Crl. Appeal No. 31 DB of 2000 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Appeal No. 31 DB of 2000
Date of decision: February 3, 2009
Ravinder Singh and another ...Appellants
Versus
State of Haryana ...Respondent
CORAM:- HON'BLE MR. JUSTICE K.S. GAREWAL
HON'BLE MR. JUSTICE SHAM SUNDER
Present: Mr. Vinod Ghai, Advocate,
for the appellants.
Mr. H.S. Sran, Additional Advocate General, Haryana.
K.S.GAREWAL, J.
Ravinder Singh (28) and his father Mohan Singh (52) of Prem
Nagar, Karnal, were tried by the learned Sessions Judge, Karnal, for the
murder of Jatinderpal Singh @ Banti. Ravinder Singh was found guilty of
murder while Mohan Singh was found guilty of having acted in furtherance
to his son’s intention, vide judgment dated November 27, 1999. Both were
sentenced to rigorous imprisonment for life. They were also found guilty of
lesser offences for causing simple hurt to a witness. Both the sentences
were directed to run concurrently.
Jatinderpal Singh @ Banti deceased and Gurvinder Singh (PW-
3) were friends of one Balwinder Singh Sandhu with whom Ravinder Singh
had some dispute. Ravinder Singh had asked Gurvinder Singh and
Crl. Appeal No. 31 DB of 2000 2
Jatinderpal Singh @ Banti to break their friendship with Balwinder Singh
Sandhu. On this issue an altercation had taken place about 15 days before
the occurrence.
On March 31, 1993 at 10 p.m. Gurvinder Singh (PW-3),
Kanwaljit Singh (PW-4) alongwith Jatinderpal Singh @ Banti deceased had
gone on a scooter to see Gurvinder Singh’s cousin who was ill. The scooter
was being driven by Jatinderpal Singh @ Banti. When the three of them
were returning and had reached near Bhola Ram’s diary, Ravinder Singh
armed with a ballam and Mohan Singh armed with a lathi came in front of
the scooter. When the scooter slowed down Ravinder Singh gave a ballam
blow on the left cheek of Jatinderpal Singh @ Banti. The scooter went out
of control as a result of which the driver and the two passengers fell from
the scooter. Mohan Sigh also inflicted a lathi blow on Gurvinder Singh. An
alarm was raised by Gurvinder Singh and many people gathered there.
Jatinderpal Singh @ Banti started bleeding profusely. The two accused fled
away and Jatinderpal Singh @ Banti was brought to Civil Hospital, Karnal,
where he was declared dead.
The matter was reported to the police by Gurvinder Singh (PW-
3). His statement was recorded at 2.30 a.m on April 1, 1993. Formal FIR
was registered at Police Station City, Karnal 3.40 a.m. and the special report
was delivered by 6.30 a.m.
Post-mortem examination of the dead body was conducted by
Dr. K.K. Seth, Medical Officer, Government General Hospital, Karnal on
April 1, 1993. The Medical Officer found the following injuries on the dead
body.
“incised wound 4 cms x .8 cm over left cheek, eliptical in
Crl. Appeal No. 31 DB of 2000 3shape, 3 cms lateral to left ala of nose. On exploration
underlying soft tissue was cut. Maxillary anttrum was opened
and communicating with the oro-pharynx which was full of
blood. Direction of wound was downward, medially and
posteriorly. Larynx and trachea was full of blood. Both lungs
were congested. Stomach was full of blood. Remaining organs
were healthy. Both the chamber of the heart were empty.”
In the opinion of the Medical Officer, the death was due to
asphyxia due to aspiration of blood from the injuries. Death had occurred
within few minutes of the injury.
Gurvinder Singh had also been medico legally examined at
3.30 a.m. on April 1, 1993 by Dr. R.K. Saini, Medical Officer, Government
General Hospital, Karnal. He had four reddish contusions on his right
shoulder, left knee, left thigh and right foot. All the injuries were simple
and had been caused by a blunt weapon.
The accused were arrested and sent up for trial. The main
witnesses examined at the trial were Dr. R.K. Saini (PW-1), Dr. K.K. Seth
(PW-2), Gurvinder Singh (PW-3), Kanwaljit Singh (PW-4), ASI Raj Pal
(PW-12) and Inspector Phul Singh (PW-13).
The learned trial Judge considered the nature of the injuries on
the deceased and the cause of death to hold that Ravinder Singh had
committed murder while his father had acted in furtherance to common
intention of his son.
We have carefully examined the medical evidence in this case
and we find that the deceased suffered an external injury on the left cheek
which was 4 cms x .8 cm, it was 3 cms lateral to ala. The Medical Officer
Crl. Appeal No. 31 DB of 2000 4
explored the injuries and found that soft tissues were cut, maxillary atrium
was open and communicating with oro-pharynx which was full of blood.
Larynx and trachea were full of blood. Stomach was also full of blood.
From the above the Medical Officer concluded that the deceased had died
due to asphyxia caused by aspiration of blood. In other words, the deceased
had got chocked by his own blood after receiving the injury. The deceased
had been unable to breath because blood had entered the upper part of his
wind pipe (Larynx) and the main wind pipe (trachea). The deceased had
also swallowed blood as the blood was found in the stomach.
In the above circumstances, we feel that the offence committed
by Ravinder Singh was not of murder as he did not have the intention to
cause death. The offence was manslaughter punishable under Section 304
Part-II, IPC.
As far as the part played by Mohan Singh, it is found that the
injuries attributed to him (inflicted on Gurvinder Singh) could have been a
result of the fall. It may be recalled that the deceased was driving the
scooter while the two witnesses were travelling with him. When the
deceased was hit on the face, while on a moving scooter, he lost control and
the scooter fell. It was falling from the scooter that caused the injuries on
Gurvinder Singh. Therefore, we find that Mohan Singh was introduced to
inflate the number of accused. He had not inflicted any injury to any one
and may not have even participated in the occurrence. Therefore, Mohan
Singh deserves outright acquittal.
In view of the above discussion, we convert the conviction of
Ravinder Singh from Section 302 IPC to one under Section 304 Part-II IPC.
Ravinder Singh has undergone five years rigorous imprisonment. If this
Crl. Appeal No. 31 DB of 2000 5
fact is confirmed, his sentence shall be reduced to the period already
undergone by him. However, Ravinder Singh shall pay fine of Rs. 2 lacs,
which shall, on recovery, be paid to the heirs of the deceased as
compensation. In default of payment of fine, Ravinder Singh shall further
undergo rigorous imprisonment for two years. Mohan Singh is acquitted of
the charge.
Criminal Appeal stands disposed of.
(K.S. GAREWAL)
JUDGE
February 3, 2009 (SHAM SUNDER)
prem JUDGE
Note:- Whether refer to reporter No