Criminal Appeal No.567-DB of 1998 1
In the High Court of Punjab and Haryana at Chandigarh
Criminal Appeal No.567-DB of 1998
Date of decision: 19.9.2008
Bharat Lal ......Appellant
Versus
State of Punjab
.......Respondent
CORAM: HON'BLE MR.JUSTICE JASBIR SINGH
HON'BLE MRS. JUSTICE SABINA
Present: Mr. Atul Lakhanpal, Sr. Advocate with
Mr.Madan Sandhu, Advocate,
for the appellant.
Mr.Rajesh Bhardwaj, DAG, Punjab.
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JUDGMENT
SABINA, J.
Bharat Lal, appellant, has filed this appeal being
aggrieved by the judgment dated 7.11.1998 passed by learned
Additional Sessions Judge, Mansa whereby he was convicted under
Section 302 IPC and sentenced to undergo imprisonment for life and
a fine of Rs. 1,000/-.
Prosecution story in brief is that on 16.10.1996 at about
3.00 p.m. complainant Dhanna Singh had gone to visit his sister
Dhan Devi along with Chhotu Ram at village Sadhuwala. When they
reached the house of Dhan Devi, Bharat Lal, her husband, was
Criminal Appeal No.567-DB of 1998 2
quarrelling with her and was armed with a datar. Bharat Lal was
saying that his wife was not having a good moral character and
would kill her. He also threatened the complainant and Chhotu Ram
that in case they stepped forward he would kill them. Out of fear,
complainant and Chhotu Ram remained standing outside, whereas,
Bharat Lal laid Dhan Devi on a cot and gave datar blow on her
abdomen. Dhan Devi died at the spot. Bharat Lal ran towards the
complainant and Chhotu Ram along with datar and out of fear they
ran away from the spot. Since they did not know anybody in the
village they went to village Badal and informed Lal Chand, father of
the complainant about the occurrence.
Statement of the complainant was recorded by the police
of Police Station Sardulgarh on 17.10.1996 at 8.40 a.m. On the basis
of the statement of the complainant formal FIR No.104 dated
17.10.1996 was concluded at 9.30 a.m. Special report was received
by the Magistrate, Mansa at 12.05 p.m. on 17.10.1996.
SHO Bikram Singh inspected the spot and prepared the
site plan. Dead body of Dhan Devi was lying there on a cot and
Chhotu Ram was present near the dead body. Blood stained earth
from underneath the cot was lifted. The cot on which the dead was
lying, was taken in possession. He prepared the inquest report with
regard to dead body of Dhan Devi and sent the dead body for
postmortem examination. On the same day accused was produced
before the Investigating Officer, by Gurnam Singh, Sarpanch and he
Criminal Appeal No.567-DB of 1998 3
was formally arrested. On interrogation the accused suffered a
disclosure statement and got recovered a datar from the disclosed
place, which was taken in possession.
Dr. Raj Kumar Jindal conducted the postmortem
examination on the dead body of Dhan Devi on 17.10.1996 at 1.00
p.m. and found following injuries on her person:-
1. An incised wound 3 cm x 1.5 cm over the front of neck
just above the manubrium sterni. Clotted blood was
present. On dissection there was cut in underlying
trachea with blood in the lumen.
2. An incised wound 30 cm x 8 extending from the middle
of sternum hypogastric region in the midline cutting
underlying body of sternum with ribs and diathragm.
Right plutal cavity pericardium liver and intestine were
exposed throughout the wound. Clotted blood was
present on dissection right lung was lacerated
congested right plural cavity was full of blood.
Liver there was incised wound 3 cm x 1 cm in right lobe
with ruptured of left lobe. On stomach there was a big tear
in middle of stomach. Peritoneal cavity was full of blood.
In his opinion the cause of death was due to shock and
haemorrhage due to injuries described which were ante mortem in
nature and were sufficient to cause death in the ordinary course of
nature.
Criminal Appeal No.567-DB of 1998 4
After completion of investigation and necessary
formalities accused was sent up for trial. Charge against the
accused was framed under Section 302 IPC on 3.2.1997.
Prosecution in order to prove its case at the trial examined six
witnesses.
After close of prosecution evidence accused, when
examined under Section 313 Cr.P.C. prayed that he was innocent
and had been falsely involved in this case. In his defence accused
examined Pargat Singh (DW-1), Walaiti Ram (DW-2), Gurnam Singh
(DW-3), Sultan Ram (DW-4) and Pritam Singh (DW-5).
Learned trial Judge believed the prosecution version and
convicted and sentenced the accused under Section 302 IPC .
Hence, the present appeal.
In appeal, learned counsel for the appellant has argued
that the alleged eye witnesses were not present at the spot and had
not witnessed the occurrence. They had been falsely introduced in
this case to rope in the accused.
Learned State counsel, on the other hand, has argued
that the dead body of Dhan Devi had been found in the house of the
accused. The eye witnesses had witnessed the occurrence and their
testimonies were liable to be believed.
Complainant Dhanna Singh was examined as PW-2
during trial. His statement was corroborated by Chhotu Ram (PW-3).
As per the eye witness account the occurrence had taken place at
Criminal Appeal No.567-DB of 1998 5
3.00 p.m. on 16.10.1996. Both the said witnesses per chance had
gone to meet Dhan Devi. However, when they went to the house of
Dhan Devi, accused armed with a datar inflicted injuries on the
person of Dhan Devi. As per the eye witnesses, Dhan Devi died at
the spot. It has come on record that distance between the place of
occurrence and Police Station Sardulgarh was 1 km. The said eye
witnesses in stead of informing the police went to village Badal.
Complainant in his cross-examination has deposed that after the
occurrence they took a bus for Bathinda via Talwandi and then went
to village Badal. They reached village Badal at 8.00p.m. and narrated
the entire occurrence to Lal Chand, Ram Chand, Harnam Singh and
Sukhdev Singh. They came back to the place of occurrence in the
morning at 7.15 a.m. Chhotu Ram (PW-3), on the other hand, in his
cross-examination deposed that they reached village Badal at about
4.00 p.m. As per both the eye witnesses they had come back to the
spot in the morning along with other persons on a jeep. As per
these witnesses they had reached the spot back in the morning on a
jeep then where was the hitch in returning back to the spot after
reaching village Badal on the jeep. The behaviour of complainant
Dhanna Singh is most unnatural. In normal circumstances, it is
expected that a person, who has seen his sister being murdered
would immediately inform the police or would have immediately
returned back with other relatives so that the police action could be
taken. It is not understandable that why the said eye witnesses did
Criminal Appeal No.567-DB of 1998 6
not bother to inform the police at Police Station Sardulgarh, which
was at a close distance about the occurrence or at Police Station
Bathinda about the occurrence. So the unexplained delay in lodging
the FIR which gains significance makes the presence of the eye
witnesses at the spot doubtful. It appears that the complainant party
reached the house of deceased in the morning on being informed
about her murder and then eye witnesses were falsely introduced in
this case to involve the accused falsely
Although dead body was recovered from the matrimonial
home of deceased Dhan Devi but this in itself is not sufficient to hold
appellant guilty of committing murder of his wife. An accused is
presumed to be innocent till proved guilty. Prosecution is required to
establish its case regarding guilt of an accused beyond reasonable
doubt. However, in the present case the testimony of eye witnesses
fails to inspire confidence.
Accordingly, this appeal is allowed. The impugned
judgment is set aside and the appellant is acquitted of the charge
framed against him.
(SABINA)
JUDGE
(JASBIR SINGH)
JUDGE
September 19, 2008
anita