High Court Punjab-Haryana High Court

Sukhdev Singh Alias Sukha vs The State Of Punjab on 4 July, 2008

Punjab-Haryana High Court
Sukhdev Singh Alias Sukha vs The State Of Punjab on 4 July, 2008
Criminal Appeal No. 522-DB of 1999                           -1-

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IN THE HIGH COURT OF PUNJAB AND HARYANA
               AT CHANDIGARH

                            Criminal Appeal No. 522-DB of 1999
                            Date of decision : 4.7.2008

Sukhdev Singh alias Sukha                        .....Appellant

                            Versus

The State of Punjab                              ...Respondent

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CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
       HON'BLE MR. JUSTICE S. D. ANAND

Present: Mr. Ajay Kaushik, Advocate as Amicus Curiae

          Mr. Rajesh Bhardwaj, Deputy Advocate General, Haryana

S. D. ANAND, J.

The appellant was convicted by then learned Additional

Sessions Judge, Mansa ( hereinafter referred to as the Trial Judge) for an

offence under Section 302 IPC and sentenced to undergo imprisonment for

life and to pay a fine of Rs.1000/-. In default of payment of fine, the

appellant was directed to further undergo imprisonment for a period of two

months.

2. Gian Kaur deceased was joint in residence with her five sons

including PW-5 Hargobind Singh. The Rasta in front of their house leads to

Gurudwara Titarsar. There is a culvert enroute and towards the West of

culvert, there is a pond.

3. On 5.8.1995, at about 7.00 P.M. Appellant Sukhdev Singh and

the acquitted associate Tar Singh wanted to demolish the culvert. A quarrel

between them on the one hand and Gian Kaur and her son Sukhdev on the
Criminal Appeal No. 522-DB of 1999 -2-

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other hand, ensued. Gian Kaur had the apprehension that demolition of

culvert would lead to the flooding of her house. The obstruction offered by

Gian Kaur enraged appellant Sukhdev Singh who felled down her on the

ground by giving a Kahi blow on the left side of her forehead. She was

initially taken to the Civil Hospital, Sardulgarh. Therefrom she was referred

to Civil Hospital, Mansa from where then she was referred to P.G.I.,

Chandigarh, where she died.

4. PW-5 Hargobind and PW-6 Gulab Singh, yet another son of

deceased Gian Kaur, had witnessed the impugned occurrence along with

their brother PW-8 Darshan Singh. The case was investigated by PW-10

Inspector Balbir Singh and PW-11 ASI Paramjit Singh. PW-4 Dr. Dalbir

Singh, Associate Professor, Forensic Medicine, PGI, Chandigarh had

conducted the post-mortem examination on the dead body of Gian Kaur and

found the following injuries:-

“1. 10.5 X 0.10 cms partially healed wound with unhealthy

granulation tissues present over the left frontal aspect of

the scalp, starting from the lateral end of left eye brow

going upwards and medially upto 6 cms above the

medial end of left eye brow. Proximal 2 cm of the wound

was gaping for .75 cms and under lying bone was

exposed. Greenish yellowish pus was present over it.

2. Left eye ball was missing from the orbit and inner

surfaces of orbit were having unhealthy granulation

tissues.”

5. He opined that the cause of death “Oedema of brain due to
Criminal Appeal No. 522-DB of 1999 -3-

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laceration of brain, subdural hamatoma extradural haematoma and fracture

of skull following head injuries which were antemortem in nature.”

6. Learned Trial Judge decreed conviction, after disbelieving the

defence plea of innocence.

7. Learned counsel appearing for the appellant as Amicus Curiae

argues that there is want of reliable evidence on the file to prove that there

was any motive for the appellant to have murdered Gian Kaur. He also has

a grievance that the witnesses examined to prove the charge are all sons of

the deceased and their testimony is not corroborated by any independent

evidence. The plea, raised by learned Amicus Curiae in the alternative is

that conviction may be altered to an offence under Section 304 IPC in view

of the fact that the appellant is alleged to have given a single blow which

was not repeated.

8. We do not find any force in pleas advocated on behalf of the

appellant.

9. There is categorical and almost unrebutted evidence that the

appellant Sukhdev Singh did not like the objection taken by Gian Kaur to

the demolition of the culvert by the former. As already noticed, Gian Kaur

had the apprehension that the demolition of the culvert would lead to the

flooding of her house. The present is, thus, a clear case in which Gian

Kaur earned the ire of appellant Sukhdev Singh, who hit her forehead with a

Kahi.

10. Though cases are conceivable in which the prosecution may not

be able to adduce evidence to prove the motive on the part of the accused to

commit the relevant crime but the present is surely not a case of that
Criminal Appeal No. 522-DB of 1999 -4-

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category in view of the fact that there is clinching evidence to indicate that

Sukhdev Singh felt irritated by the obstruction caused by Gian Kaur to

demolition of the culvert by the former and that is precisely what actuated

him to hit her forehead with a Kahi. It cannot, by any stretch of

interpretation, be said that the prosecution has not been able to prove the

motive on the part of the appellant to commit the crime for which he stands

convicted.

11. We are unable to accept the proposition that the testimony of

relation witnesses deserves to be ruled out altogether just because they

happen to be relations of the deceased. Concededly though, if the

testimony of relation witnesses is not found to be fully reliable, the Court

would insist upon its corroboration by independent evidence. The

testimony of relation witnesses may be discarded only if it is found that

relations have proved themselves to be unreliable or they have endeavoured

introduction of a false scenario to fix an accused. In the present case, it is

not even the allegation that PW 5 Hargobind and PW-6 Gulab Singh had

any previous score to settle with the appellant or that they have any other

reason on account whereof they would have been inclined to falsely

implicate the appellant. We do not, thus, approve of the view advocated by

the learned Amicus Curiae in the context.

12. There is no law decreeing that a single blow which does not

come to be repeated must invite the applicability of Section 304 IPC. As

held by the Apex Court in Murugan & others Vs. State AIR 2008

Supreme Court 627 “the infliction of a single injury by itself is not a

relevant factor to hold that appellant had no intention to commit the murder
Criminal Appeal No. 522-DB of 1999 -5-

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of the deceased.” In the present case, the appellant gave a blow on forehead

of the deceased which is a vital part of the body and the blow had been

given by Kahi which is a sharp edged weapon. In that view of things, it

cannot be said with any justification, that the appellant had no intention to

commit the murder of the deceased.

13. It is pertinent to notice here that, in the course of statement Ex.

PX, the deceased had attributed a categorical inculpatory role to appellant

Sukhdev Singh. In the course of that statement, she had clearly indicated

that the demolition of culvert would have flooded her house. She also

stated, in the course thereof, that she pleaded with the appellant (and the

acquitted associate of his) to desist from proceeding with the demolition of

the culvert but they did not listen to her. Her statement in respect of seat of

injury( and also the weapon with which it was inflcited) is supported by the

testimony of PW-4 Dr. Dalbir Singh. Therefore, it cannot be denied that

the statement aforesaid had been recorded by the police official, we do not

find any fault with it. Initially, the Police Officer afore-mentioned filed an

application (Ex. PH) before S.M.O., Civil Hospital, Sardulgarh to find out if

the injured was fit to make a statement. The Medical Officer issued a

certification (Ex. PH/1) on 5.8.1995 at 10.15 P.M., that the injured was not

fit to make a statement on account of head injury. Thereafter that Police

Officer again filed an application (Ex. PJ) before the S.M.O., Civil Hospital,

Sardulgarh to give the opinion in the matter of fitness or otherwise of the

injured to make a statement. Again, the Medical Officer certified on

6.8.1995 at 10.00 A.M. that the patient was unfit to make a statement. It

was ultimately when the injured was certified to be fit to make a statement
Criminal Appeal No. 522-DB of 1999 -6-

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that the police officer afore-mentioned recorded her statement Ex. PX. As

there was no immediate danger to death, there was ostensible reason for him

not to insist upon recording of her statement by a Magistrate. Thus, the

contents of Ex. PX add to the ocular evidence to nail the appellant.

14. It also cannot be lost sight of that it was the appellant Sukhdev

Singh who, in pursuance of a disclosure statement, led to the recovery of a

Kahi. It also adds to the woes of the appellant in the context of

accountability for having murdered Mst. Gian Kaur.

15. The testimony of DW-1 Babu Singh and DW-2 Nirmal Singh

does not at all assist the defence plea of innocence. DW-1 Babu Singh

claimed to have been told by Gian Kaur that she had not been able to

identify the appellant. She allegedly furnished the information to Babu

Singh when the latter visited her in the hospital. This witness was a

member panchayat at that point of time. In his own showing, the Panchayat

did not pass any resolution with regard to the innocence of the appellant.

Neither this witness nor the Panchayat moved any application to the higher

authorities against the false implication of the appellant in spite of the fact

that he averred that he belongs to the faction of the appellant. If there was

even an iota of truth in the statement of DW-1 Babu Singh, there is no

reason why he would not have brought this fact to the notice of the higher

police authorities.

16. DW-2 Nirmal Singh also claimed to have visited at Civil

Hospital, Sardulgarh, Civil Hospital, Mansa, and also PGI, Chandigarh. His

statement to the effect that Gian Kaur remained unconscious throughout the

time she remained in the hospitals and that she was not fit to make a
Criminal Appeal No. 522-DB of 1999 -7-

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statement is falsified by the record as per which Inspector Gurdip Singh

recorded her statement on 11.8.1995 only after she had been declared fit to

make a statement. In the context, we may refer to Ex.PB/1 which is a

certification to the effect that she was fit to make a statement. That

certification was testified to at the trial by PW-3 Dr. R.K. Garg, Emergency

Medical Officer, Civil Hospital, Mansa.

17. In the light of the fore-going discussion, we hold that there is

no substance in the appeal.

18. Dismissed.



                                             ( S. D. ANAND )
                                                 JUDGE




July 04, 2008                         (ADARSH KUMAR GOEL)
Pka                                          JUDGE