Criminal Appeal No.216-DB of 2000 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Sham Singh APPELLANT VERSUS State of Punjab RESPONDENT CORAM : HON'BLE MR.JUSTICE MEHTAB S.GILL HON'BLE JUSTICE (MRS.) DAYA CHAUDHARY Present:- Shri S.S.Joshi, Advocate for the appellant. Shri S.S.Gill, Additional A.G. Punjab. MEHTAB S.GILL, J. This is an appeal against the judgment/order dated 12.10.1999 of the learned Additional Sessions Judge, Mansa whereby he convicted Sham Singh son of Jangir Singh under Section 302 I.P.C. and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1000/-, in default, to further undergo RI for one month. The case of the prosecution is unfolded by the statement of Rajni Ex.PE. Rajni stated that she has one sister and two brothers. She is the eldest. On 27.2.1996 at about 11.30 a.m. She and her aunt (Mausi) Gian Kaur wife of Raj Criminal Appeal No.216-DB of 2000 -2- Singh tailor master, were sitting in the courtyard and talking. Her younger brother was residing with her maternal parents and her other brother and sister had gone to school. Rajni's mother Darshana alias Bholi was in the kitchen. Her father Sham Singh who was drinking liquor since morning, started abusing her mother. He then caught hold of her mother from the hair and took her inside forcibly and bolted the door from inside. Rajni and Gian Kaur knocked at the door, but Sham Singh her father did not open it. They heard Sham Singh telling Darshana that he would teach her a lesson as her character was bad and would now kill her. The window of the room which had an iron grill, was open. Rajni and Gian Kaur shouted to Sham Singh to open the door, but he did not do so. In their sight, Sham Singh picked up a scissor from the television and after pushing her mother on her knees, her father inflicted scissors blows from the sharp side in the abdomen of her mother. Both Rajni and Gian Kaur raised an alarm. Thereafter Sham Singh inflicted injuries on his own abdomen. Rajni and Gian Kaur then pushed the door open. Sham Singh came out in the courtyard and fell down. Thereafter they arranged for a tractor trolly from their neighbour Mukand Singh and removed both Darshana and Sham Singh to the Civil Hospital. Darshana mother of Rajni died on the way. On the basis of this statement F.I.R. Ex.PE/2 was recorded on 27.2.1996 at 5 p.m. and the special report reached the J.M.I.C., Mansa on the same day at 6 p.m. The prosecution to prove its case, brought into the witness-box Dr.S.P.Bansal PW-1, Ashok Kumar Gupta PW-2, Constable Charan Singh PW-3, Rajni PW-4, Gian Kaur PW-5, HC Chanan Singh PW-6, Amolak Singh PW-7 and Constable Gurmit Singh PW-8. In defence Mukand Singh was examined as DW-1 and Dr.Arun Kumar Sharma as DW-2. Criminal Appeal No.216-DB of 2000 -3- Learned counsel for the appellant has argued that Sham Singh was attacked by Darshana alias Bholi his wife with a kitchen knife and it is in self defence that he inflicted injuries on the person of Darshana to save himself. Appellant had 11 injuries on his person, while Darshana had four injuries. Rajni PW-4 and Gian Kaur PW-5 did not witness the occurrence. There was no reason for Gian Kaur PW-5 sister of Rajni who was married in another Village Kotwala Tibia, to have come on the day of occurrence. Dr.Arun Kumar Sharma DW-2 has proved the injuries on the person of appellant Sham Singh. Learned counsel for the State has argued that lodging of F.I.R. is prompt and the special report also reached the J.M.I.C., Mansa within 6-1/2 hours of the occurrence. The occurrence has been described in detail. Appellant was under the influence of liquor, as also stated by Dr.Arun Kumar DW-2 and it is under the influence of liquor that he inflicted injuries on the person of the deceased. On seeing that Rajni PW-4 and Gian Kaur PW-5 have witnessed the occurrence, appellant tried to make it a case of self-defence by inflicting injuries on his person. We have heard the learned counsel for the parties and perused the record with their assistance. Appellant has taken a specific stand in his statement under Section 313 Cr.P.C. as under :- “I am innocent. Both the alleged eye-witnesses Rajni and Gian Kaur were not present. My wife Darshana gave 8-10 blows with knife in my chest and stomach and to save myself in self defence I caused injuries to Darshana my wife. I was brought only by Mukand Singh to C.H. Mansa where I was admitted. Inspector Amolak Singh did not write my statement inspite of my request as he was helping Rajni and Gian Kaur etc.” Criminal Appeal No.216-DB of 2000 -4- In his statement appellant has confessed that he inflicted injuries in self defence on Darshana deceased after Darshana gave him 8-10 blows with a knife in the chest and stomach. Going through the statements of Rajni PW-4 and Gian Kaur PW-5, the eye-witnesses to the occurrence the stand taken by the appellant does not seem to be correct. Both Rajni PW-4 and Gian Kaur PW-5 have stated that after picking up a scissor, the appellant inflicted injuries in the abdomen of the deceased. This has been corroborated by the statement of Dr.S.P.Bansal PW-1 who prepared the post-mortem report of deceased Darshana alias Bholi wherein he found 27 incised stab wounds on the person of the deceased. The injuries are as under :- (1) There were 27 incised stab wounds on the epigastrial region and lower part of chest on its anterior aspect of varying sizes varying from 2 cm x 1 cm to 1 cm x 1 cm. Clotted blood was present. Corresponding cuts were present in the shirt. On dissection of the abdominal injury, some wounds were communicating with the chest and abdominal cavity. Blood was present in chest and abdominal cavity. There was one incised wound on the lower part of the left ventricle of heart and pericardial and heart was empty. One incised cut in the lower lobe of left lung. Multiple incised cuts were present on the omentum and left lobe of lever. One cut was present on the spleen and four cuts in the stomach. Stomach contents were present in the abdominal cavity along with blood. Uterus was healthy and empty. (2) Abrasion 1 cm x ½ m on the lateral aspect of proximal phalanx of left index finger. Clotted blood was present. (3) Reddish contusion 4 cm x 3 cm on the chin. (4) Reddish contusion 5 cm x 2 cm on left side of cheek. On dissection Criminal Appeal No.216-DB of 2000 -5- of injuries No.2,3 and 4 there was no bone injury. Injuries on the person of appellant Sham Singh as per the report given by Dr.Arun Kumar Sharma DW-2 are as under :- “Eleven incised wounds in the epigestric region, varying in size from 2 cm x 1 cm to 1 cm x .5 cm. Depth was not proved and was kept under surgical opinion. Fresh bleeding was present. Corresponding cuts were present in the shirt and sweater, which were sealed and handed over to the police.” Rajni PW-4 and Gian Kaur PW-5 are the eye-witnesses to the occurrence, but they have hidden this aspect from the Court that deceased Darshana inflicted injuries on the person of the appellant. What had happened at that moment of time, was that appellant Sham Singh being intoxicated as shown in the report given by Dr.Arun Kumar Sharma DW-2, he quarreled with deceased Darshana alias Bholi. Thereafter both inflicted injuries on each other. Darshana was working in the kitchen. She picked up a knife and attached him, whereas appellant Sham Singh also picked up a pair of scissor and attacked Darshana. It is a case of the appellant exceeding his right of self defence, as he gave no less than 27 incised wound injuries. Though the F.I.R. Ex.PE/2 is prompt, but we have no hesitation in coming to the conclusion that appellant Sham Singh should be convicted under Section 304 Part-I (I.P.C.) and not under Section 302 I.P.C. With the above modification in conviction, appellant is sentenced to undergo RI for 10 years. If the appellant has undergone his sentence, he be set free forthwith and if the appellant has not undergone his sentence, then he is directed to surrender before the C.J.M., Mansa. Criminal Appeal No.216-DB of 2000 -6- With the above modification in conviction and sentence, appeal is dismissed. ( MEHTAB S.GILL ) JUDGE ( DAYA CHAUDHARY ) April 1, 2009 JUDGE GD WHETHER TO BE REFERRED TO REPORTER? YES/NO