Crl. Appeal No. 94 DB of 2001 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Appeal No. 94 DB of 2001 Date of decision: September 11, 2008 Kulwinder Singh ...Appellant Versus State of Punjab ...Respondent CORAM:- HON'BLE MR. JUSTICE K.S. GAREWAL HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Ms. Monica Jalota, Advocate, for the appellant. Ms. Gurveen Singh, Additional Advocate General, Punjab. K.S.GAREWAL, J. Kulwinder Singh (30), a truck driver of Mansa, and his wife Virpal Kaur (28), a factory worker, lived in Mansa with their two children aged 5 and 3. On the morning of July 8, 1999 at 7.30 AM Virpal Kaur was repeatedly stabbed by Kulwinder Singh on the face, chest, and left thigh. There was also an abrasion on the abdomen. She died on the spot. Kulwinder Singh was tried by the learned Additional Sessions Judge, Mansa, found guilty under Section 302 IPC for the murder of Virpal Kaur, vide judgment dated October 31, 2000 and sentenced to imprisonment for life. There was also sentence of fine. Virpal Kaur was the daughter of Baldev Singh and Lajwanti, Crl. Appeal No. 94 DB of 2001 2 who were originally from Beeruwala Chhotagura, District Sirsa, Haryana but the family had settled in Mansa about 15 years earlier. Virpal Kaur had two sisters Pinki and Haddu and brother Happy Kumar (PW-2). Kulwinder Singh and Virpal Kaur lived in the same lane as that of her parents, their houses were at a short distance from each other. Kulwinder Singh and Virpal Kaur were tenants in premises owned by Jang Singh. Kulwinder Singh was a truck driver who had served sentence under Section 304A IPC, he had been released on bail only 10 days before the occurrence. After release on bail, Kulwinder Singh was without work and he would quarrel with his wife. He was also demanding money from her parents. On July 8, 1999 at 6 AM Virpal Kaur came to her parents house where her parents, Happy Kumar (PW-2) and cousin Makhan Singh (PW-3) were present. She told them that her husband was fighting with her and was asking her to bring money as he was out of a job. Thereupon Virpal Kaur, her parents, Happy Kumar (PW-2) and Makhan Singh (PW-3) returned to Virpal Kaur's house in order to pacify Kulwinder Singh. When Kulwinder Singh was asked why he fought with his wife during the previous night, he did not give any reply but asked his wife to come inside the room as he wanted to speak to her. Virpal Kaur went inside the room, Kulwinder Singh bolted the door from inside. He asked Virpal Kaur as to why she had brought her family to the house and that he would finish the matter for all the times. Thereafter, Kulwinder Singh repeatedly stabbed Virpal Kaur. When she started screaming, members of her family, who were present outside, pushed the door open and went inside the room. They saw that Virpal Kaur had been stabbed on the head and thigh with a dagger. In their presence Kulwinder Singh also stabbed Virpal Kaur on the chest. Virpal Crl. Appeal No. 94 DB of 2001 3 Kaur fell down and died. Happy Kumar tried to stop Kulwinder Singh but in the process he received injuries on his hands. Kulwinder Singh escaped but while escaping his dagger fell on the ground. The case was reported to the police by Happy Kumar. His statement was recorded at the Police Station, City Mansa, at 8.30 AM and the case was registered under Section 302 IPC by SI Hardavinder Singh (PW-4), SHO Police Station, City, Mansa. Investigation was taken in right earnest by the Investigator who proceeded to the spot and inspected the dead body of Virpal Kaur. Lajwant and Pinky, mother and sister of the deceased were present there. The inquest report of the body was prepared. Thereafter, it was sent for post- mortem examination. The post-mortem was conducted at Civil Hospital, Mansa, on the same day at 1 PM by Dr. Gurcharan Singh (PW-1). The Medical Officer found the following injuries on the person of the deceased. 1. 2 cm long ½ cm wide incised wound present on the left eye brow. Bone deep. Clotted blood was present around the wound. 2. 4 cm long 1 cm wide bone deep incised wound on right side of forehead. Clotted blood was present around the wound. 3. 1.5 cm long ½ cm wide 3 cm deep incised wound was present in the right breast. Clotted blood was present around the wound. 4. 2 cm long ½ cm wide penetrating wound was present on the 5th intercostal space just under the left breast on probing the wound it was found that it goes through the Crl. Appeal No. 94 DB of 2001 4 5th intercostal space and goes through the apex of heart, injuring the pericardial and further penetrate the left ventricle left ventricle was found empty and left side of chest was full with blood and clots. Around two and half litre of blood drained from the left side of chest. 5. 1 cm long 1 cm deep incised wound 5 cm below the left breast. 6. 4 cm long linear reddish abrasion on the abdomen near umblicus. 7. 2 cm long ½ wide 3 cm deep incised wound on the outer aspect of left thigh near knee joint. Clotted blood was present around the wound.” In the opinion of the Medial Officer death was due to shock and haemorrahage because of injury 4. Under this injury the heart had got punctured and pericardium was injured. Furthermore, the Medical Officer was of the opinion that death had been immediate, and the time that lapsed between death and post-mortem was about 12 hours. Later the same day at 2.30 Dr. Gurdarshan Singh had medico- legally examined Happy Kumar (PW-2) and found the following injuries on his person:- 1. Conscious B ¼ 20/80 pulse 75 pm. 2 cm x 6 cm reddish abraded area on the left forearm near wrist joint. 2. 8 cm long linear abrasion red in colour on the other side of left forearm near wrist joint. 3. Multiple six in number linear reddish abrasion on the inner side of right forearm near wrist joint.” Crl. Appeal No. 94 DB of 2001 5 All the injuries were simple in nature and their duration was between 2 to 12 hours. While conducting investigation at the spot SI Hardavinder Singh (PW-4) picked up a blood stained chuni of the deceased. The dagger left behind at the spot was also taken into possession. A rough site plan was prepared. Statements of witnesses were recorded. Kulwinder Singh was arrested on the following day. After completion of the investigation Kulwinder Singh was sent up for trial. At the trial, charge was framed against the accused under Section 302 IPC (for murder of Virpal Kaur) and under Section 323 IPC (for causing simple hurt to Happy Kumar). In his statement without oath under Section 313 Cr.P.C, the accused admitted that he was married to Virpal Kaur and they lived in Jang Singh's house at Mansa but had denied all the items of incriminating evidence against him. In his counter-story Kulwinder Singh stated as follows:- “I was in jail in the accident case for about 13 months. During that period my wife joined service in Spinning Mill and while in that service she developed illicit relations with Const. Kulwant Singh of Gunda Staff and nephew (Bhanja) of Pal Hotel Wala. I had complained about this fact, to Happy Kumar, and parents of my wife. They were sore over the same. On the day of occurrence Happy Kumar came to my house to tell her to desist from continuing relationship with Kulwant Singh and nephew of Pal Hotel Wala. There was a scuffle between my wife and Happy Kumar in the house of Jang Singh and Happy Kumar in that struggle caused the death of Virpal Kaur. He in Crl. Appeal No. 94 DB of 2001 6 collaboration with Kulwant Singh Constable, police, people and one of my relations Joginder Singh Inspector Markfed implicated me in this false case. My parents were killed by the terrorists. Joginder Singh misappropriated the amount received as compensation from Govt. I have no brother or other relations.” The learned Trial Judge came to the conclusion that the prosecution has proved its case against the accused beyond reasonable doubt and convicted him under Section 302 IPC. We have gone through the record of the case with the help of the learned counsel, appearing amicus curiae on behalf of the appellant. We find that the statements of the two eye witnesses Happy Kumar (PW-2) and Makhan Singh (PW-3) are quite consistent with each other and are fully corroborated by the medical evidence. The presence of the eye witnesses at the spot cannot be disputed. The deceased had a quarrel with her husband during the previous night. Early in the morning she had gone to her parent's home to inform them as to what had happened. The parents of the deceased lived at a short distance from her home in the same lane, therefore, she did not have to travel a long distance. Her parents, brother Happy Kumar (PW- 2) and cousin Makhan Singh (PW-3) accompanied her to her home, where they tried to pacify Kulwinder Singh when the occurrence took place. It is true that the initial stabbing of the deceased by Kulwinder Singh had occurred inside the room, whose door was bolted from inside but when the deceased started screaming, her family members had pushed the door open. They themselves saw Kulwinder Singh stabbing his wife on the chest. The medical evidence reveals that the deceased had seven injuries Crl. Appeal No. 94 DB of 2001 7 which included three on the chest and one in the abdomen. Injury 4 was just under the left breast and the wound extended through the 5th intercostal space to the apex of the heart. The wound injured the pericardiam and penetrated the left ventricle. This was the fatal injury. It was natural for Happy Kumar to wage a struggle to stop Kulwinder Singh from escaping. He did this with courage and even managed to make Kulwinder Singh dropped the blood stained dagger. However, Kulwinder Singh escaped although Happy Kumar suffered an abrasion measuring 2cm x 6 cm on the left forearm near wrist, another abrasion 3 cm long on the other side of left forearm near wrist and a third linear abrasion on the inner side of right forearm near wrist. The location and the dimensions of these abrasions show that they were received during a scuffle. Evidence of the Medical Officer is also that these injuries were possible if there was a scuffle between the injured and assailant. The eye witness account of an injured witness gets fully corroborated from the medical evidence. There is no inconsistency at all and the medical evidence proves that the deceased had indeed been stabbed repeatedly six times. The matter was reported to the police without delay. This confirms that the complainant had given a truthful version of the case and had not indulged in embellishments or exaggerations. The investigation had been fair and impartial. The weapon of offence had also been recovered from the spot. The learned counsel for the appellant argued that the accused had acted under grave and sudden provocation when his wife's family barged into his house in the morning, demanding for an explanation for his Crl. Appeal No. 94 DB of 2001 8 behaviour. The accused had got provoked, picked up a dagger and stabbed his wife. We do not think that this is a case in which Exception 1 under Section 300 IPC would apply or a case where there is even a remote possibility of the presence of any grave or sudden provocation. The couple had a quarrel, the wife sought her family's protection which was natural and when she brought her family into the house, the accused stabbed her to death. This was a clear case of murder punishable under Section 302 IPC. We find no reason to differ with the view taken by the learned Additional Sessions Judge, Mansa. The appeal is without merit. Dismissed. (K.S. GAREWAL) JUDGE September 11, 2008 (JITENDRA CHAUHAN) prem JUDGE Whether refer to Report Yes