{"id":28331,"date":"2008-10-01T00:00:00","date_gmt":"2008-09-30T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/krishan-kumar-and-another-vs-state-of-haryana-on-1-october-2008"},"modified":"2017-10-16T13:07:33","modified_gmt":"2017-10-16T07:37:33","slug":"krishan-kumar-and-another-vs-state-of-haryana-on-1-october-2008","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/krishan-kumar-and-another-vs-state-of-haryana-on-1-october-2008","title":{"rendered":"Krishan Kumar And Another vs State Of Haryana on 1 October, 2008"},"content":{"rendered":"
Punjab-Haryana High Court<\/div>\n
Krishan Kumar And Another vs State Of Haryana on 1 October, 2008<\/div>\n
Crl. Appeal No. 467 DB of 1998                                       1\n\n      IN THE HIGH COURT OF PUNJAB AND HARYANA AT\n                     CHANDIGARH\n\n\n\n                         Crl. Appeal No. 467 DB of 1998\n                         Date of decision: October 1, 2008\n\n\n\nKrishan Kumar and another                         ...Appellants\n\n                         Versus\n\nState of Haryana                                  ...Respondent\n\n\n\n\nCORAM:- HON'BLE MR. JUSTICE K.S. GAREWAL\n        HON'BLE MR. JUSTICE JITENDRA CHAUHAN\n\n\n\nPresent:    Mr. Baldev Singh, Senior Advocate with\n            Mr. Arshwinder Singh, Advocate,\n            for the appellants.\n\n            Ms. Navin Malik, Additional Advocate General, Haryana.\n\n\nK.S.GAREWAL, J.\n<\/pre>\n
            Krishan Kumar (20) and Bhoop Singh (28), residents of<\/p>\n
Durjanpur, Police Station Agroha, District Hisar, were charged under<\/p>\n
Section 302 read with Section 34 IPC for the murder of Dharmapal (20) of<\/p>\n
their village. They were tried by the learned Additional Sessions Judge,<\/p>\n
Hisar, found guilty on August 22, 1998 and sentenced to rigorous<\/p>\n
imprisonment for life and to pay fine of Rs. 1000\/-, in default of payment of<\/p>\n
fine, they were to further undergo rigorous imprisonment for three months.<\/p>\n
            Dharampal was the son of Jag Ram @ Jaggu (PW-7) and<\/p>\n
Sarwan Devi (PW-8) also of Durjanpur. On the evening of August 13, 1996
\n Crl. Appeal No. 467 DB of 1998                                        2<\/span><\/p>\n
at about 7 PM, Jag Ram @ Jaggu, his wife Sarwan Devi and brother Lekh<\/p>\n
Ram were sitting in the courtyard of their house. Bhoop Singh accused and<\/p>\n
his nephew Krishan Kumar came to their house and called Dharampal out.<\/p>\n
Jagram, Dharmpal and Dharmpal’s sister Kali were at that time busy cutting<\/p>\n
green fodder with their gandasa. Dharampal left the gandasa and went out of<\/p>\n
the house. He was followed by Jag Ram.\n<\/p>\n
            They found Krishan Kumar appellant 1 and his maternal uncle<\/p>\n
Bhoop Singh standing outside the house. Bhoop Singh addressed<\/p>\n
Dharampal and said that he had beaten their “bitch” for the defecating and<\/p>\n
they had now come to teach him a lesson. In the meanwhile, Lekh Ram also<\/p>\n
came out of the house. Bhoop Singh began abusing Dharampal and caught<\/p>\n
hold him from behind. Krishan Kumar stabbed Dharampal in the abdomen<\/p>\n
on the right side of the navel. After inflicting injuries both Bhoop Singh and<\/p>\n
Krishan Kumar left the scene. Jag Ram and Lekh Ram lifted Dharampal and<\/p>\n
brought him inside their house. Thereafter they arranged for transport and<\/p>\n
evacuated him to Hisar hospital but Dharampal died outside the hospital<\/p>\n
gate.\n<\/p>\n
            Jag Ram @ Jaggu met ASI Kapoor Singh in the hospital and<\/p>\n
gave his statement.    ASI Kapoor Singh of Police Station, Agroha, had<\/p>\n
reached the hospital on receiving an intimation from the SHO, Police<\/p>\n
Station, Hisar, regarding Dharampal’s death.      Jag Ram’s statement was<\/p>\n
concluded at 11.30 PM and on its basis FIR was registered at Police Station,<\/p>\n
Agroha, at 1 AM on August 14,1996. The special report of the case was<\/p>\n
delivered to the Magistrate, Hisar at 3.30 AM.\n<\/p>\n
            The Investigating Officer commenced the investigation by<\/p>\n
preparing the inquest report of the dead body which was lying in Civil
\n Crl. Appeal No. 467 DB of 1998                                        3<\/span><\/p>\n
Hospital, Hisar. Thereafter, the body was sent for post-mortem which was<\/p>\n
conducted by Dr. Ramender Singh (PW-1), Medical Officer, Government<\/p>\n
Hospital, Hisar at 12.30 PM on August 14, 1996. The Medical Officer<\/p>\n
found the following injury.\n<\/p>\n
             “1.   There was a spindle shaped incised wound measuring 2<\/p>\n
                   inch in length. The maximum width was \u00bd inch in the<\/p>\n
                   middle. It was placed obliquely on the right side of<\/p>\n
                   abdomen about 3 inches from the umblicus clotted blood<\/p>\n
                   was present in and around the wound on probing and<\/p>\n
                   dissection the direction of the wound was upwards and<\/p>\n
                   slightly medically. It traversed through the muscle and<\/p>\n
                   facia of the anterior abdominal wall and there was a cut<\/p>\n
                   of 1.5 inch x 0.5 inch in the ascending colon and a cut in<\/p>\n
                   the inferior surface of liver which was 1.0 inch x 0.5 inch<\/p>\n
                   x 0.5 inch in size. The abdominal cavity contained about<\/p>\n
                   one litre of blood. The depth of the wound was about 6<\/p>\n
                   inches.\n<\/p><\/blockquote>\n
                   The heart was healthy and empty. The large intestines<\/p>\n
                   contained facecal matter. The stomach was healthy and<\/p>\n
                   empty. Other organs were pale and healthy.”<\/p><\/blockquote>\n
            In the opinion of the Medical Officer, the cause of death was<\/p>\n
harmorrhage due to the aforesaid injury which was sufficient to cause death<\/p>\n
in the ordinary course of nature.\n<\/p>\n
            The Investigator proceeded to Durjanpur, recorded the<\/p>\n
statements of the eye witnesses Sarwan Devi, Lekh Ram and took blood<\/p>\n
stained earth from the spot. He looked for the accused but could not find
\n Crl. Appeal No. 467 DB of 1998                                        4<\/span><\/p>\n
them. Krishan Kumar was arrested on August 19, 1996 from Bus Stand<\/p>\n
Durjanpur. He was interrogated and his disclosure statement led to the<\/p>\n
recovery of a knife from a rain water outlet (parnala) of the kitchen of his<\/p>\n
house. Bhoop Singh was also arrested on August 19, 1996.<\/p>\n
            After completion of the investigation, both the accused were<\/p>\n
sent up for trial. Charges were framed against Krishan Kumar under Section<\/p>\n
302 IPC and against both Krishan Kumar and Bhoop Singh under Section<\/p>\n
302\/34 IPC, to which they pleaded not guilty and claimed trial. The main<\/p>\n
witnesses examined by the prosecution were Dr. Ramender Singh (PW-1),<\/p>\n
Jag Ram @ Jaggu (PW-7), Sharwan (PW-8) and ASI Kapoor Singh (PW-<\/p>\n
10).\n<\/p>\n
            After completion of the prosecution evidence, the accused were<\/p>\n
examined without oath under Section 313 Cr.P.C.            Both denied the<\/p>\n
prosecution case but Krishan Kumar pleaded a counter-version to the<\/p>\n
following effect:-\n<\/p>\n
             “Bhoop my co-accused is my maternal uncle. My parents are<\/p>\n
             dead and I have minor sister who is unmarried and reside with<\/p>\n
             me at village Dobhi. I occasionally visit village Durjanpur to<\/p>\n
             meet my maternal uncle. My maternal uncle and I were not<\/p>\n
             having any bitch. My maternal uncle has four children two of<\/p>\n
             them are sons and two of them are daughters. There is a public<\/p>\n
             latrine abutting the street in the vicinity of the house of my<\/p>\n
             maternal uncle.   On the alleged day of the occurrence my<\/p>\n
             maternal aunt Chameli alias Guddi had gone to answer the call<\/p>\n
             of nature in the public latrine. I was present at the house of my<\/p>\n
             maternal uncle who had gone to sell milk at Hisar as he is a
\n Crl. Appeal No. 467 DB of 1998                                      5<\/span><\/p>\n
            milk vendor. After sometime I heard the cries of my maternal<\/p>\n
            aunt and I immediately rushed to the street near the latrine and<\/p>\n
            saw that Dharampal had caught hold of my maternal aunt with<\/p>\n
            intend to molest and ravish her. I caught hold of Dharampal<\/p>\n
            deceased but immediately thereafter he took out a knife and<\/p>\n
            attempted to assault me. In my attempt to save myself I caught<\/p>\n
            the arm of Dharampal and twisted it and in the struggle he<\/p>\n
            suffered an injury with that knife in his abdomen”.<\/p><\/blockquote>\n
            When called upon to enter defence Bhoop Singh pleaded alibi<\/p>\n
in the following terms:-\n<\/p>\n
            “I am a milk vendor. I used to go to sell milk Hisar at 6.00 AM<\/p>\n
            and used to return to my village at 11.00 AM and again I used<\/p>\n
            to go at 3.00 P.M. and used to return at 8\/9.00 P.M. On 13.9.96<\/p>\n
            at about 7.00 P.M. I was not present in my village and had<\/p>\n
            come to Hisar for selling milk.”<\/p><\/blockquote>\n
            The accused were called upon to enter defence. Guddi @<\/p>\n
Chameli appeared as DW-1 and testified that she had gone to the common<\/p>\n
public latrine at 6.30 AM.    The deceased entered the latrine with bad<\/p>\n
intention, caught hold of her to outrage her modesty. She raised an alarm<\/p>\n
which attracted Krishan Kumar. The deceased came out of the latrine and<\/p>\n
she also followed him. Krishan Kumar caught hold of the deceased’s hand<\/p>\n
but the deceased took out a dagger from the fold of his pyjama to assault<\/p>\n
Krishan Kumar. Krishan Kumar caught hold of his hands and twisted them.<\/p>\n
In the struggle the dagger which the deceased was holding entered his own<\/p>\n
abdomen. Blood drops fell on the ground around the latrine.<\/p>\n
            The learned Trial Judge accepted the prosecution version in its
\n Crl. Appeal No. 467 DB of 1998                                         6<\/span><\/p>\n
entirety.    The defence pleaded by the accused was rejected as being<\/p>\n
improbable. The learned Trial Judge held as under:-<\/p>\n
              “It is pertinent to mention here that the case of the defence, is<\/p>\n
              that Krishan accused had grappled with the deceased and the<\/p>\n
              knife had hit the deceased in that scuffle. So the presence of<\/p>\n
              Krishan accused at the spot is not disputed. From the evidence<\/p>\n
              on record it is clear that deceased had only one injury on his<\/p>\n
              person. There is no evidence on record to prove that Krishan<\/p>\n
              accused had received any injury on his person. Had there been<\/p>\n
              any scuffle in between Krishan and Dharmapal deceased there<\/p>\n
              would have been injuries on the person of both of them as both<\/p>\n
              of them are young persons.      The absence of injury on the<\/p>\n
              person of accused as well as any other injury on the person of<\/p>\n
              deceased suggests that the defence version is improbable.<\/p>\n
              Otherwise also from the site plan it is apparent that the public<\/p>\n
              latrine is near the Abadi. So no one will dare to molest a<\/p>\n
              woman at such a place during day time.”<\/p><\/blockquote>\n
              It has been forcefully argued that the prosecution has failed to<\/p>\n
establish any real motive. The two accused were said to have stabbed the<\/p>\n
deceased because he had beaten their bitch. However, the prosecution has<\/p>\n
failed to show when this incident occurred, whether it was seen by any one<\/p>\n
else and what was so special about that bitch that had made the accused so<\/p>\n
sensitive.    There did not appear to be any other past enmity or motive<\/p>\n
between the two families. Therefore, beating of a bitch did not sound to be<\/p>\n
such a strong motive that would drive any one to commit murder.<\/p>\n
              A lot of stress was placed on the fact that the place of
\n Crl. Appeal No. 467 DB of 1998                                        7<\/span><\/p>\n
occurrence was not outside the house of the deceased but at a little distance<\/p>\n
therefrom, as no blood was found outside the house. Blood was found<\/p>\n
outside the latrine which was about 33 ft from the entrance of the house,<\/p>\n
therefore, this lent corroboration to Guddi’s version. It was also argued that<\/p>\n
neither Sarwan Devi nor Jag Ram @ Jaggu had mentioned the name of Lekh<\/p>\n
Ram in their evidence. They had testified that one Prabhu was with them<\/p>\n
when the occurrence took place.\n<\/p>\n
             Lastly, it was argued that Bhoop Singh had been empty handed<\/p>\n
while Krishan Kumar had acted in exercise of right of self defence. Krishan<\/p>\n
Kumar was attracted to the spot when he heard his aunt Guddi’s screams<\/p>\n
coming from latrine. When he reached the spot he found the deceased had<\/p>\n
caught hold of Guddi and was trying to outrage her modesty. It was then<\/p>\n
that Krishan Kumar stabbed the deceased.\n<\/p>\n
             On behalf of the State, it was argued that Guddi’s version had<\/p>\n
not been supported by any one else from the village. She had not made any<\/p>\n
complaint to any senior officials about the false implication of her husband<\/p>\n
and nephew. As regards, the discrepancy over Lekh Ram, it was stated that<\/p>\n
Lekh Ram and Prabhu are the same person. Indeed in the statement of<\/p>\n
Sarwan (PW-8) it has been clearly brought out that she alongwith Parbhu<\/p>\n
and Lekh Ram were sitting in the courtyard. Lastly, it was submitted that<\/p>\n
Bhoop Singh was not a milk vendor but a barber. His alibi that he was in<\/p>\n
Hisar to sell the milk was false. There was no proof that he was engaged in<\/p>\n
selling the milk.\n<\/p>\n
             We are unconvinced about the so-called motive that the<\/p>\n
deceased was stabbed because he had beaten Bhoop Singh’s bitch.<\/p>\n
Something else must have happened which had led to Dharampal getting
\n Crl. Appeal No. 467 DB of 1998                                         8<\/span><\/p>\n
stabbed. It was obvious that Dharampal was stabbed outside the latrine and<\/p>\n
not outside the gate.      This is because no blood was found outside<\/p>\n
Dharampal’s house, but had been collected from near the latrine. If this is<\/p>\n
so, then it can be said with certainty that Dharampal was stabbed near the<\/p>\n
latrine. It seems to us that the defence version was built up around the<\/p>\n
latrine for the reason that it was near the latrine that Investigator had found<\/p>\n
the blood.\n<\/p>\n
             The prosecution case that it was a fight over a bitch does not<\/p>\n
appear to be convincing. In the same way, even the defence version that<\/p>\n
Dharampal had stabbed himself with his own dagger is equally<\/p>\n
unbelieveable.   However, it is certain that occurrence had taken place<\/p>\n
outside the latrine.    It is possible that Guddi was present there and<\/p>\n
something may have occurred between the deceased and Guddi. We are not<\/p>\n
supposed to re-construct the scene of occurrence, by borrowing bits from<\/p>\n
the prosecution and the defence case. Either the prosecution or the defence<\/p>\n
version have to be accepted or rejected in totality. Improbability of<\/p>\n
Dharampal’s stabbing himself is very high.        A person holding a knife<\/p>\n
realizes at once that someone is trying to snatch it, he would immediately<\/p>\n
loosen his grip to avoid hurt. However, Krishan Kumar inflicted only a<\/p>\n
single knife blow on the abdomen of Dharampal. He did not give repeated<\/p>\n
blows. The fight over the bitch was a trivial matter. Krishan Kumar may<\/p>\n
have had no intention to murder Dharampal.\n<\/p>\n
             Therefore, while rejecting the defence version and accepting<\/p>\n
the prosecution case, we find that the offence committed by Krishan Kumar<\/p>\n
is not one punishable under Section 302 IPC but one under Section 304<\/p>\n
Part-II IPC. Krishan Kumar is acquitted of the charge under Section 302
\n Crl. Appeal No. 467 DB of 1998                                        9<\/span><\/p>\n
IPC.   Bhoop Singh did not share any common intention with Krishan<\/p>\n
Kumar. Bhoop Singh is accordingly entitled to a complete acquittal.<\/p>\n
             Consequently, this appeal is partly allowed. Krishan Kumar’s<\/p>\n
conviction is converted from Section 302 IPC to one Section 304 Part-II<\/p>\n
IPC. Krishan Kumar is sentenced to undergo five years imprisonment under<\/p>\n
Section 304 Part II IPC and to pay fine of Rs. 25,000\/-, in default of<\/p>\n
payment of fine, he shall undergo further rigorous imprisonment for one<\/p>\n
year. Bhoop Singh is acquitted of all charges. Fine, on recovery, shall be<\/p>\n
paid to the heirs of the deceased.<\/p>\n
\n\n                                          (K.S. GAREWAL)\n                                                  JUDGE\n\n\n\n1.10.2008                              (JITENDRA CHAUHAN)\nprem                                             JUDGE\n\n\n\nWhether refer to Reporter                  Yes\n <\/pre>\n","protected":false},"excerpt":{"rendered":"
Punjab-Haryana High Court Krishan Kumar And Another vs State Of Haryana on 1 October, 2008 Crl. Appeal No. 467 DB of 1998 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Appeal No. 467 DB of 1998 Date of decision: October 1, 2008 Krishan Kumar and another …Appellants Versus State of Haryana […]<\/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-28331","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"\nKrishan Kumar And Another vs State Of Haryana on 1 October, 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\/krishan-kumar-and-another-vs-state-of-haryana-on-1-october-2008\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Krishan Kumar And Another vs State Of Haryana on 1 October, 2008 - 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