High Court Punjab-Haryana High Court

Jaswinder Singh vs State Of Punjab on 11 August, 2008

Punjab-Haryana High Court
Jaswinder Singh vs State Of Punjab on 11 August, 2008
Criminal Appeal No.411 DB of 2002                               1

        In the High Court of Punjab and Haryana at Chandigarh


                             Criminal Appeal No.411 DB of 2002
                             Date of decision: 11.8.2008

Jaswinder Singh
                                              ......Appellant

                         Versus


State of Punjab
                                               .......Respondent


CORAM: HON'BLE MR.JUSTICE K.S.GAREWAL

            HON'BLE MRS. JUSTICE SABINA


Present:    Mr.H.S.Bhullar, Advocate,
            for the appellant.

            Ms.Gurveen Singh, AAG, Punjab.

                  ****

JUDGMENT

SABINA, J.

Vide this judgment Criminal Appeal No.411-DB of 2002

and Criminal Revision No.1724 of 2002 would be disposed of as both

have arisen out of judgment dated 10.5.2002 passed by Sessions

Judge, Gurdaspur whereby accused Jaswinder Singh was convicted

under Section 302 IPC and sentenced to undergo imprisonment for

life and fine of Rs.5,000/-. Accused Jarnail Singh, Bhupinder Singh

and Joginder Singh were acquitted of the charge framed against

them.

Prosecution story, in brief, is that complainant was

residing in village Jogowal Bedian for the last ten years after
Criminal Appeal No.411 DB of 2002 2

purchasing land in the said village. Land of Jarnail Singh adjoined

the land of the complainant and they had joint tubewell. Jarnail Singh

used to give trouble to the complainant party on earlier occasions

also. On 21.6.1997 at about 7/8 p.m. Satpal, servant of Jarnail

Singh, came to the house of complainant Sewa Singh and called for

his mother as “Aunty”. Mother of the complainant had already left for

her parental house a day before. Complainant and his father

Gurbachan Singh were present in the house. Gurbachan Singh told

Satpal that he should call by naming male members of the family. A

quarrel started between two of them and Gubachan Singh slapped

Satpal, who returned back to his dera (the house of Jarnail Singh

etc.). At about 9/9.30 P.M. Jarnail Singh along with his sons namely

Joginder Singh, Jaswinder Singh and Bhupinder Singh came to the

house of the complainant and started quarrelling with them. Joginder

Singh picked up a datar lying near their door and scuffled with his

father Gurbachan Singh. The complainant made requests and they

went back to their dera. Jaswant Singh and other respectable went

to the dera of Jarnail Singh and a compromise was effected.

Thereafter,the complainant returned back to his house along with his

father. He slept in the room, whereas, his father Gurbachan Singh

slept in the court yard. The complainant woke up around mid night

on hearing barking of the dog. The complainant saw that Jarnail

Singh had caught hold of Gurbachan Singh from his legs and

Bhupinder Singh had caught hold of him from his arms while he was

sleeping on a cot. Jarnail Singh gave a kahi blow on the left side of

neck of his father. Joginder Singh gave two datar blows on the

person of his father. Jaswinder Singh gave another kahi blow on the
Criminal Appeal No.411 DB of 2002 3

left shoulder of his father. Thereafter, they all ran away from the spot

with their respective weapons. Out of fear, complainant-Sewa Singh

remained inside. Later on he narrated the occurrence to his uncle

(Fufar) Santokh Singh.

On the basis of the statement of the complainant formal

FIR No.56 dated 22.6.1997 was recorded by the police of police

Station Kalanaur.

After completion of necessary formalities challan was

presented against Jarnail Singh, whereas, the remaining accused

were placed in column No.2. Thereafter, vide order dated

18.12.1997, Jaswinder Singh, Bhupinder Singh and Joginder Singh

were ordered to be summoned to face trial as accused. Charge

against them was framed under Section 302/34 IPC on 3.2.1998.

Accused did not plead guilty and claimed trial.

The material witnesses summoned by the prosecution at

trial were PW-6 Sewa Singh, PW-7 Santokh Singh, PW-8 S.I.Darbari

Lal, PW-9 DSP Rajinder Singh and PW-10 Dr.Kashmiri Lal. After the

close of prosecution evidence accused, when examined under

Section 313 Cr.P.C., prayed that they were innocent and have been

falsely involved in this case. The accused examined Swinder Singh

(DW-1), Harminder Singh (DW-2), Hans Raj (DW-3), Kawal Masih

(DW-4) and Darshanjit Singh Dhindsa (DW-5) as defence witnesses.

Learned trial Judge convicted and sentenced accused

Jaswinder Singh under Section 302 IPC, whereas, remaining

accused were acquitted of the charge framed against them vide

impugned judgment. Aggrieved by the same accused Jaswinder

Singh has filed the present appeal and the complainant has filed a
Criminal Appeal No.411 DB of 2002 4

revision petition challenging the acquittal of accused Jarnail Singh,

Bhupinder Singh and Joginder Singh.

Learned counsel for the appellant-Jaswinder Singh has

argued that the sole eye witness of the occurrence, Sewa Singh

(PW-6), was not a reliable witness. As per this witness there were

five injuries on the person of deceased Gurbachan Singh, whereas,

as per medical evidence there were only three injuries on the person

of the deceased. There was delay in lodging the FIR and the same

had been lodged after due deliberation and confabulation. The story

put forth by the complainant was not believable as there was no

need to hold a sleeping man. Rather this would have disturbed the

deceased and he would have raised the alarm. Two criminal cases

had been registered against the deceased and, thus, he was not

having a good record.

Learned State counsel, on the other hand, has argued

that the prosecution had been successful in proving its case against

the accused. The parties were having strained relations and there

had been quarrel between them on earlier occasions also. The

statement of the complainant was trustworthy. Weapon of offence

had been recovered on the basis of disclosure statements suffered

by the accused. The delay in lodging the FIR had been duly

explained.

Present case rests on an eye witness account.

Complainant is the son of the deceased and his presence in the

house i.e. place of occurrence cannot be doubted. The complainant,

while appearing in the witness box as PW-6, has deposed as per his

statement in the FIR except with regard to injuries. He has deposed
Criminal Appeal No.411 DB of 2002 5

that Jaswinder Singh had inflicted injury with a kahi on the left side of

the neck of his father and Joginder Singh inflicted a datar blow on

the left side of the neck of his father. Jaswinder Singh gave another

kahi blow with its blunt side on the neck of his father. Thus, while

appearing in the witness box, the complainant has deposed with

regard to infliction of three injuries on the person of Gurbachan Singh

instead of four injuries stated by him in his statement before the

police. However, the testimony of the complainant can not be

outrightly rejected. The said witness was woken up by the barking of

the dog and must have been in a trauma and panic when he saw his

father being murdered. The occurrence had taken place at about

mid-night and the matter was reported to the police in the morning at

about 7.a.m. Special report reached the Magistrate at about 10.20

a.m. The complainant has stated that he had first informed his uncle

about the occurrence and, thereafter, the matter was reported to the

police. Since there were strained relations between the parties, the

possibility that some of the accused have been falsely introduced in

this case can not be ruled out. The role attributed to accused

Bhupinder Singh and Jarnail Singh is that they had caught hold of

arms and legs of Gurbachan Singh. Apparently both these accused

have been named by the complainant with a view to involve them

also in this case especially when there was no occasion for these

persons to restrain a sleeping man.

At this stage, it would be appropriate to refer to medical

evidence. Dr. Kishori Lal (PW-10) deposed that he conducted the
Criminal Appeal No.411 DB of 2002 6

post mortem examination on the dead body of Gurbachan Singh on

22.6.1997 at 12.30 p.m. and found following injuries on his person:-

“1. An incised would 8cm x 4cm present on the left side of

the neck. Underlying muscles, vessels as well as other

structures were cut. This injury was just below the lower

part of the left pinna and was also soiled with clay. Would

was not bleeding at the time of post mortem, but clothes

were wet with blood.

2. An incised would 6cm x 3cm present on the left side of

neck just below the left lower part of the left pinna. This

injury had cut all the muscles and vessels along with the

structure underlying it. This injury was also extending

deep into the trachea which was also cut. Marked

bleeding was present which was estimated from the

injuries.

3. An abrasion 2cm x ½cm present on the left side of the

left supra clavicalar region.”

In his opinion the cause of death was haemorrhage and

shock due to injuries described above, which were sufficient to cause

death in the ordinary course of nature. All the injuries were ante

mortem in nature. Probably time between injuries and death was

immediate and between death and post mortem was within 12 hours.

In his cross-examination, he deposed that injury No.3 was simple in

nature. As per Exhibit PR/1 doctor opined that injuries mentioned by

him in the post mortem report could be caused with a kahi. Thus, no
Criminal Appeal No.411 DB of 2002 7

injury mentioned in the post mortem report has been caused with

dattar. Hence, from the medical evidence and ocular version given

by the complainant it appears that the injuries had been caused on

the person of Gurbachan Singh by Jaswinder Singh, who was armed

with kahi at the time of occurrence. As such, Joginder Singh appears

to have been falsely involved in this case. Gurbachan Singh was

sleeping at the time of occurrence. He could not offer any

resistance. As such, injuries could have caused on his person by a

single person.

DSP Rajinder Singh (PW-9) has partly investigated the

case. He had allegedly recovered kahi on the basis of disclosure

statement suffered by accused Jarnail Singh. He had arrested only

accused Jarnail Singh and remaining accused were placed by him in

column No.2 as he found them innocent on the basis of his

investigation. It appears that the Investigating Officer with a view to

shield the real culprit Jaswinder Singh has shown the recovery of

kahi from accused Jarnail Singh, whereas, as per the complainant

accused Jaswinder Singh was armed with kahi and not accused

Jarnail Singh. As per the age mentioned in the charge sheet, Jarnail

Singh accused was 70 years old at the time of framing of charge in

the year 1998, whereas, accused Jaswinder Singh was 31 years old.

The Investigating Officer had apparently tried to help the accused

and as per his investigation, he arrayed Jarnail Singh as an accused

and placed the other accused i.e. sons of Jarnail Singh in column

No.2.

Although complainant-Sewa Singh (PW-6) has tried to
Criminal Appeal No.411 DB of 2002 8

involve Jarnail Singh and his three sons in this case yet his

statement cannot be rejected altogether. So far as the involvement of

accused Jaswinder Singh is concerned, the statement of complainant

Sewa Singh, who is the sole eye witness, can be relied upon. The

ocular version of the complainant is duly corroborated by the medical

evidence. Since Jaswinder Singh was armed with kahi, the

complainant out of fear at the relevant time may not have come out

to save his father. Jaswinder Singh after causing injuries had fled

away from the spot. After the occurrence the complainant had gone

to the house of his uncle Santokh Singh and brought him to his dera.

Jaswant Singh, whose house was also nearby, also came there.

Puran Singh was also called to dera. Thereafter, complainant Sewa

Singh along with Santokh Singh and Puran Singh reported the matter

to the police. This fact is duly corroborated by Santokh Singh (PW-7).

So far as registration of FIRs under the NDPS Act against

Gurbachan Singh are concerned, the same fail to advance the case

of the appellant regarding his innocence because the said FIRs were

never got registered by the accused.

Kewal Masih (DW-4) fails to advance the case of the

appellant regarding his innocence as the said witness never gave

anything in writing to the police nor the matter was moved before the

Panchayat by him regarding false involvement of Jaswinder Singh in

the case.

After going through the entire evidence on record, we are

of the opinion that the prosecution has been successful in proving its

case against appellant Jaswinder Singh and his conviction and
Criminal Appeal No.411 DB of 2002 9

sentence are liable to be upheld. Accused Jarnail Singh, Bhupinder

Singh and Joginder Singh have been rightly acquitted by the trial

Court as their false involvement in this case cannot be ruled out. The

impugned judgment of the trial Court, thus, does not call for any

interference. Accordingly, both the appeal as well as the revision are

dismissed.

(SABINA)
JUDGE

(K.S.GAREWAL)
JUDGE

August 11, 2008
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