 IPC RI for one year.
2. The brief facts of the prosecution case are that on 23.5.2003, Crl.Appeal No.454 DB of 2006 [2] ASI Gurbhej Singh while posted at Police Station City, Fazilka, received a ruqa with regard to death of Jyoti Sharma. He along with some other police officials reached at Civil Hospital, Fazilka where the doctor produced before him a medico-legal report of Bansati Sharma injured (complainant). Application Ex.P8 was moved before the doctor to know about the fitness of Bansati Sharma to make statement. She was declared fit to make statement vide endorsement Ex.P8/1. ASI Gurbhej Singh recorded the statement of Basanti Sharma Ex.P9 to the effect that her husband Vishwa Nath Sharma is working as labourer. She has three daughters namely, Renu Sharma, Pinky Sharma, Jyoti Sharma (now deceased) and son Bhupinder Sharma. Her two daughters - Renu Sharma and Pinky Sharma were married whereas her remaining children are unmarried. She along with her family was residing in a rented house of one Kewal Krishan situated in Jora Singh Mann Nagar, Fazilka. On 23.5.2003 she, along with her daughter Jyoti Sharma, was sitting in the court-yard of upper floor of the house, the outer light of the house was on. At about 8.00 p.m., accused-appellant Sukhdev Singh alias Bittu came there armed with a naked sword and exhorted lalkara to teach a lesson to Jyoti Sharma for not contracting marriage with him. He inflicted a sword blow upon Jyoti Sharma. She tried to save herself by raising her left hand and the blow hit her left hand, which resulted into cutting of the left thumb. Thereafter, the appellant inflicted many sword blows upon her, as a result of which her left wrist was cut and her both arms were badly injured. Jyoti Sharma tried to rescue herself and tried to come down from the stairs, but the appellant followed her. The complainant also followed them. Crl.Appeal No.454 DB of 2006 [3] Meanwhile, husband of the complainant also reached there. The appellant gave sword blows on the head and mouth of Jyoti Sharma due to which she fell down. The complainant raised alarm 'Mar-Ditta, Mar-Ditta' and tried to rescue her daughter. The accused hit the complainant also on her forehead with the handle of the sword. The husband of the complainant tried to intervene but the appellant succeeded in running away upstairs. Many people gathered at the spot and started raising alarm. The accused ran away along with the sword from the spot but sheath of the sword was left at the spot.
3. As per prosecution story, the motive behind the occurrence was that accused Sukhdev Singh wanted to marry with Jyoti Sharma and for that purpose he went on 22.5.2003 in the evening, but she refused to marry with him. Due to this reason, the appellant caused death of Jyoti Sharma and also injured Bansati Sharma complainant.
4. On the basis of statement made by Basanti Sharma, ASI Gurbhej Singh sent report to the police station for registration of case and a formal FIR Ex.P9/B was recorded by MHC Bhagwan Singh. Inquest report Ex.P2 on the dead body was prepared and statements of witnesses recorded by the Investigating Officer. The dead body of Jyoti Sharma was sent for post mortem examination. ASI Gurbhej Singh visited the place of occurrence and took photographs of the place of occurrence. The left hand chopped off was lying separate which was taken into possession. Blood- stained brick and simple brick were lifted from the spot which were taken into possession by making two separate parcels sealed with the seal impression 'GS'. Iron Kara belonging to Jyoti Sharma lying on the spot was Crl.Appeal No.454 DB of 2006 [4] also taken into possession. The sheath of the sword was also taken into possession which was found at the place of occurrence. One scooter 'Chetak Bajaj' bearing Registration No. PB-05 D7710 was lying in the street adjoining to outer gate and from the dicky of the scooter, registration cover of the scooter was recovered which was in the name of Gurbachan Singh, father of the appellant. The scooter was taken into possession by the police. A blood-stained shoe was also taken into possession. Statements of witnesses were recorded and rough site plan of the place of occurrence was prepared. Inspector Balwinder Singh reached at the spot and investigation was handed over to him, who inspected the spot on 24.5.2003 and recorded statements of witnesses. He also visited Civil Hospital, Fazilka where post mortem report and clothes of the deceased were taken into possession and sealed with seal impression 'BS'. Statement of Basanti Sharma injured was recorded and blood-stained clothes were produced. Sukhdev Singh was arrested on 24.5.2003 who made a disclosure statement and in pursuant thereto a blood stained sword and right foot shoe were recovered at his instance. Statements of HC Prem Singh and Ashok Kumar Photographer were recorded.
5. After completion of investigation, challan against the accused- appellant was presented in the Court of Illaqa Magistrate. Copies of documents relied upon by the prosecution were supplied and the case was committed to the Court of Session for trial. Charge under Section 302/449 and 324 IPC was framed against the accused to which he pleaded not guilty and claimed trial.
6. The prosecution in support of its case examined as many as 13 Crl.Appeal No.454 DB of 2006 [5] witnesses namely, Dr.P.R.Bhadu PW-1, Dr.I.M.Chalana PW-2, Basanti Sharma (complainant) PW-3, Vishwa Nath PW-4, HC Bal Krishan PW-5, HC Prem Singh PW-6, Ravinder Singh PW-7, Ashok PW-8, HC Bhagwan Singh PW-9, Constable Fauja Singh PW-10, ASI Gurbhej Singh PW-11, Inspector Balwinder Singh PW-12 and Constable Harpal Singh PW-13. After close of the prosecution case, statement of the accused under Section 313 Cr.P.C. was recorded wherein he denied the allegations and pleaded innocence and false implication. The accused did not produce any evidence in defence.
7. The trial Court after hearing the arguments of counsel for the parties and on appreciation of evidence available on record, convicted and sentenced the accused-appellant as mentioned above.
8. The judgment of conviction and order of sentence passed by the trial Court is subject-matter of challenge by way of appeal on taking various grounds.
9. Ms Divya Sharma learned counsel for the accused-appellant has argued that it is a blind murder. There is an inordinate delay in registration of the FIR which has not been explained. The motive projected by the prosecution has not been proved. The case of the prosecution is based only on the statement of interested and closely related witnesses. Although the father of the deceased was present in the house but there was not a single injury on his person which shows that he was not present there at the time of occurrence. It is also the case of the accused-appellant that delay in lodging FIR has been utilized in creating evidence and some of the witnesses have been planted who were not present at the spot and the story Crl.Appeal No.454 DB of 2006 [6] propounded by the prosecution seems to be improbable. No independent witness has been examined to corroborate the statement of highly interested and closely related witnesses. Moreover, there are discrepancies and contradictions in the statements of the prosecution witnesses which doubt their testimony.
10. Mr. D.S.Brar, learned Deputy Advocate General for the State has argued that the prosecution has fully proved its case on the basis of statements of eye-witnesses and strong motive was there to commit murder. The complainant is an injured witness who also received injuries. The ocular version has been corroborated by medical evidence.
11. We have heard the arguments of learned counsel for the parties and have also gone through the evidence and other documents on record.
12. Admittedly, the occurrence took place on 23.5.2003 at about 8.00 p.m. whereas the FIR was lodged at 10.35 p.m on same day on the statement of Basanti Sharma (PW3), the mother of the deceased. Basanti Sharma who reached Civil Hospital, Fazilka for treatment at 8.45 p.m. on 23.5.2003 was medico-legally examined at 9.10 p.m. and her statement was recorded at 10.30 p.m. Thus, there was no delay in lodging the FIR. The presence of Bansati Sharma (PW3) cannot be doubted as she received many injuries when she tried to rescue her daughter from the hands of the accused-appellant. The appellant was known to the family as there was offer of marriage which was refused by the deceased. Statement of Basanti Sharma PW-3 has further been corroborated by statement of Vishwa Nath PW-4. It has also come in evidence that owner of the house Kamal Krishan Crl.Appeal No.454 DB of 2006 [7] was not present in the house, at the time of occurrence.
13. As per statement of Dr.P.R.Bhadu (PW1), who conducted the post mortem examination on the dead body of Jyoti Sharma, injuries No.1 to 13 could be the result of kirpan and cause of death was due to haemorrhage and shock as a result of injuries on the vital organs, which were sufficient to cause death in the ordinary course of nature. Dr.Bhadu further opined that all injuries were ante mortem in nature. Dr.Bhadu also admitted in cross-examination that possibility of injuries 1 to 13 could be caused with different sharp and pointed weapon earlier. There is no other evidence on record to prove that the injuries could be caused or were caused by other weapon. The presence of Vishwa Nath PW4 cannot be doubted on the ground that there was no injury on his person. Vishwa Nath PW4 has specifically stated that when Basanti Sharma tried to intervene, the appellant caused injuries to her and when he tried to intervene, then appellant also tried to inflict injuries upon him, he went upstairs to rescue himself and raised alarm which attracted people on the spot and the appellant ran away from there.
14. As far as the contention of learned counsel for the appellant with regard to discrepancy and contradiction is concerned, there is no material discrepancy or contradiction in the statements of the prosecution witnesses. If there are some minor discrepancy and contradiction, the same are bound to occur with the passage of time.
15. The contention of learned counsel for the appellant is that the ocular version has not been supported by medical evidence. The statements of complainant Basanti Sharma PW3 and Vishwa Nath PW4 are consistent Crl.Appeal No.454 DB of 2006 [8] and are corroborated by medical evidence as Dr.Bhadu PW-1, who conducted post mortem examination on the dead body of Jyoti Sharma, found the following injuries on her person:
"1.Incised stab wound, verticle 3 x 1 cm on front of right side of chest on middle part 6 cm right to midline. Clotted blood was present on probing the probe gone deep into the chest cavity. On dissection, the underlying tissues, muscles and pleureae were pierced, underlying lung was pierced, about 200 cc blood was present in right chest cavity.
2.An incised stab wound 3x1 cm verticle present on left side of chest just below and lateral to left nipple. Clotted blood was present. On probing the probe passed deep into the left chest cavity. On dissection, the underlying tissues muscles pleureae and piricadium was pierced. Left ventricle of heart was punctured. Left cavity was full of blood.
3. An incised wound 3cm x 1 cm verticle present in epigestric region just below the xyphisturnum. Clotted blood was present. On probing the probe passed deep into the abdominal cavity. On dissection, the underlying tissues, muscles and peritoneum was pierced. The underlying left lobe of liver was pierced about 200 cc blood was present in abdominal cavity.Crl.Appeal No.454 DB of 2006 [9]
4. An incised wound 20 cm oblique through and though the lower part of left forearm and wrist joint. The distel part was cut off and the wound on cut off part coincided with the wound on the left forearm and fitted into it. Clotted blood was present.
5. An incised wound 5 cm x 1 cm on back of left forearm lower part. Clotted blood was present.
6. An incised wound 8 cm x 1 cm oblique on outer side of left arm of upper part. Clotted blood was present.
7. Incised wound 10 cm x 1 cm oblique on left cheek and ear libule. Clotted blood was present.
8. An incised wound 5 cm x 1 cm on right maxillary area of face. Clotted blood was present.
9. An incised wound 6 cm x 1 cm verticle on right frontal region of head . Clotted blood was present.
10.An incised wound 8cm x2cm oblique present on back of right forearm upper part. Clotted blood was present,underlying bone was cut.
11.Incised wound 10cm x1 cm oblique on right hand. Clotted blood was present.
12.Incised wound 6 cm x 0.5 cm oblique on front of left leg upper part. Clotted blood was present. Crl.Appeal No.454 DB of 2006 [10]
13.Incised wound 5 cm x 1 cm oblique on front of left thigh middle part. Clotted blood was present. Dr.I.M.Chalana, Sr. Medical Officer (PW2) who medico-legally examined Basanti Sharma complainant found the following injuries on her person:
"1.Swelling 3 cm x 3 cm on hair line in the middle tender. There was no history of vomitting or unconsciousness.
2. An incised wound 3 cm x 0.25 cm x 0.25 cm on left arm on the radial aspect, lower half. Fresh oozing of blood was present.
3. An incised wound 3 cm x 0.5 cm x 0.5 cm on left thenar eminance. Fresh bleeding was present.
4. An incised wound 2 cm x 0.5 cm x bone deep on the proximal phalanx of left index finger. Obliquely. Fresh bleeding was present.
5. An incised wound 2 cm x 0.5 cm x bone deep oblique in direction on the middle phalanx of left index finger palmer side, fresh bleeding was present.
6. An incised wound 2.5 cm x 0.5 cm bone deep on the proximal phalanx of left middle finger palmer side oblique in direction. Fresh bleeding Crl.Appeal No.454 DB of 2006 [11] was present.
7. An incised wound 2 cm x 0.25 cm x 0.5 cm on the middle phalanx of left finger palmer side. Fresh bleeding was present.
8. An incised wound semi circular 3.5 cm x 0.5 x 0.5 cm at the base of right thumb dorsum side. Fresh bleeding was present."
As per opinion of the doctor, injuries No.2 to 8 could be caused by kirpan.
16. The argument of learned counsel for the accused-appellant that the case of the prosecution rests on the testimony of eye-witness Basanti Sharma (PW3) who is mother of the deceased and Vishwa Nath (PW4) the father of the deceased. The argument that the statements of Basanti Sharma and Vishwa Nath cannot be relied being closely related to the deceased, has no substance. It is a settled law that the case of the prosecution cannot be thrown only on the ground that the witnesses are closely related to the deceased. This view has been supported by Hon'ble the Supreme Court in Kalhu Yadav v. State of Bihar 2002(2) RCR(Cri)
769. Mere relationship of the witnesses with the deceased is no ground to discard their testimony. Statement of Basanti Sharma PW3 cannot be disbelieved particularly when she herself has suffered injuries at the hands of the accused in the same incident and total eight injuries were found on her person. As per statement of Dr.I.M.Chalana PW2, who medico legally examined Basanti Sharma on 23.5.2003 at 9.10 p.m. i.e. immediately after Crl.Appeal No.454 DB of 2006 [12] the occurrence, which took place at 8.00 p.m. There were total 13 injuries which were caused to deceased Jyoti Sharma and it is a brutal murder. The appellant caused injuries to deceased with kirpan in her house and also attacked her mother Basanti Sharma who tried to rescue her. So the statement of Basanti Sharma cannot be doubted. She was immediately taken to Civil Hospital, Fazilka and made statement that she knew the accused who came to the house earlier with Kirpan and told Jyoti to teach her a lesson for not getting married with him. Deceased Jyoti was only 17 years of age and was a student of +2 Class. She was caused injuries with sword as a result of which her left thumb was chopped off and her left hand from the wrist was also chopped off.. The motive for causing injuries to Jyoti to commit murder has been fully proved on the basis of statements of complainant and other prosecution witnesses and the same have also been corroborated by medical evidence.
17. For the reasons recorded above, we are in agreement with the view taken by the learned trial Court in convicting and sentencing the accused-appellant on the basis of appreciation of evidence. We upheld the judgment of the trial Court. The appeal is dismissed being devoid of any merit.
(DAYA CHAUDHARY) JUDGE (JASBIR SINGH ) JUDGE November 5, 2009 raghav