{"id":59759,"date":"2009-03-06T00:00:00","date_gmt":"2009-03-05T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/balbir-singh-anil-vs-state-of-haryana-on-6-march-2009"},"modified":"2016-06-18T19:04:41","modified_gmt":"2016-06-18T13:34:41","slug":"balbir-singh-anil-vs-state-of-haryana-on-6-march-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/balbir-singh-anil-vs-state-of-haryana-on-6-march-2009","title":{"rendered":"Balbir Singh @ Anil vs State Of Haryana on 6 March, 2009"},"content":{"rendered":"
Punjab-Haryana High Court<\/div>\n
Balbir Singh @ Anil vs State Of Haryana on 6 March, 2009<\/div>\n
Crl. Appeal No. 24-DB of 2000                            (1)\n\n IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH\n\n\n                                     Crl. Appeal No. 24-DB of 2000\n\n                                     DATE OF DECISION: 6.3.2009\n\n\nBalbir Singh @ Anil                               ..........Appellant\n\n                         Versus\n\nState of Haryana                                  ..........Respondent\n\n\nCORAM:- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL\n        HON'BLE MRS. JUSTICE DAYA CHAUDHARY\n\n\nPresent:-   Shri N.K. Sanghi, Advocate\n            for the appellant.\n\n            Mr. Partap Singh, Sr. DAG, Haryana.\n\n\n                         ****\n\nDAYA CHAUDHARY, J.\n<\/pre>\n
            The present appeal arises out of judgment of conviction and<\/p>\n
order of sentence dated 18.12.1999 and 20.12.1999, respectively, passed<\/p>\n
by Additional Sessions Judge (II), Faridabad, in Sessions Case No. 48,<\/p>\n
whereby, the accused-appellant has been convicted under Section 302 IPC<\/p>\n
and sentenced to undergo rigorous imprisonment for life and to pay a fine<\/p>\n
of Rs. 5000\/- and in default of payment of fine to further undergo RI for one<\/p>\n
year.\n<\/p>\n
            Brief facts of the case, as put up by the prosecution, are that<\/p>\n
on 14.3.1999, Daulat Ram (PW-1), brother of the deceased-Kamla, made a<\/p>\n
report to the Incharge Police Post Bus Stand, Palwal stating that his sister-<\/p>\n
Kamla contracted love marriage about seven years back with Baljeet @<\/p>\n
Ballu @ Anil. His sister had two sons, one aged about six years and other<\/p>\n
about two and a half years. His brother-in-law residing in front of Inder<\/p>\n
Prastha Girls College, Delhi, used to harass and beat her sister-Kamla
\n Crl. Appeal No. 24-DB of 2000                           (2)<\/p>\n
since the time of her marriage. It was further stated by Daulat Ram (PW-1)<\/p>\n
that his sister was also employed in some factory at Faridabad.             On<\/p>\n
13.3.1999, his sister and brother-in-law-Anil came to the house of his<\/p>\n
mother and after taking dinner, they went on the roof of the house to sleep.<\/p>\n
In the morning his mother Shanti went on the roof and saw his sister Kamla<\/p>\n
lying dead whose nose was cut and there was strangulation mark on her<\/p>\n
neck.   His brother-in-law was not present as he left the house after<\/p>\n
committing the murder of Kamla.      Statement (Ex. PA)       of Daulat Ram<\/p>\n
recorded by Charan Singh, ASI (PW-3) was sent to the police Station, on<\/p>\n
the basis of which a formal FIR (Ex.PB) under Section 302 IPC was<\/p>\n
recorded.\n<\/p>\n
            Accused was apprehended and during the course of<\/p>\n
investigation, it was found to be a case under Section 304-B IPC instead of<\/p>\n
Section 302 IPC. . The accused was sent to face trial for the offence<\/p>\n
punishable under Section 304-B IPC.          On the basis of documents<\/p>\n
produced by the prosecution, a prima facie case under Section 302 IPC<\/p>\n
was made out against the accused, therefore, he was charge-sheeted<\/p>\n
under Section 302 IPC, to which, he pleaded not guilty and claimed trial.<\/p>\n
            In order to substantiate its case, prosecution examined as<\/p>\n
many as five witnesses. Daulat Ram (PW-1), complainant, real brother of<\/p>\n
deceased-Kamla, reiterated the same version as has been stated by him in<\/p>\n
the complaint, on which basis FIR was registered. Shanti (PW-2), mother<\/p>\n
of deceased-Kamla stated that her daughter contracted love marriage with<\/p>\n
accused-appellant about six years before the occurrence. The accused-<\/p>\n
appellant used to harass her daughter with regard to demand of dowry and<\/p>\n
expenses.    On 13.3.1999 accused-appellant and Kamla came to her<\/p>\n
house. She further stated that there was some altercation between them<\/p>\n
but after taking dinner, both of them went to sleep on the roof and she<\/p>\n
(Shanti) was sleeping in the house. In the morning, neither her son-in-law
\n Crl. Appeal No. 24-DB of 2000                            (3)<\/p>\n
nor daughter Kamla woke up. She along with her son Daulat Ram went on<\/p>\n
the roof, where, Kamla was sleeping in the blanket. On removing blanket,<\/p>\n
it was found that her nose was cut and there was strangulation mark on her<\/p>\n
neck and she was dead. One piece of string and blade were also found<\/p>\n
lying there.     According to Shanti, mother of the deceased, accused-<\/p>\n
appellant has committed murder of her daughter. Charan Singh (PW-3)<\/p>\n
stated that on 14.3.1999 he was posted as Incharge, Police Post, Bus<\/p>\n
Stand, Palwal. He recorded the statement of Daulat Ram and sent ruqa<\/p>\n
(Ex. PA) on which basis formal FIR (Ex. PB) was registered. It was further<\/p>\n
stated that he conducted proceedings under Section 174 Cr.P.C. and<\/p>\n
recorded statements of the witnesses. On his application, postmortem of<\/p>\n
the dead body was conducted. The accused-appellant was apprehended<\/p>\n
on 4.4.1999 and after completion of the investigation, report under Section<\/p>\n
173 Cr.P.C. was prepared. Ashok Kumar (PW-4) draftman, prepared the<\/p>\n
scaled map EX.PF. Dr. Jagmohan Mittal (PW-5) Medical Officer,<\/p>\n
Government Hospital, Palwal stated that on 14.3.1999, he conducted<\/p>\n
postmortem on the dead body of deceased Kamla. There were ligature<\/p>\n
mark on the body of the deceased.         Margins of ligature was swollen.<\/p>\n
Abrasion and sign of ecchymosil were present.                  On dissection<\/p>\n
subcutaneous ecchymosis was present.          As per his opinion, cause of<\/p>\n
death was due to asphyxia as a result of strangulation, which was ante<\/p>\n
mortem in nature and was sufficient to cause death in ordinary course of<\/p>\n
nature. The injuries were ante mortem in nature and no sign of poisoning<\/p>\n
was present. It was also stated by this witness in his cross-examination<\/p>\n
that the strangulation could be caused by a rope of thickness about half<\/p>\n
inch and no sign of rape was present.\n<\/p>\n
               After closure of the prosecution evidence, statement of<\/p>\n
accused-appellant under Section 313 Cr.P.C. was recorded, wherein, he<\/p>\n
denied the allegations of the prosecution and alleged his false implication.\n<\/p>\n
 Crl. Appeal No. 24-DB of 2000                             (4)<\/p>\n
             After hearing the arguments of learned counsel for the parties<\/p>\n
and relying upon the aforesaid prosecution witnesses, the trial Court<\/p>\n
convicted and sentenced the accused-appellant under Section 302 IPC, as<\/p>\n
mentioned in the first paragraph of this judgment.\n<\/p>\n
            Mr. N.K. Sanghi, learned counsel for the accused-appellant<\/p>\n
argued that as per case of the prosecution, deceased died due to<\/p>\n
strangulation but the trial Court has not taken into consideration the articles<\/p>\n
found lying near the dead body, which are necessary for the just decision<\/p>\n
of the case. Although, in column No. 23 of the inquest report, no article<\/p>\n
was found to have been shown near the dead body but as per Shanti (PW-<\/p>\n
2), mother of the deceased and other witnesses, blanket, blade, chunni and<\/p>\n
gudri were also there.    Mr. Sanghi further argues that in this case the<\/p>\n
murder might have been committed by mother or brother of the deceased,<\/p>\n
as it was a case of inter-caste love marriage and the family members did<\/p>\n
not relish their marriage.      He further argued that the manner and<\/p>\n
circumstances in which the alleged murder was committed appear to be<\/p>\n
doubtful. The husband could have adopted some other method to murder<\/p>\n
his wife instead of killing her at her parental house and the accused-<\/p>\n
appellant cannot be connected with the crime in any manner. Mr. Sanghi<\/p>\n
also argued that there was no motive for the husband to commit murder of<\/p>\n
his wife because they performed love marriage and the relation between<\/p>\n
them was cordial. More so, it was not the case of the prosecution that<\/p>\n
relationship between them were not cordial and were strained. .            Mr.<\/p>\n
Sanghi further argued that the accused-appellant cannot be connected with<\/p>\n
the murder as he was not present at the time of occurrence and only the<\/p>\n
dead body of the deceased was found on the roof of the house.              Mr.<\/p>\n
Sanghi further argued that the murder might have been committed by<\/p>\n
somebody else because in the cross-examination Ashok Kumar (PW-4)<\/p>\n
has stated that a wooden stair was also lying at the spot. To commit
\n Crl. Appeal No. 24-DB of 2000                           (5)<\/p>\n
murder in such a ruthless manner by cutting nose could not be expected<\/p>\n
from the accused-appellant, who was the husband of the deceased. Mr.<\/p>\n
Sanghi argued that if the statements of all the witnesses are taken into<\/p>\n
consideration even then the accused cannot be connected with the alleged<\/p>\n
murder.    The prosecution has miserably failed to establish that the<\/p>\n
accused-appellant had committed murder of deceased-Kamla, therefore,<\/p>\n
the story of the prosecution becomes suspicious and highly doubtful. In<\/p>\n
case of suspicious circumstances, it cannot be presumed that this is the<\/p>\n
only and only possible view drawn by the prosecution and the benefit of<\/p>\n
doubt should go to the accused-appellant. It is also well settled law that if<\/p>\n
two views are possible then accused-appellant should not be held liable<\/p>\n
            Mr. Partap Singh, Sr. DAG, Haryana, argued that the<\/p>\n
prosecution has fully proved its case beyond reasonable doubt on the basis<\/p>\n
of theory of last seen and circumstantial evidence. It has been proved from<\/p>\n
the statements of the witnesses that the accused-appellant took dinner and<\/p>\n
went to sleep on the roof and at the time of occurrence, it was only the<\/p>\n
accused-appellant, who was with the deceased. Moreover, the accused-<\/p>\n
appellant has not been able to prove that he was not present at the time of<\/p>\n
commission of murder or had left the spot before commission of offence.<\/p>\n
            We have heard the arguments of learned counsel for the<\/p>\n
parties and perused the evidence available on record.<\/p>\n
            The case of the prosecution rests on the testimony of Daulat<\/p>\n
Ram (PW-1), Shanti (PW-2) and Dr. Jagmohan Mittal (PW-5). It is clear<\/p>\n
from the statements of PW-1 and PW-2 that accused-appellant was with<\/p>\n
them at the time of taking food in the night and both accused as well as<\/p>\n
deceased went on the roof to have a sleep and, therefore, murder was also<\/p>\n
committed during night. The plea of accused-appellant that he was not<\/p>\n
present at the time of commission of murder is not believable, as it has not<\/p>\n
been proved that he had left the house or that he was not present at the
\n Crl. Appeal No. 24-DB of 2000                           (6)<\/p>\n
time of commission of the murder. The accused-appellant has also not<\/p>\n
taken the plea in the statement recorded under Section 313 Cr.P.C. that he<\/p>\n
had not slept on the roof or has left the house before commission of crime<\/p>\n
during night. It has simply been stated by the accused-appellant in his<\/p>\n
statement that he has falsely been implicated in this case.<\/p>\n
            Moreover, the case of the prosecution has been fully proved by<\/p>\n
the medical evidence. As per opinion of Dr. Jagmohan Mittal (PW-5), the<\/p>\n
cause of death was due to asphyxia as a result of strangulation and all the<\/p>\n
injuries were ante mortem in nature and were sufficient to cause death in<\/p>\n
ordinary course of nature. He further stated that there were ligature marks<\/p>\n
on the neck of the deceased and margins of ligature were swollen.<\/p>\n
Abrasion and sign of ecchymosil were present and on dissection<\/p>\n
subcutaneous ecchymosil was present.            In cross-examination Dr.<\/p>\n
Jagmohan Mittal (PW-5) stated that injury was with any sharp weapon like<\/p>\n
knife, darati and no sign of poisoning was there and it was not a case of<\/p>\n
rape. It was further mentioned that strangulation was caused by a rope<\/p>\n
having a thickness of about half inch and nose might have been cut before<\/p>\n
strangulation.\n<\/p>\n
            The argument of learned counsel for accused-appellant that<\/p>\n
the murder might have been committed by either mother or brother of the<\/p>\n
deceased, as the inter-caste love marriage was not relished by them, does<\/p>\n
not carry any weight. There is nothing on record to show that the parents<\/p>\n
of the deceased were still angry with the marriage. The relations between<\/p>\n
deceased and accused were cordial and both of them took dinner together<\/p>\n
in the house of mother of the deceased and went on the roof of the house<\/p>\n
to have a sleep.      Even in the statement recorded under Section 313<\/p>\n
Cr.P.C., the accused has not stated that the parents of the deceased were<\/p>\n
not happy with their marriage.\n<\/p>\n
                 The accused and deceased were lastly seen by mother and
\n Crl. Appeal No. 24-DB of 2000                             (7)<\/p>\n
brother of the deceased, as they all took dinner in the night and thereafter<\/p>\n
accused and deceased went on the roof to have a sleep. The deceased<\/p>\n
was found murdered in the morning and at that time accused-appellant was<\/p>\n
not present there. It is not the case of the accused-appellant that he was<\/p>\n
not present during night or left the house during night. It is for the accused-<\/p>\n
appellant to prove that he was not present there. The presumption can be<\/p>\n
drawn against the accused-appellant under Section 106 of the Indian<\/p>\n
Evidence Act, 1872 (hereinafter referred to as ‘the Act’) that it is only he<\/p>\n
who committed murder of the deceased as he was with the deceased while<\/p>\n
they went on roof of the house to have a sleep but the accused has not<\/p>\n
been able to prove his innocence. It is for the accused-appellant to prove<\/p>\n
that he was not there and left the deceased alone during night. This view<\/p>\n
has also been supported by Hon’ble Apex Court in State of Rajasthan Vs.<\/p>\n
Kashi Ram, 2007 (1) RCR (Criminal) 131, wherein, it has been held that<\/p>\n
under Section 106 of the Act, if a person is last seen with the deceased, he<\/p>\n
must offer an explanation as to how and when he parted company of the<\/p>\n
deceased.    If the accused fails to offer a reasonable explanation in<\/p>\n
discharge of burden placed on him, that itself provides an additional link in<\/p>\n
the chain of circumstances proved against him.          In the present case,<\/p>\n
accused was with the deceased in the night and he was lastly seen by<\/p>\n
mother and brother of the deceased and moreover he has not explained<\/p>\n
how and when he parted company of the deceased or offered some<\/p>\n
plausible explanation exculpating him.      The accused-appellant has not<\/p>\n
even   pleaded alibi, nor has he given any explanation to support his<\/p>\n
innocence. Even in the statement recorded under Section 313 Cr.P.C., the<\/p>\n
accused-appellant has not given any explanation that he was not available<\/p>\n
during night or at the time of commission of murder.\n<\/p>\n
            In view of the facts, circumstances as well as law position<\/p>\n
discussed above, we are of the considered view that the prosecution has
\n Crl. Appeal No. 24-DB of 2000                           (8)<\/p>\n
fully proved its case beyond reasonable doubt and all the chains of<\/p>\n
circumstances are complete and no link is missing. We do not find any<\/p>\n
legal infirmity in the judgment of the trial Court, which requires any<\/p>\n
interference by this Court. Accordingly, the appeal being devoid of any<\/p>\n
merit is hereby dismissed and judgment and order of trial Court are upheld.<\/p>\n
            Appellant, Balbir Singh, who is on bail, is directed to surrender<\/p>\n
to custody to serve the remainder of sentence.<\/p>\n
\n\n\n\n\n                                           (DAYA CHAUDHARY)\n                                               JUDGE\n\n\n\n\n6.3.2009                                   (SATISH KUMAR MITTAL)\npooja                                            JUDGE\n <\/pre>\n","protected":false},"excerpt":{"rendered":"
Punjab-Haryana High Court Balbir Singh @ Anil vs State Of Haryana on 6 March, 2009 Crl. Appeal No. 24-DB of 2000 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Appeal No. 24-DB of 2000 DATE OF DECISION: 6.3.2009 Balbir Singh @ Anil ……….Appellant Versus State of Haryana ……….Respondent CORAM:- HON’BLE MR. […]<\/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-59759","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"\nBalbir Singh @ Anil vs State Of Haryana on 6 March, 2009 - 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\/balbir-singh-anil-vs-state-of-haryana-on-6-march-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Balbir Singh @ Anil vs State Of Haryana on 6 March, 2009 - 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