Crl.Appeal No.591-DB of 2001 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Appeal No.591-DB of 2001 Date of Decision:- 13.09.2010 Ram Sarup @ Chhipa ....Applicant-appellant vs. The State of Haryana ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Gorakh Nath, Advocate, for the appellant. Mr.S.S.Randhawa, Addl.A.G., Haryana, for the respondents. *** Augustine George Masih, J. Appellant Ram Sarup @ Chhipa was married to Tulsan daughter of complainant-Jogi Nath about 20 years prior to the date of occurrence. One male and one female child were born out of the wedlock. About 8 to 10 years before Tulsan along with her children was turned out of the house after being given beatings by appellant-Ram Sarup. She along with her children started residing with her father Jogi Nath at Dhani Babanpur. Rajender, brother of appellant-Ram Sarup, was also residing at Dhani Babanpur. Appellant-Ram Sarup visited his brother Rajender at Dhani Babanpur and on each visit, repeatedly threatened his wife Tulsan that the children be sent along with him otherwise it would result in dire consequences. This request was not acceded to by his Crl.Appeal No.591-DB of 2001 -2- wife Tulsan and even the children themselves. The appellant then asked complainant-Jogi Nath to turn them out of their house which, the complainant could not do being the father of Tulsan and this caused annoyance to the appellant. On 24.4.1998, at about 2:00 P.M. Jogi Nath-complainant, his wife Teejan, son Nihal Singh and son of the appellant Kala were taking tea at their house. Tulsan had gone to do labour in the fields. Appellant Ram Sarup along with his brother Rajender came to the house of the complainant. Ram Sarup was armed with a sword in his hand. Rajender exhorted that they be taught a lesson for helping Tulsan-wife of the appellant. Immediately thereafter, appellant Ram Sarup gave a sword blow on the head of Teejan wife of the complainant thereby causing injuries on her head and on hand when she raised her hand to ward off the sword blow. Appellant-Ram Sarup then attacked Kala his son with an intention to kill him and cut off both his clavicles. When the complainant tried to intervene, appellant also caused injuries to him on his left hand due to which his two fingers got cut. He also suffered injury on the elbow of his right hand. When Nihal Singh son of the complainant raised an alarm the appellant threw his sword at the spot and ran away along with his brother Rajender. After hearing the alarm, the neighbourers assembled. Teejan wife of the complainant succumbed to her injuries at the spot while complainant and his grand son Kala were taken to Civil Hospital, Ratia in a jeep which was arranged, where Kala was referred to General Hospital, Fatehabad, keeping in view the serious injuries sustained by him. Statement of the complainant Jogi Nath Exh.PM was recorded at CHC Ratia at 6:40 PM on the basis of which formal FIR Exh.PM/1 came to be registered. Crl.Appeal No.591-DB of 2001 -3- Appellant-Ram Sarup @ Chhipa and his brother Rajender were put to trial and on conclusion of the same, the appellant was convicted and sentenced under Sections 302, 307, 326 & 449 IPC whereas the co-accused i.e. his brother Rajender was convicted and sentenced under Section 326 read with Section 34 and Section 452 IPC by the learned Additional Sessions Judge, Fatehabad. No appeal has been preferred by Rajender and the present appeal has been preferred only by Ram Sarup against his conviction and sentence. Counsel for the appellant has contended that there was no strong motive for causing any injury to Teejan, mother-in-law of the appellant, or his own son Kala as also his father-in-law Jogi Nath- complainant. His grouse, if any, was against his wife Tulsan, who had left his house along with the children. It is not the allegation against the appellant that he was under the influence of any intoxicant. The appellant has been falsely implicated in the case because of a grudge which the complainant Jogi Nath was nursing against Ramji Lal (father-in-law of the brother of the appellant Rajender) as they are not on visiting terms with each other as it stands admitted by complainant Jogi Nath in his cross- examination that his relations with Ramji Lal were strained and they were not on visiting terms with each other. It has been submitted by the counsel that there has been improvement made by the witnesses in the Court and an effort has been made to corelate the ocular evidence with the medical evidence so brought on record. He, on this basis, contends that the appeal deserves to be allowed and the conviction and sentence imposed upon the appellant be set aside and he be acquitted of the charges. On the other hand, counsel for the respondent-State has Crl.Appeal No.591-DB of 2001 -4- vehemently argued that there was strong motive for committing the crime. It has come on record that the wife of the appellant, namely, Tulsan, along with her children was residing with her father Jogi Nath, after she was turned out of the matrimonial house by the appellant. The appellant had been, on earlier occasions also, threatening Tulsan and the complainant-Jogi Nath, who had not been sending his daughter to the matrimonial house. There is no question of false implication of the appellant as the weapon of offence i.e. the sword was recovered from the spot. There are two stamped eye-witnesses i.e. the son of the appellant Kala (PW-10) and Jogi Nath-complainant (PW-9) who had suffered injuries at the hands of the appellant. Son of the complainant Nihal Singh (PW-11) has also corroborated the statements given by these two witnesses. Improvement, if any, which has been referred to by the counsel for the appellant, by the witnesses to bring the ocular evidence in conformity with the medical evidence is minor in nature which cannot be made the basis for doubting the statements of the prosecution witnesses, especially the eye- witnesses. On the basis of the medical evidence produced on record, counsel contends that the prosecution has been able to prove the guilt of the accused beyond any reasonable doubt and accordingly, prays for dismissal of the appeal. We have heard counsel for the parties and with their able assistance, gone through the records of the case. The incident took place on 24.4.1998 at about 2:00 P.M. On that very day, statement of the complainant was recorded at CHC Ratia at 6:40 PM. The period between the occurrence and recording of the statements has been duly explained by the prosecution. The facts of the Crl.Appeal No.591-DB of 2001 -5- case show that Teejan wife of the complainant succumbed to her injuries at the spot. There was no vehicle available with the complainant and a jeep was arranged which was owned by one Gurdev Singh. In the process, some time would have been certainly consumed which has been duly explained. After the said arrangement was made, the injured were taken to the hospital and as per the MLR Exh.PF relating to Jogi Nath complainant, they reached CHC, Ratia at 4:30 PM. He was declared fit to make statement by the doctor on the same day i.e. 24.4.1998 vide opinion Exh.PH/1 and it is thereafter that the statement of Jogi Nath was recorded which was completed by 6.40 PM. FIR Exh. PM/1 was registered at 7.00 PM. The special report was sent to the Illaqa Magistrate at 8:00 PM which was received by him at 9: 30 PM on 24.4.1998. Therefore, it cannot be said that there was any delay in recording the statement of the complainant or registration of the FIR. It has also come on record that the injuries which were suffered by Kala were serious in nature and, therefore, he was immediately referred to the Civil Hospital, Fatehabad. The contention of the counsel for the appellant that there was no motive for causing injury by the appellant to his mother-in-law Teejan, or the complainant or his own son Kala, cannot be accepted for the reason that it has come in evidence that the daughter of the complainant Jogi Nath and Teejan, who was wife of the complainant, had left the house of the appellant along with her children about 8 to 10 years earlier to the incident and despite earlier efforts made by the appellant to take her back along with children, his wife Tulsan i.e. daughter of the complainant, had not agreed, due to which he had threatened them of dire consequences. Even the complainant was threatened for the reason that he had shown his inability Crl.Appeal No.591-DB of 2001 -6- to turn out Tulsan and her children from his house. All this goes to show that the appellant had nursed a grouse against the complainant and all those who were residing with him. The weapon of offence has been recovered from the spot. The prosecution had produced medical evidence both ocular, documentary and opinion of the Doctors, which proves that the sword was the weapon of offence. The injuries caused by the appellant to the deceased and two injured witnesses have been duly co-related with the ocular statement given by the witnesses with the medical evidence. The post mortem report Exh. PBB shows the following injuries on the body of the deceased Teejan: “1. There was an incised wound 15 cm x 3 cm left parietal region of scalp just above the upper part of forehead going obliquely and vertically cutting the left parietal bone. Cut hairs were present. The wound was brain deep and brain was exposed, on the interior side of the wound and was cut. Clotted blood was present in the wound and there was infiltration of blood present under the sub-cutaneous tissue. 2. An incised would just at the level of the base of the fingers on palmer aspect cutting the finger of right hand. Right ring finger was amputated. Middle and index finger were hanging. Infiltration of blood was present under the sub-cutaneous tissues.” The injuries which have been received by the son of the appellant Kala are as follows:- “1. 12 cm x 3 cm incised would muscle deep on right Crl.Appeal No.591-DB of 2001 -7- shoulder. Fresh bleeding present. Advised X-ray right shoulder, AP and lateral. 2. 15 cm x 4 cm muscle deep incised would on right clavicular area running vertically, clavical cut through and through. Fresh bleeding present. Advised X-ray chest PA. 3. 10 CM x 4 cm muscle deep incised would around left side of neck. Fresh bleeding present. 4. 6 cm x 3 cm incised wound on lateral side of left arm at lower 1/3rd . Fresh bleeding present. Advised X- ray left arm. 5. 6 cm x 4 cm swelling on left fore-arm at lower 1/3rd part on dorsal aspect. Advised X-ray left fore-arm, AP and lateral.” The injuries which have been found on the person of complainant Jogi Nath are- (1) Incised wound 3 cm x 1.5 cm x bone deep on the proximal phalnax of left little finger was present. Margins of the wound were regular. Fresh blood was oozing. Advised X-ray left hand. (2) Incised wound 5 cm x 2 cm x bone deep was present on the proximal phalyax of left ring finger. Margins of the wound were regular. Fresh blood was oozing. Advised X-ray left hand. (3) Abrasions 0.5 x 1 cm., 2 cm x 0.2 cm were present on the dorsal aspect of the right hand. Clotted blood was present. All these injuries have been duly supported by the ocular evidence of the prosecution. As per the opinion of the doctor, the injuries on the person of Smt.Teejan were sufficient to cause death in the ordinary Crl.Appeal No.591-DB of 2001 -8- course of nature. Injuries No.1 and 2 on the person of Kala were declared grievous while injuries No.2 and 3 were dangerous to life. Injuries No.1 and 2 on the person of the complainant Jogi Nath were declared as grievous in nature. All this shows the extent and nature of the injuries sustained by the persons who were attacked by the appellant. Minor discrepancies which had crept in or some addition having been done to bring the ocular version in total conformity with the medical evidence, would not affect the credibility thereof unless the discrepancies are so vital as to create doubt with regard to the offence having been committed by the appellant. The corroboration of evidence cannot be expected in a criminal case, to be in mathematical form. Different persons react differently under different situations. The factors viz. the place where the person is standing and watching the incident and the distance also play a vital role which could lead to minor variations. The evidence has to be considered from the view point of trustworthiness and if this element is satisfied, it ought to inspire confidence in the mind of the Court. As observed above, in the present case ocular evidence has been duly corroborated by the medical evidence which has been produced by the prosecution. Nothing could be pointed out by the counsel for the appellant which would point towards false implication of the appellant in the case. No dent could be created by the defence in the cross-examination of the prosecution witnesses, especially the eye-witnesses. Merely because there is some improvement made in the statements by the eye-witnesses, is no ground to disbelieve the consistent version of the prosecution witnesses regarding the factum of occurrence. The presence of the two witnesses, namely, Jogi Nath complainant and Kala Ram PW-9 and PW-10 Crl.Appeal No.591-DB of 2001 -9- respectively, cannot be doubted with as they are the injured witnesses. Their statements have been duly corroborated and supported by the evidence of Nihal Singh PW-11, who is also an eye witness. All this rules out false implication of the appellant as has been argued by his counsel. The prosecution has proved the guilt against the appellant for the offences beyond doubt. The appellant-accused has, thus, been rightly convicted and sentenced by the trial Court. We do not find any merit in the present appeal and accordingly dismiss the same. The bail bonds of the Appellant stands cancelled. He is directed to surrender forthwith. ( Satish Kumar Mittal ) ( Augustine George Masih ) Judge Judge September 13, 2010 poonam