Crl. Appeal No. 146-DB of 2002 1 .. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Appeal No. 146-DB of 2002 (O&M) Date of Decision : 17.08.2010. Jaswinder Singh ...... Appellant Versus The State of Punjab .... Respondent CORAM : HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON`BLE MR. JUSTICE NAWAB SINGH. Present:- Mr. S.S.Siao, Advocate, for the appellant. Mr. A.S.Grewal, Addl. A.G. Punjab, for the respondent-State. NAWAB SINGH, J. Jaswinder Singh, accused-appellant, was tried by Additional Sessions Judge, Muktsar, for offence punishable under Section 302 of Indian Penal Code (for short 'the IPC'). He was convicted thereunder and sentenced to undergo imprisonment for life and to pay fine of Rs.5000/-. In default of payment of fine, he was directed to undergo further rigorous imprisonment for a period of two years, by judgment of conviction and order of sentence dated December 15 th, 2001. 2. The prosecution story is that on July 23 rd, 1998, Joginder Singh (PW-3) - eye-witness – author of First Information Report, his wife, brother Sukhmander Singh (deceased), brother's wife Amarjit Kaur (PW-4), Amarjit Kaur's sister – Sarabjit Kaur wife of Jaswinder Singh, accused-appellant and his children and father Mukhtiar Singh were sleeping in the courtyard of their house. At about 1.00 AM, there was some sound, Joginder Singh woke-up, saw Jaswinder Singh, accused-appellant (hereinafter referred to as Crl. Appeal No. 146-DB of 2002 2 .. “the accused”), armed with a kapa standing on the side of head of Sukhmander Singh (hereinafter referred to as “the deceased”) and caused a blow with the kapa on the head of his brother. He raised an alarm. The other family members also woke-up. The accused fled away from the spot. He was chased by Joginder Singh, but could not be captured. Pritam Singh (PW-5), uncle of the deceased also reached the spot. The deceased was immediately brought to Civil Hospital, Muktsar, where he was declared dead. 3. The motive behind the occurrence was that there was a matrimonial dispute between the accused and his wife – Sarabjit Kaur, (deceased's wife's sister). She was residing at her sister's house. The accused suspected that his wife had illicit relations with the deceased. 4. Dr. Madan Gopal Sharma, (PW-1), Medical Officer, Civil Hospital, Muktsar sent the information (Exhibit PA) to the Station House Officer, Police Station, Sadar, Mukatsar regarding the death of the deceased. On receipt of information (Exhibit PA), Gurcharan Singh, Station House Officer – Investigator (PW-10) reached the hospital and recorded statement (Exhibit PE) of Joginder Singh (PW- 3). He appended his endorsement (Exhibit PE/1). First Information Report (Exhibit PE/2) was recorded. Investigator reached the spot. Inquest proceedings (Exhibit PD) were conducted. Site map (Exhibit PN) was prepared. Carpet, blood stained pillow and earth were taken into possession vide recovery memorandums (Exhibit PF and PG). 5. Autopsy was conducted by Dr. Rakesh Goel (PW-2), and the following injuries were found on the person of the deceased :- “1. An incised wound 30 cm in length spondle shaped with maximum width 2 cm. It extended from a point on left side of scalp 5 cm. from midline and 18 cm. from left eyebrow. Going medially and forwards upto middle of both eyebrows and then on right side of the face over right cheek upto a point 4 c.m. from Crl. Appeal No. 146-DB of 2002 3 .. the lower border of mandible rams on right at tits middle. On dissection under lying left parietal, frontal bone right nasal bone and right maxillary bone clearly cut in the same direction as of wound. On further dissection all the layers of brain and brain was having incised wound infrontal area upto 4 cm. deep. Blood clots present in the wound and cranial cavity. 2. An abrasion 3x2 cm over right shoulder area 3 c.m. medial to the tip. 3. An incised wound 4x2 cm and 1 cm deep infront of right upper arm at its middle. Blood clots seen in it. 4. Linear abrasion 3 into 0.25cm on back of right scapular region 10 cm below right shoulder. Touching mid line medially going horizontally upto the right upper arm on its back 10 cm. from its upper border.” The cause of death was opined to be cardio-respiratory arrest as a result of haemorrhage and neurogenic shock on account of head injury, which was sufficient to cause death in the ordinary course of nature. Dr. Rakesh Goel (PW-2) further opined that injury No.1 could be caused with the kapa (Exhibit P1). Injury No. 3 could also be possible by the chip of kapa. Injury Nos. 2 and 4 could be as a result of evacuating the deceased in a vehicle. He also proved Post Mortem Examination Report (Exhibit PB). 6. On August 5 th, 1998, the accused was arrested. He was interrogated. He made disclosure statement (Exhibit PH) that he had kept concealed the kapa under the lemon tree in the cotton-fields of his father in law – Sukhdev Singh in village Khokher and could get the same recovered. In pursuance thereto, the kapa was got recovered by the accused and the same was taken into possession vide seizure memorandum (Exhibit PH/2). The sketch (Exhibit PH/1) of kapa was also prepared. Crl. Appeal No. 146-DB of 2002 4 .. 7. After completion of investigation and other formalities, the accused was arraigned for trial. 8. The accused was charged under Section 302 IPC. He pleaded not guilty and claimed to be tried. 9. Trial ensued. In support of its case, prosecution examined twelve witnesses. 10. The accused-appellant was examined under Section 313 of the Code of Criminal Procedure, to explain the incriminating circumstances appearing in the prosecution evidence. He denied his complicity and pleaded innocence. 11. Learned counsel heard and record over the file perused. 12. The eye-witness account has been rendered by Joginder Singh (PW-3) and Amarjit Kaur (PW-4), brother and wife of the deceased respectively. They have given a vivid narration of the occurrence as mentioned in paragraph 2 of this judgment while narrating the facts. The presence of both these witnesses on the spot cannot be doubted at all. They were sleeping in the courtyard of their house along with other family members, including the deceased and wife of the accused. It has come in the statement of Joginder Singh (PW-3) that accused was suspicious of his wife's illegitimate relationship with the deceased. That was the cause or the motive for the murder. Joginder Singh also chased him but he could not be apprehended. These witnesses were cross-examined at length but no flaw could be pointed out in their testimony by the learned counsel for the appellant which could shake the basic version of the eye witnesses. Their statements made before the Court make cogent reading and it does not appear to be a product of falsehood. The statements of these witnesses have been corroborated fully by the medical evidence comprised in the statement of Dr. Rakesh Goel (PW-2) who has opined that injury on the head of the deceased could be caused with kapa (Exhibit P1) and the deceased died due to head injury. 13. Besides the aforesaid evidence, the recovery of kapa Crl. Appeal No. 146-DB of 2002 5 .. (Exhibit P1) at the instance of the accused has been proved by Bhalwinder Singh (PW-6) and Gurcharan Singh (PW-10), which also binds the accused to the crime a little clear. With this overwhelming evidence on record including the ocular and medical evidence, this Court is of the opinion that the trial Judge was right in holding that the evidence of the witnesses was creditworthy which unerringly pointed to the conclusion that within all human probability, the murder of Sukhmander Singh was committed by the accused and none else. Thus, this Court upholds the conviction and sentence of Jaswinder Singh, accused-appellant and dismisses his appeal. 14. Jaswinder Singh, accused-appellant was released on bail by this Court during the pendency of the appeal. His bail/surety bonds are cancelled. He be arrested and sent to jail to undergo the remaining part of sentence. Learned trial Judge is directed to comply with this order forthwith under intimation to this Court. (ASHUTOSH MOHUNTA) (NAWAB SINGH) JUDGE JUDGE 17.8.2010 som Whether refer to the Reporter : Yes