IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Appeal No. 682-DB of 1997 Date of Decision :- February 14, 2007 Ranjit Singh and others ....APPELLANTS VERSUS State of Haryana ....RESPONDENT CORAM: HON'BLE MR. JUSTICE MEHTAB S.GILL HON'BLE MR. JUSTICE ARVIND KUMAR Present:- Mrs Baljit K.Mann, Advocate for the appellants. Mr. Kulvir Narwal, Addl. Advocate General, Haryana. ------ MEHTAB S.GILL, J. This is an appeal against the judgment dated 20.9.1997 of the Additional Sessions Judge, Rohtak whereby he convicted Ranjit Singh son of Kamal Singh, Jai Singh son of Kamal Singh and Sher Singh son of Criminal Appeal No. 682-DB of 1997 Bihari Lal. The fourth accused Smt. Banto alias Satyawati was acquitted by the learned trial Court. Appellant Jai Singh son of Kamal Singh died during the pendency of the appeal and appeal against him has thus abated. Ranjit Singh has been convicted under Section 302 and sentenced to undergo life imprisonment and to pay a fine of Rs. 5,000/-. In default to further undergo RI for one year. Further he has been convicted under Section 452 IPC and sentenced to undergo RI for three years and to pay a fine of Rs.1,000/-. In default to further undergo RI for three months. Appellant Sher Singh son of Bihari Lal has been convicted under Section 452 IPC and sentenced to undergo RI for three years and to pay a fine of Rs.1,000/-. In default to further undergo RI for three months. Further he has been convicted under Section 323 IPC and sentenced to undergo RI for six months and to pay a fine of Rs.500/-. In default to further undergo RI for one month. The sentences were to run concurrently. The case of the prosecution is unfolded by the statement Ex.PL of Satyawan son of Dhan Singh given to ASI Mam Chand at Medical College Hospital, Rohtak on 1.8.1993 at 4.30 p.m. Satyawan stated that he is resident of Village Dulbaldhan. He along with his cousin Wazir son of Ved Singh came from the fields on 1.8.1993 at about 11.00 a.m., with a bull-cart loaded with fodder. They parked their cart in front of the house of Wazir for unloading the fodder. In the meantime, the elder sister of Wazir, Munni, came out from the house weeping and told them that Bhai Ranjit son of Kamal stood naked in front of her. On hearing this, Wazir went to the house of Ranjit to lodge a protest. After lodging the - 2 - Criminal Appeal No. 682-DB of 1997 protest, Wazir came back to his house. Soon after Ranjit armed with a knife, Jai Singh son of Kamla armed with ballam, Sher Singh son of Bihari armed with jelli and Banto wife of Sher Singh empty handed came there. Satyawan also entered the house of Wazir. In the presence of Satyawan and Munni, Ranjit inflicted two knife blows on the left side of the chest of Wazir. Banto caught hold of both the hands of Wazir and Jai Singh gave two ballam blows to Wazir, which hit him underneath the left side of his chin. Sher Singh inflicted kick blows on the thighs of Wazir. Sher Singh inflicted two/three blows of jelly, lathiwise on the head of Satyawan, when he tried to save Wazir. An alarm was raised. On hearing this, Satyawan’s father Dhan Singh came to the spot. All four accused thereafter ran away. Wazir was removed to Civil Hospital, Beri in a private vehicle. The doctor referred him to MCH Rohtak, after giving him an injection. Wazir was brought to MCH Rohtak, where the doctor declared him dead. The doctor refused to give medical aid to Satyawan and directed him to go to Beri and get himself bandaged there. On the basis of the statement of Satyawan, formal FIR Ex.PL/2 was recorded on 1.8.1993 at 6.40 p.m. The special report reached the JMIC, Jhajjar on the same day at 8.30 p.m. The prosecution to prove its case brought into the witness box Dr. Virender Kumar Jain as PW1, Dr. C.R.Khatri as PW2, Sunil Kumar Bhatnager Draftsman as PW3, HC Naresh Kumar as PW4, Dr. Indu Lalit as PW5, Satyawan as PW6, Munni as PW7, ASI Mam Chand as PW8, and SI/SHO Ram Sarup as PW9. - 3 - Criminal Appeal No. 682-DB of 1997 Appellants also examined Raj Singh Warden as DW1, Raj Singh son of Kapur Singh as DW2, Dr. R.C.Dadoo as DW3 and Raj Virender Singh Clerk as DW4 in defence to rebut the case of the prosecution. Learned counsel for the appellants has argued, that there is unexplained delay of 9-½ hours in lodging of the FIR. Satyawan PW6 along with Wazir deceased, had come from the fields and parked their Rehra (bull-cart), with fodder in front of the house of Wazir. They were unloading the fodder when Munni PW7, the elder sister of Wazir deceased, came and told them crying that Bhai Ranjit (appellant) came and stood naked in front of her. From 9.00 a.m. till 11.00 a.m. Munni PW7 did not talk about this indecent act to anyone. Thereafter, Wazir deceased went to the house of appellant Ranjit Singh and lodged a protest. Wazir came back to his house and it is thereafter, that appellants Ranjit Singh and Sher Singh came armed with knife and jelly respectively and gave injuries to the deceased and Satyawan PW6. FIR, Ex.PL/2 was recorded at 6.40 p.m. at Police Station Beri, which is only 8 K.Ms. away from the place of occurrence and 40-50 yards away from the Civil Hospital, Beri. The special report reached the JMIC, Jhajjar at 8.30 p.m. The distance between Police Station Beri and the JMIC Jhajjar, is 10-12 K.Ms. No explanation has come forward regarding the delay in lodging of the FIR and the special report reaching the JMIC so late. Ruqa Ex.PC was sent by Virender Kumar Jain PW1 to Police Station Beri at 11.45 a.m. Police at 11.45 a.m. had the intimation that Wazir had been injured and was in a serious - 4 - Criminal Appeal No. 682-DB of 1997 condition. Ram Sarup SI/SHO PW9 has stated in his testimony, that there was a Govt. jeep at Police Station, Beri. It is strange that the Investigating Officer ASI Mam Chand PW8, did not come to Police Station Beri, on receiving the ruqa Ex.PC, but went to Medical College Hospital, Rohtak (hereinafter called as M.C.H., Rohtak). In fact this time was being utilised for consultations and confabulations to falsely implicate the appellants. The presence of both the witnesses Satyawan PW6 and Munni PW7 is doubtful. Satyawan PW6 has stated, that he was going along with Wazir deceased, when the injuries were inflicted. His name is not mentioned by Dr. Virender Kumar Jain PW1, Dr. C.R.Khatri PW2 or Dr. Indu Lalit PW5 that he was along with deceased Wazir, when he was brought to the hospital. The injuries on the person of Satyawan PW6 could be self suffered or could be inflicted with a friendly hand. The injuries are not of a serious nature. He in fact has tried to become a stamped witness. Munni PW7 belonged to a different village. In her testimony, Munni PW7 has stated, that she was married 20-25 years earlier, meaning thereby, her age at the time of occurrence was 45 years. Her presence is unnatural, as she resides in her Village Ratoli with her in- laws. She has been introduced as a witness only to build up a false motive. Appellant Ranjit Singh was a boy of 17 years age at the time of the occurrence. Munni PW7 is his second cousin. The indecent act as spelt out by Munni PW7 could not have been done so, as they were closely related to each other. Appellant Sher Singh has been attributed giving kick blows on the thighs of the deceased, but there are no injuries - 5 - Criminal Appeal No. 682-DB of 1997 on the thigh region of the deceased. The injuries allegedly given to Satyawan PW6 by appellant Sher Singh are of simple nature. Learned counsel has further argued, that Raj Singh Warden DW1 came into the witness box and has stated, that Satyawan PW6 had met the appellants in jail. DW2 Raj Singh son of Kapur Singh has stated, that on 1.8.1993 at 7.00 a.m., he went to the house of Dhani and he saw that the wife of Wazir was throwing rubbish in the open courtyard of Dhani. When Dhani objected to it, Wazir started abusing Dhani. Wazir was armed with a jaili and he inflicted injuries on Dhani. Raj Singh DW2 intervened. Wazir gave a jaili blow on the head of Raj Singh DW2. He tried to give a second blow, but slipped and one prong of jaili pierced his chin. Raj Singh DW2 and Wazir grappled with each other. Wazir took out a knife from his pant pocket. Raj Singh DW2 tried to snatch the knife and suffered an injury. He then snatched the knife from Wazir and in order to protect himself, gave a knife blow on the chest of Wazir in self defence. Dr. R.C.Dadoo DW3 has opined that there is a possibility of prong of jaili, piercing from one wound and coming out of the second wound. It is clear from the evidence of the defence witnesses that Raj Singh DW2 had caused injuries to Wazir deceased in self defence. Learned counsel for the State has argued, that there is no delay in lodging of the FIR. Occurrence had taken place at 11.00 a.m. on 1.8.1993. FIR Ex.PL/2 had come into existence on 1.8.1993 at 6.40 p.m. after the statement Ex.PL of Satyawan PW6 was recorded by ASI Mam Chand PW8 at M.C.H., Rohtak at 4.30 p.m., the special report reached the - 6 - Criminal Appeal No. 682-DB of 1997 JMIC, Jhajjar on the same day at 8.30 p.m. Wazir was brought to Civil Hospital Beri. He was immediately referred to M.C.H., Rohtak, as he was in a serious condition. The distance between Beri and Rohtak, as per ASI Mam Chand PW8, is 30 to 35 K.Ms. On reaching Rohtak, he was declared dead. Thereafter, a ruqa Ex.PD was sent by Dr. C.R.Khatri PW2 to the Police Post at M.C.H., Rohtak regarding the death of Wazir. The Investigating Officer on receiving the ruqa Ex.PD, came to the M.C.H., Rohtak and recorded the statement of Satyawan PW6. Delay, if any, has been adequately explained. The motive for the commission of the offence was that appellant Ranjit Singh had misbehaved with Munni PW7, the sister of Wazir deceased. Wazir reprimanded Ranjit Singh, who is a collateral. Appellant Ranjit Singh along with appellant Sher Singh and Jai Singh (dead) and others came to the house of Wazir and attacked him. In the process, Satyawan PW6 was also injured. The injuries on the person of Satyawan PW6 cannot be self suffered, as they are on the head region. Presence of Satyawan PW6 and Munni PW7 is natural. Munni PW7 had come to her parents’ house, as her husband served in the army. Appellants and the complainant party were closely related and only a 2-3 feet high wall separated their compound. It was natural for her to spend some time with her in-laws and some time with her parents. We have heard the learned counsel for the parties and perused the record with their assistance. - 7 - Criminal Appeal No. 682-DB of 1997 Jai Singh son of Kamal Singh, who was arrayed as accused along with the appellants died during the trial, as per the learned counsel for the appellants. Appeal against him has thus abated. Smt. Banto was acquitted by the learned trial Court. We have before us appellant Ranjit Singh son of Kamal Singh and appellant Sher Singh son of Bihari Lal. Both the parties are closely related to each other and are collaterals, as shown below: - Shiv Lal Mam Chand Bihari Ved Singh Dhan Singh Kamal Sher Singh Kapura (accused) Satyawan (PW6) Raj Singh (DW2) Wazir Munni Jai Singh Ranjit Singh (deceased) (PW7) (accused) (accused) Satyawan PW6 along with Wazir deceased had brought fodder on a bullock cart at 11.00 a.m. on 1.8.1993. Munni PW7 came and told them that appellant Ranjit Singh had come to her and stood naked in front of her. Wazir went to the house of appellant Ranjit Singh and lodged a protest and reprimanded him. Appellant Ranjit Singh along with Jai Singh (dead) and appellant Sher Singh armed with knife Ex.P2, ballam - 8 - Criminal Appeal No. 682-DB of 1997 Ex.P6 and jaili Ex.P1 respectively, came to the house of Wazir and started inflicting injuries on Wazir. Satyawan PW6 also received injuries while trying to save Wazir. Munni PW7 saw the occurrence, as she was also present in the house. Appellants thereafter ran away and Wazir being in a serious condition was taken to Civil Hospital, Beri. Dr. Virender Kumar Jain PW1 has stated, that Wazir came to the hospital at 11.45 a.m. on 1.8.1993. He dressed the wounds and as the condition of the patient was serious, he was referred to M.C.H., Rohtak. Ruqa Ex.PC was sent to Police Station, Beri, mentioning that Wazir was sent to the M.C.H., Rohtak. Dr. C.R.Khatri PW2 has stated, that on 1.8.1993 Wazir was brought dead to the hospital. He was accompanied by Dhan Singh and Jit Ram. He sent ruqa Ex.PD to the Police Post, M.C.H. Rohtak at 1.25 p.m. The Investigating Officer ASI Mam Chand PW8 has stated, that he was posted at Police Station Beri on 1.8.1993. Constable Hari Krishan gave him a ruqa informing him that Wazir had been admitted in M.C.H., Rohtak. He went to M.C.H., Rohtak, where he met Satyawan PW6 and he recorded his statement Ex.PL at 4.30 p.m. On the basis of this statement, FIR Ex.PL/2 was recorded on 1.8.1993 at 6.40 p.m. The distance between M.C.H., Rohtak and Police Station, Beri is 30-35 K.Ms. The special report reached JMIC, Jhajjar at 8.30 p.m. The distance between Police Station, Beri and Jhajjar is 12 K.Ms. It is clear that the Investigating Officer ASI Mam Chand PW8 had first come to M.C.H., Rohtak. After recording the statement Ex.PL of Satyawan PW8, he sent the ruqa to Police Station, Beri and thereafter, the special report was sent. - 9 - Criminal Appeal No. 682-DB of 1997 The distance between Police Station, Beri and the Civil Hospital was 40- 50 yards, but there is no need to take this into consideration, as the Investigating Officer did not come to Civil Hospital, Beri, but went to M.C.H., Rohtak on receiving the ruqa. There is no delay in lodging of the FIR. The delay of 9½ hours has been adequately explained by the prosecution. Satyawan PW6 and Munni PW7 are natural witnesses. Satyawan PW6 is the first cousin brother of deceased Wazir. The injuries on the person of Satyawan PW6 are not superfluous injuries. Injuries No. 1 and 2 being on the skull. Satyawan PW6 was examined by Dr. Virender Kumar Jain PW1 on 1.8.1993 at 8.15 p.m. Injury No.1 is a lacerated wound on the scalp. Injury No.2 is a lacerated wound again on the scalp next to the pinna. Injury No.3 is an abrasion on the right arm. Injuries No.1 and 2 could not have been self-suffered. Satyawan PW6 is a stamped witness. He being examined on 1.8.1993 at 8.15 p.m., was for the sole reason that he was trying to first save the life of Wazir and had gone to M.C.H., Rohtak. Munni PW7 is the sister of Wazir deceased. Her presence in the house is most natural. It has come in evidence, that her husband was in the army and she spent some time with her in-laws and some time with her parents. Whether she was 20-25 years old or she was 45 years does not make any difference to the prosecution case. A woman aged 45 years is not an old woman, but a middle-aged woman. She has spelt out the motive for the commission of the offence. Appellant Ranjit Singh came and stood naked in front of her. She did not tell this incident - 10 - Criminal Appeal No. 682-DB of 1997 to anyone, which had occurred at 9.00 a.m., but when her brother came at 11.00 a.m., she narrated the incident. It was natural for her to first inform her brother. The story built up by the defence that Satyawan PW6 had gone to the jail to meet appellant Ranjit Singh, telling him that he had been forced to become a witness does not inspire confidence. Raj Singh, Warden DW1, who brought the register, has shown the name of Satyawan in it, but he could not state as to whether it is Satyawan PW6 or some other person, impersonating himself as Satyawan PW6, come to the jail. Raj Singh DW2 has stated, that he had intervened to save Dhani and Wazir had given him a jaili blow on his head. Raj Singh DW2 and Wazir had grappled with each other. He has also stated, that Wazir had inflicted injuries on the person of Dhani. No medico legal report has been placed on record, nor any doctor was produced qua the injuries on the person of Raj Singh DW2 and Dhani. The defence witnesses are not truthful and have tried to build up a false case to demolish the prosecution case, which they have not been successful in doing so. We do not find any reason to interfere with the conviction and sentence of appellant Ranjit Singh son of Kamal. Appellant Sher Singh son of Bihari Lal has been convicted under Section 452/323 IPC. His conviction shall stay intact. Since he had not given any grievous injury on the person of Satyawan PW6, nor had given any injury to the deceased, we reduce his sentence to that already undergone. - 11 - Criminal Appeal No. 682-DB of 1997 With the above modification in sentence of appellant Sher Singh son of Bihari Lal, appeal of Ranjit Singh and Sher Singh is dismissed. (MEHTAB S.GILL) JUDGE (ARVIND KUMAR) February 14, 2007 JUDGE SKA WHETHER TO BE REFERRED TO REPORTER? YES/NO - 12 -