{"id":12066,"date":"2008-09-16T00:00:00","date_gmt":"2008-09-15T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/state-of-haryana-vs-jaskaran-dass-on-16-september-2008"},"modified":"2018-07-16T08:58:16","modified_gmt":"2018-07-16T03:28:16","slug":"state-of-haryana-vs-jaskaran-dass-on-16-september-2008","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/state-of-haryana-vs-jaskaran-dass-on-16-september-2008","title":{"rendered":"State Of Haryana vs Jaskaran Dass on 16 September, 2008"},"content":{"rendered":"
Punjab-Haryana High Court<\/div>\n
State Of Haryana vs Jaskaran Dass on 16 September, 2008<\/div>\n
Crl. A. No.311-DBA of 2001                                         -1-\n\n\n        IN THE HIGH COURT OF PUNJAB AND HARYANA AT\n                    CHANDIGARH.\n\n\n                              Crl. A. No.311-DBA of 2001\n\n                              Date of Decision: September 16, 2008\n\n\nState of Haryana                                           .......Appellant\n\n                    Versus\n\nJaskaran Dass                                            .......Respondent\n\n\n\nCORAM:- HON'BLE MR.JUSTICE K.S.GAREWAL\n        HON'BLE MR.JUSTICE JITENDRA CHAUHAN\n\n\n\nPresent:     Ms.Naveen Malik, Additional AG Haryana\n             for the appellant.\n\n             Mr.NK Sanghi, Advocate\n             for the respondent.\n\n                             ...\n\nJITENDRA CHAUHAN, J.\n<\/pre>\n
1.           The appellant-State has filed this appeal against the order dated<\/p>\n
13.11.2000, passed by the Additional Sessions Judge, Sirsa whereby<\/p>\n
accused Jaskaran Dass @ Karna was acquitted on the grounds that the<\/p>\n
evidence on record was not sufficient to connect the accused with the<\/p>\n
commission of the offence.\n<\/p>\n
2.           There is no eye witness in the present case. The prosecution<\/p>\n
has tried to establish its case on the basis of the circumstantial evidence and<\/p>\n
the theory of `last seen’.\n<\/p>\n
3.           Banta Singh, son of Pritam Singh, resident of village Dabwali<\/p>\n
got the statement recorded to the effect that they were two brothers, namely
\n Crl. A. No.311-DBA of 2001                                     -2-<\/span><\/p>\n
Hardev Singh and Banta Singh. The deceased Hardev Singh was elder to<\/p>\n
him. Both the brothers lived in one house and were jointly engaged in<\/p>\n
cultivation. Hardev Singh, the deceased had two sons, namely Jaspal Singh,<\/p>\n
aged 22\/23 years and Rampal Singh, aged about 20 years. Banta Singh had<\/p>\n
one son, who was aged about 13\/14 years.\n<\/p>\n
4.          On 7.5.1998, Hardev Singh reached             home from Mandi<\/p>\n
Dabwali at about 11.00 A.M. and after having taken meals, went to the rear<\/p>\n
room of the Baithak (outer room) and slept there. The nephews of Banta<\/p>\n
Singh i.e. Jaspal and Rampal along with other members of the family were<\/p>\n
present there. When Banta Singh returned home at around 1.00 O’Clock, he<\/p>\n
saw that his brother was lying in a pool of blood on the double bed and was<\/p>\n
unconscious. He had sharp edged weapon injuries on his head and blood<\/p>\n
was oozing out. The other members of the family joined him after he raised<\/p>\n
an alarm. The vehicle of Harcharan Singh, Ex-Sarpanch was requisitioned<\/p>\n
to take Hardev Singh to the Hospital. Satkartar son of Ranjit Singh and<\/p>\n
Sukhminder son of Gurdev Singh took Hardev Singh to the hospital as per<\/p>\n
Ex. PL. Hardev Singh breathed his last at the Hospital.<\/p>\n
5.          The statement of Banta Singh was recorded by Sher Singh, Sub<\/p>\n
Inspector on 7.5.1998 and the same is part of the record as Exhibit PD. As<\/p>\n
per statement Exhibit PD, the murder had been committed by some<\/p>\n
unknown person. Police proceedings Exhibit PD\/2 were prepared by Sub-<\/p>\n
Inspector Sher Singh, Police Station City Dabwali on 7.5.1998 at 4.15 P.M.<\/p>\n
On the basis of the ruqa, Exhibit PD\/2, FIR No.102 dated 7.5.1998, under<\/p>\n
Section 302 of the Indian Penal Code was registered at Police Station City<\/p>\n
Dabwali.   After the registration of FIR, the ruqa was sent to the Sub<\/p>\n
Inspector at the spot and a copy of the FIR, as a special report, was sent to
\n Crl. A. No.311-DBA of 2001                                     -3-<\/span><\/p>\n
the higher authorities.\n<\/p>\n
6.           As per the post mortem report dated 7.5.1988 conducted by<\/p>\n
PW7-Dr.Kulwinder, Medical Officer, Civil Hospital, Choutala, the<\/p>\n
following injuries were found on the body of the deceased:<\/p>\n
             1. “13.4 cm x 3.2 cms incised wound was present on right
\n                fronto parietal region obliquely placed starting from inner
\n                end of right eyebrow extending upward and laterly. On
\n                dissection, infiltration of blood was present in neighbouring
\n                tissue. On further dissection, supra trochlear supra orbital
\n                and branches of superficial temporal arteries were found cut.
\n                On further dissection, underlying bones were, cut coinciding
\n                with the wound. Brain tissue was coming out of the wound.\n<\/p><\/blockquote>\n
             2. 4 cm x 1.2 cms incised wound was present on left side of
\n               the forehead starting from medial end of left eye brow
\n               parallel to injury No.1. On dissection, adjacent tissue
\n               infiltrated with blood were found. Wound being bone deep.\n<\/p><\/blockquote>\n
             3. 6 cm x 3.1 cms x bone deep incise wound was present on
\n               left parietal region in coronal plane, 18 cms from the left eye
\n               brow. On dissection, infiltration of blood was present in
\n               adjacent tissue.\n<\/p><\/blockquote>\n
             4. 8.2 cms x 2.3 cms x bone deep incise wound was present on
\n               left temporal parietal region. On dissection, infiltration of
\n               blood was present in adjacent tissue. On further dissection,
\n               bone underlying found fractured. Branches of superficial
\n               temporal arteries were cut. All the wounds numbering 1 to 4
\n               were covered with clotted blood.”\n<\/p><\/blockquote>\n
7.           After investigation, the accused was arrested on 21.5.1998. On<\/p>\n
12.8.1998, the case was committed by the Court of learned Sub-Divisional<\/p>\n
Judicial Magistrate, Dabwali. The charge sheet was prepared on 6.2.1999<\/p>\n
by the Additional Sessions Judge, Sirsa whereby accused Jaskaran Dass, son<\/p>\n
of Boota Dass was charged for having committed murder of Hardev Singh<\/p>\n
son of Pritam Singh and thereby committing an offence punishable under<\/p>\n
Section 302 of the Indian Penal Code within the cognizance of the Court of<\/p>\n
Additional Sessions Judge, Sirsa on 7.5.1998.\n<\/p>\n
8.           The prosecution to prove its case examined as many as 14
\n Crl. A. No.311-DBA of 2001                                       -4-<\/span><\/p>\n
witnesses.   However, the material witnesses are PW5-Banta Singh, PW6-<\/p>\n
Boota Singh, PW7-Dr.Kulwinder, PW11-Baldev Singh, PW12-Bir Singh<\/p>\n
and PW 14-S.I. Sher Singh.\n<\/p>\n
9.           PW5-Banta Singh stated that Hardev Singh once gave a beating<\/p>\n
to the accused on the issue of turn of water prior to the occurrence about<\/p>\n
12\/13 years ago. Extra-judicial confession was made by the accused in the<\/p>\n
presence of PW6-Boota Singh, Lamberdar and PW9-Boota Singh son of<\/p>\n
Kaka Singh. The recovery of the axe Exhibit P-1 was affected in pursuance<\/p>\n
of the statement of accused. PW11-Baldev Singh and PW12-Bir Singh saw<\/p>\n
the accused coming out of the room of Hardev Singh holding axe in his<\/p>\n
hands.\n<\/p>\n
10.          Statement of accused Jaskaran Dass, son of Boota Dass was<\/p>\n
recorded under Section 313 of the Code of Criminal Procedure on 29.8.2000<\/p>\n
without oath. He denied the charge against him stating that he had been<\/p>\n
falsely implicated on mere suspicion and further denied any enmity with the<\/p>\n
deceased-Hardev Singh or having any direct litigation with him. He further<\/p>\n
denied that he was beaten up by deceased Hardev Singh about 11\/12 years<\/p>\n
ago on any cause, as suggested by the prosecution. He further stated that<\/p>\n
otherwise also, 12 years is a long time to forget such an incident and<\/p>\n
claimed innocence.\n<\/p>\n
11.          We have heard the learned counsel for the parties and<\/p>\n
perused the record.\n<\/p>\n
12.          As there is no eye witness of the occurrence, therefore, the<\/p>\n
main thrust of the prosecution is to prove its case on the theory of ‘last seen’<\/p>\n
evidence and on the basis of other circumstantial evidence. In this context,<\/p>\n
it is relevant to mention that two adult sons of the deceased and the women-
\n Crl. A. No.311-DBA of 2001                                     -5-<\/span><\/p>\n
folk were present in a portion of the same house (of the deceased) at the<\/p>\n
time of commission of the alleged crime. It was about 1.00 P.M. when<\/p>\n
Banta Singh PW5, brother of deceased Hardev Singh returned to the<\/p>\n
Baithak and found his brother lying in the pool of blood. The deceased was<\/p>\n
then rushed to the hospital immediately.\n<\/p>\n
13.          However, surprisingly Satkartar Singh and Sukhminder Singh,<\/p>\n
who took the deceased to the hospital were not joined in the investigation<\/p>\n
nor were they cited as witnesses by the prosecution.<\/p>\n
14.           We feel that both these witnesses were relevant and material<\/p>\n
witnesses who could have provided valuable information about the manner<\/p>\n
in which the dead body was recovered and subsequently brought to the<\/p>\n
hospital. Therefore, the trial Court has rightly held that non-joining of<\/p>\n
Satkartar Singh and Sukhminder Singh in investigation of the case is a<\/p>\n
missing link in the chain of events in this case.\n<\/p>\n
15.          The complainant had lodged the report Exhibit PD with the<\/p>\n
police after 4.00 P.M. on 7.5.1998, wherein it is specifically mentioned that<\/p>\n
some unknown person had hacked Hardev Singh to death. The conduct of<\/p>\n
the police is also very surprising. Only Bir Singh could provide the police<\/p>\n
with clues about the identity of assailant. He was present in the village when<\/p>\n
statements were recorded by the police Inspector after 7.35 P.M. but he did<\/p>\n
not appear before the DSP till then. This creates doubt in the mind of the<\/p>\n
Court that Bir Singh had not provided the police with any clue about the<\/p>\n
identity of the assailant, till at least the departure of the DSP from the<\/p>\n
village. In the same way, the testimony of Baldev Singh, PW11, who<\/p>\n
testified that he had seen Jaskaran emerging out of the Baithak of Hardev<\/p>\n
Singh carrying an axe with him, does not inspire any confidence as he has
\n Crl. A. No.311-DBA of 2001                                     -6-<\/span><\/p>\n
made many improvements in the statement made by him under Section 161<\/p>\n
of the Code of Criminal Procedure. He and the complainant have common<\/p>\n
ancestors. Baldev Singh and Bir Singh had made statements before the<\/p>\n
police on the next day of the incident.\n<\/p>\n
16.         PW-11 Baldev Singh and PW-12 Bir Singh claimed to have<\/p>\n
seen the accused closing the door of the Baithak but there is no reference<\/p>\n
that they saw each other.\n<\/p>\n
17.         So far as the extra-judicial confession alleged to have been<\/p>\n
made by Jaskaran Dass @ Karna in the presence of Boota Singh-Lamberdar<\/p>\n
and Boota Singh son of Kaka Singh PW9 at about 10.00 A.M. on 21.5.1998<\/p>\n
is concerned and as per the first version rendered by them, they met the<\/p>\n
police at T- point and handed accused Jaskaran to Inspector Ramesh Pal<\/p>\n
and he then made a disclosure statement, Exhibit PE, that subsequently led<\/p>\n
to the recovery of axe, Exhibit P1. Moreover, he had given the date of<\/p>\n
making of the extra-judicial confession as on 7.5.1998 in the examination-<\/p>\n
in-chief, but in the cross-examination, it had come on record that they<\/p>\n
produced the accused before the police within 6-7 days of the murder of<\/p>\n
Hardev Singh. If this is to be believed, then the accused was handed over<\/p>\n
to the police definitely on or before 14.05.1998 although the extra-judicial<\/p>\n
confession was allegedly made on 21.5.1998.\n<\/p>\n
18.          The motive put-forth by PW5 Banta Singh does not seem to be<\/p>\n
realistic and refers to the occurrence that took place 12-13 years ago.<\/p>\n
19.         While considering the ‘last seen’ evidence, the Hon’ble Supreme<\/p>\n
Court in State of Goa Vs. Sanjay Thakran and another, 2007(2) RCR<\/p>\n
(Criminal) 458 observed as under:\n<\/p>\n
                   “In the light of the factors that evidence regarding the
\n Crl. A. No.311-DBA of 2001                                     -7-<\/span><\/p>\n
            recovery of the incriminating materials from the accused
\n            persons has been discarded; that there has been sufficient time
\n            gap between the instances when the accused persons were last
\n            seen together with the deceased persons; and in the absence of
\n            any other corroborative piece of evidence to complete the chain
\n            of circumstances to fasten the guilt on the accused couple, we
\n            are of the opinion that the accused have been rightly given the
\n            benefit of doubt by the courts below. We have found that the
\n            finding of the High Court that the chain of circumstances is not
\n            complete to conclusively establish that either A-1 or A-2 alone
\n            or with the common intention of each other have committed the
\n            dreadful crime of murder of newly married couple, is correct
\n            and merely suspicion, however grave, cannot replace the
\n            weight attached to the evidence.”\n<\/p><\/blockquote>\n
19.         Accordingly, in view of above observations, in 66the present<\/p>\n
case, the evidence of ‘last seen’ also does not inspire any confidence. As it<\/p>\n
was a blind murder case, it seems that PWs Bir Singh and Baldev Singh<\/p>\n
have been introduced in the present case and no one had seen the real culprit<\/p>\n
either emerging out of the Baithak or anywhere in the vicinity. Further<\/p>\n
PW6 Boota Singh, Lamberdar and PW9 Boota Singh son of Kaka Singh<\/p>\n
have failed to prove that the accused confessed the guilt in their presence on<\/p>\n
21.5.1998. There are material contradictions in their statements.<\/p>\n
20.         We feel in the instant case, the circumstances in which the body<\/p>\n
was discovered are not clear. In our opinion, the prosecution has failed to<\/p>\n
establish acceptable circumstances that in all probabilities the accused<\/p>\n
Jaskaran Dass is the perpetrator of the alleged crime. The evidence on<\/p>\n
record is insufficient to connect the accused with the commission of<\/p>\n
offence.\n<\/p>\n
21.         In view of the above discussions, the present appeal filed by the
\n Crl. A. No.311-DBA of 2001                                     -8-<\/span><\/p>\n
State is dismissed and the judgment dated 13.11.2000 passed by the<\/p>\n
Additional Sessions Judge, Sirsa, is maintained.<\/p>\n
                                             ( JITENDRA CHAUHAN )
\n                                                     JUDGE<\/p>\n
                                                   ( K .S. GAREWAL )
\n                                                         JUDGE
\nSeptember 16, 2008
\nSR\/mk<\/p>\n
Note:       Whether to be referred to reporter?       Yes\/No\n <\/p>\n","protected":false},"excerpt":{"rendered":"
Punjab-Haryana High Court State Of Haryana vs Jaskaran Dass on 16 September, 2008 Crl. A. No.311-DBA of 2001 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. A. No.311-DBA of 2001 Date of Decision: September 16, 2008 State of Haryana …….Appellant Versus Jaskaran Dass …….Respondent CORAM:- HON’BLE MR.JUSTICE K.S.GAREWAL HON’BLE MR.JUSTICE JITENDRA […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,28],"tags":[],"class_list":["post-12066","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"\nState Of Haryana vs Jaskaran Dass on 16 September, 2008 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/state-of-haryana-vs-jaskaran-dass-on-16-september-2008\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"State Of Haryana vs Jaskaran Dass on 16 September, 2008 - 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