Criminal Appeal No.99-DB of 2000 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Makhan Singh APPELLANT VERSUS State of Punjab RESPONDENT CORAM : HON'BLE MR.JUSTICE MEHTAB S.GILL HON'BLE MR.JUSTICE L.N.MITTAL Present:- Shri A.P.S.Deol, Advocate with Shri Devinder Bir Singh, Advocate for the appellant. Shri Satinder Singh Gill, Additional A.G. Punjab. MEHTAB S.GILL, J. This is an appeal against the judgment/order dated 20.1.2000 of the learned Additional Sessions Judge, Mansa whereby he convicted Makhan Singh son of Jagroop 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 Balwinder Singh Ex.PE given to SI Jarnail Singh in the house of the deceased. Balwinder Singh stated that he has another brother namely Raja Singh. He has two Criminal Appeal No.99-DB of 2000 -2- sisters. His elder sister is married to Nachattar Singh and his younger sister Balbir Kaur is married with Lachhman Singh. He along with his mother Tej Kaur is residing in Talwandi Sabo. He does the work of agriculture in the Gurudwara Sahib of Talwandi Sabo. On 31.7.1998 he along with his mother Tej Kaur and brother-in-law Nachattar Singh came to Mansa Mandi to take his brother Raja Singh to their house. Raja Singh was residing with Harpal Kaur widow of Jagroop Singh in a rented house of Mukhtiar Singh tailor in Burfwali Gali, Mansa. At about 8 p.m. Harpal Kaur left her house for buying medicines. Electric bulb was on in the courtyard. In the meantime, Makhan Singh son of Harpal Kaur came to the house and asked Raja Singh as to when he would leave his mother Harpal Kaur and as to why he did not go to his own house. The three of them i.e. Balwinder Singh, Tej Kaur and Nachattar Singh were talking to each other in the room to take Raja Singh back, but in the meanwhile, Makhan Singh got enraged. He picked up a Kasoli which was lying in the courtyard and gave a blow from its sharp side on the head of Raja Singh. Raja Singh who was sitting on the cot, fell on the cot. Thereafter four/five more blows were given by Makhan Singh to Raja Singh which hit him on the left side of his neck, and chest. Makhan Singh tried to run away after causing injuries, but Balwinder Singh and others caught hold of him along with Kasoli. Raja Singh due to injuries died. Someone informed the police and they came to the spot. On the basis of this statement F.I.R. Ex.PE/1 was registered on 31.7.1998 at 9.30 p.m. at Police Station City, Mansa and the special report reached the C.J.M., Mansa on the same day at 11.05 p.m. The prosecution to proves its case, brought into the witness-box HC Gurtej Singh PW-1, Dr.Ashok Kansal PW-2, Balwinder Singh PW-3, Tej Kaur PW-4, Constable Kulwant Singh PW-5 and Inspector Jarnail Singh PW-6. Learned counsel for the appellant has argued, that both eye-witnesses i.e. Balwinder Singh PW-3, the real brother of the deceased and Tej Kaur PW-4, Criminal Appeal No.99-DB of 2000 -3- the other eye-wittiness to the occurrence being the mother of the deceased are interested witnesses. In fact, both Balwinder Singh PW-3 and Tej Kaur PW-4 have not witnessed the occurrence. They have been implanted as witnesses. Both Balwinder Singh PW-3 and Tej Kaur PW-4 are residents of Talwandi Sabo. The occurrence had taken place on 31.7.1998 at 8 p.m. and that was not the time for Balwinder Singh PW-3 to take back his brother Raja Singh to Talwandi Sabo. Further, the learned counsel has argued that appellant Makhan Singh allegedly came all alone when he entered the house of Harpal Kaur and if he had attacked deceased Raja Singh in front of Balwinder Singh PW-3, Tej Kaur PW-4 and Nachattar Singh, they would have immediately intervened and overpowered him. Nachattar Singh being the husband of the sister of deceased Raja Singh, was also interested in saving the life of Raja Singh. It has come in evidence that Raja Singh was physically more strong than appellant Makhan Singh. Raja Singh could have easily overpowered Makhan Singh. A number of improvements have been made in the statements of Balwinder Singh PW-3 and Tej Kaur PW-4. In fact, on the fateful day appellant was at Village Danewala. The statements of the defence witnesses i.e. Mithu Singh DW-2 and Jagdial Singh Member Panchayat DW-2, Makhan Singh prove that appellant was at Village Danewala, which is at a distance of 3/4 hours journey from Mansa. Learned counsel for the State has argued that F.I.R. Ex.PE/2 is very prompt. There is no delay in lodging of the F.I.R. and sending of the special report to the C.J.M., Mansa. Tej Kaur PW-4 is the mother of the deceased. She would not have let the actual culprit go scot free and falsely implicate the appellant, if the appellant had not committed the murder of her son Raja Singh. Both these witnesses i.e. Balwinder Singh PW-3 and Tej Kaur PW-4 are cogent and convincing and corroborate each other and are corroborated by the medical evidence. The defence witnesses Mithu Singh DW-1 and Jagdial Singh DW-2 do Criminal Appeal No.99-DB of 2000 -4- not inspire confidence. Mithu Singh DW-1 is the father-in-law of the appellant and Jagdial Singh DW-2 are interested witnesses. Ajaib Singh J.E. DW-3 has only stated that there was no electricity connection in the rented house. We have heard the learned counsel for the parties and perused the record with their assistance. Balwinder Singh PW-3 brother of deceased Raja Singh is an eye- witness to the occurrence. In his testimony before the Court he has stated that he along with his mother Tej Kaur PW-4 and Nachattar Singh reached the house of Harpal Kaur at Mansa at about 7 p.m. on 31.7.1998. Harpal Kaur left the house to get some medicines. Makhan Singh son of Harpal Kaur who did not like the association of his mother Harpal Kaur with Raja Singh, came there and confronted Raja Singh. An altercation took place and Makhan Singh picked up a Kasoli and inflicted a number of injuries on the person of deceased Raja Singh. Makhan Singh tried to run way, but he was apprehended at the spot. Makhan Singh being apprehended on the spot by Balwinder Singh PW-3, Tej Kaur PW-4 and Nachattar Singh, shows their presence at the time of the occurrence. Nothing has come on record to show that some other persons were present who apprehended Makhan Singh at the spot. No suggestion has also been put to Balwinder Singh PW-3 and Tej Kaur PW-4 that there were some other persons present who had apprehended appellant Makhan Singh and not Balwinder Singh PW-3, Tej Kaur PW-4 and Nachattar Singh. Dr.Ashok Kansal PW-2 who the conducted post-mortem on the body of deceased Raja Singh on 1.8.1998 at 9.40 a.m., found the following injuries on his person :- 1. Incised wound, obliquely placed 11 cm x 0.5 cm muscle deep on the posterior lateral aspect of the upper part of the neck let side starting 0.5 cm below the left pinna and going downward and posteriorly. Clotted blood was present in and around the wound. Criminal Appeal No.99-DB of 2000 -5- (2) Horizontally placed incised wound 10 cm x 0.5 cm into skin deep on the lateral aspect of the left neck. 2 cm below injury No.1. Clotted blood was present in and around the wound. (3) Incised wound, slightly obliquely placed, 10 cm x 1 cm x muscle deep on the lateral aspect of the left side of neck, 3 cm below injury No.2 and starting 3 cm below the lower margin of the left pinna and from the angle of mandible. Underlying muscles and vessels were cut. Clotted blood was present. (4) Incised wound 11 cm x 2 cm x bone deep on the left side of the neck on its lateral aspect 1 cm below injury No.3. Underlying muscles, vessels and nerves were cut. Clotted blood was present. (5) Incised wound 9 cm x 0.7 cm x skin deep on the lateral aspect of left side of neck, 1 cm below injury No.4, clotted blood was present. (6) Obliquely placed incised wound 6 cm x 1.05 cm x bone deep on the left side of chin, starting from the anterior mid line and going laterally. Underlying mandible bone, muscles vessels and nerves were cut. Clotted blood was present. (7) Incised wound 6 cms x 2 cms x bone deep on the left occipital parietal region, starting from midline and going posteriorly and towards left side, 10 cm above and behind the left pinna and obliquely placed, there was fracture of the underlying skull bones. Clotted blood was present in the wound. On dissections, underlying durameter was lacerated and subdural haemotoma was present. (8) Incised wound 5 cms x 1.5 cm x bone deep on the left side of the head. Posterior and medial to injury No.7 and 3 cms from injury No.7. There was fracture of underlying skull bone. Clotted blood was present. (9) Obliquely placed incised wound 7 cms x 1.5 cm x bone deep on the posterior part of the right side of the head, starting from occipital protuderance and going forward and towards right side. clotted blood was present in the wound. (10) Incised wound 8 cmx x 1.5 cm x bone deep on the front of the sternal region, 2.5 cm below sternal notch. There was cut fracture of the underlying sternal. Clotted blood was present in and around the wound. (11) Reddish contusion 3 cm x 3 cm on the top of left shoulder joint and there was overlying reddish abrasion 2 cm x 1 cm. Criminal Appeal No.99-DB of 2000 -6- (12) Incised wound on the distal phalanx of the left little finger and distal part of distal phalanx was hanging by tag of skin only. Clotted blood was present. Incised wound 2.5 cm x 1 cm on the distal inter phalanxeal joint of left ring finger and this injury was corresponding to injury on the little finger. Clotted blood was present. Seeing the nature of injuries, majority of them being incised wounds, we can safely conclude that they were given with the Kasoli Ex.P1. The medical evidence corroborates the eye-witness account given by Balwinder Singh PW-3 and Tej Kaur PW-4. Appellant has taken the plea of ali bi. To Question No.19 he has stated as under :- “I am innocent. I along with my mother Harpal Kaur was residing in the house of Amar Nath at Mansa. My mother was having no illicit relations with Raja Singh. Once upon a time, I and Raja Singh deceased quarreled with each other. In that quarrel, I have beatings to Raja Singh. On account of that grudge, I was falsely implicated in the present case. At the time of the death of Raja Singh, I was present at Village Danewala.” To prove ali bi, he has brought into the witness-box Mithu Singh DW-1 and Jagdial Singh DW-2. Mithu Singh DW-1 is the father-in-law of the appellant and Jagdial Singh DW-2 is a friend of Makhan Singh. Both these witnesses i.e. Mithu Singh DW-1 and Jagdial Singh DW-2 are close relatives and friends of the appellant, but strangely they did not approach any higher authority to plead the innocence of appellant Makhan Singh, as according to them, he was falsely implicated. No petitions were made, no complaints were made. The only person they met was a D.S.P. Rank officer whose name has also not been mentioned by them in their statements before the Court. Lodging of F.I.R. Ex.PE/2 is very prompt. This itself goes a long Criminal Appeal No.99-DB of 2000 -7- way in proving the case of the prosecution. Name of the appellant is mentioned, weapon of offence is mentioned and the injuries given by the appellant on the person of deceased Raja Singh are also mentioned. Names of Balwinder Singh PW-3, Tej Kaur PW-4 and Nachattar Singh have also been mentioned which indicate their presence when the occurrence took place. Occurrence took place on 31.7.1998 at 8 p.m. F.I.R. Ex.PE/2 was registered on the same day at 9.30 p.m. at Police Station City, Mansa and the special report reached the C.J.M., Mansa on the same day at 11.05 p.m. The statements of Balwinder Singh PW-3 and Tej Kaur PW-4 are cogent and convincing. With the above discussion and observations, we are of the considered opinion that appellant Makhan Singh has committed the murder of Raja Singh. Appeal is dismissed. Appellant Makhan Singh son of Jagroop Singh is directed to surrender before the C.J.M., Mansa, if not in custody, to undergo the remaining part of his sentence. ( MEHTAB S.GILL ) JUDGE ( L.N.MITTAL ) February 20, 2009 JUDGE GD WHETHER TO BE REFERRED TO REPORTER? YES/NO