51 CriminalAppeal No640 SB of2003 1 d IN THE HIGH COURT OF PUNJAB HARYANA AT CHANDIGARHe CriminalAppealNo640 SB of2003 Decidedon 15 122011 Sabaj Masih aliasSajo Appellant n r Versus 0 0 I Stateof Punjab C5 I Z CORAM HONBLE MRe JUSTICE KC PURI 2 1 WhetherReporters of LocaI may be allowed to r seethe 2 To be referredto theReporters or not9 Z 3 Whetherthe shouldbereported in theDigest2 C Present1 Mr SVerka Advocate for theappellant 7 Z Ms SimsiDhir Malhotra AAG Punjab Qe ICCPURI Masih alias Sajohas preferredthis appeal against the and ier dated1232003 passedbyShri Bal Krishan Mehta leamed Additional SessionsJudgeAmritsar appellant SabajMasih alias Sajohasbeenconvictedunder Section306 ofthe Indian Penal Code 6 in short the IPC 9 and sentenced to undergorigorous imprisonment for a periodof four yearsand to pay a fine of Rs5001 In default of paymentof flne to further undetgorigorousimprisonment for a r ANITA 2014.12.16 10: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 52 1 CriminalAppealNo40 SB of2003 2 1 V periodofsix months 2 Brieflystatedthe facts of the case are that Lado aged1516 years was elder of the four children of Manga Masih and afterfailingto clear in themiddle standardexamination she used to remain at home and perform houselold work accused SabajMasih allas SajoWas eye4easing Lado for quite sometime and was lookingfor IX developing illicit relations with her She had about this to her 0 0 motherVeena Veena alongwith one Barkat Masih of the same villagehad I C5 goneto the fatherof theaccusedto protestagainst his behaviour His father I had promised that the accusedwould not indulgein such activitiesin future Z The accused was upsetover this and duringthe nightof 8 and Q 9 November 2000 at about l 00a the accusedscaledovei the I wall of the house of the and Came inside the courtyardLado Z was sleeping at that time in the Verandah of the house and the accused caught hold of Lado fronl her arnl and lried to take her outsideforciblyShe 1 raised hue and cry on which her lnother Veena who Was sleepingnearby me Z got up and upon which the accusedtried to run away afterscaling over the QW wall Veena tried to catch hold of the accused and in the process the accused was able to run away MangaMasih and his wi fe Veena ran after the accused but the accused by taking of darkness was able to escape When MangaMasih and Veena returnedto their houseailer about l 5120 ininutes theyfound Lado vomitingUpon beingenquiredLado told that shewas unableto bear the taunts and out of shanleand on account of teasing at the hands of the accused she hadconsuinedtabletsofcellphosThe complainantarrangedfor conveyance ANITA 2014.12.16 10: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 53 CriminalAppealNo640 SB of2003 t6P 1 and was on theway to the hospitalto shif1 Lado but she died on theway lnitiallythe did not informthepoliceand laid to rest thebody of the deceasedas per thecustoms of his but on 1611 000 he informedthe police FIR in question was got coinmenced The accused was arrested After of usual 1 i aforesaid accused was sent to the court for cotnmissionof l aforesaidoffence 0 40 3 On of the challanbythe police the IeamedSub I C DivisionalJudicial MagistrateAjnalaaftercolnplied with the of I Section 207 CrPC colninitted the presentcaseto the Court of learned Z SessionJudgeAinritsar which was receivedbythetrial Court byway oftransfer I 4 Findinga priinafacie case for offence under Z Section 306 IPC charge was framedagainstthe appel lant to which the appellant pleaded IlOtguiltyandclaiined trial CO V2 5 To prove lts case the has exalnined MangaMasih Z conlplainantas 0Ml9 Veena nlother of the deceasedas 0We21Sl Ll Sukhdev Singhas 6PW3l DrAshok Chanana Assistant Professor as PW4 9 Rishi Ram Draftsinan as PWJ AillarjitSinghExecutive Ajnalaas Pl6 1 6 The accusedwhen examinedunder Sectlon 313 CrPC denied the allegations of the and pleadedfalse implicatlonHowever theappellantdld not opt to Ieadany defenceevidence 7 The learnedtrial Court held theappellantguiltyunder Section 306 IPC and vide judgnlentand order dated 123003 sentencedhttll as ANITA 2014.12.16 10: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 54 CriminalAppealNo40 SB of2003 49 Il 9 narratedabove 8 Feeling dissatisfied with the abovesaid of convictio the has the instant appeal 9 I have heardlearnedcounselfor the and thelearned Statecounsel and havegonethrough the recordsofthe case 1 10 Learnedcounsel for the appellant has submittedthatthe trial Court has convicted the appellantmerely on and sunnisesfor 0 0 offenceunderSection306 IPC The delayin lodgingthe FIR is fatal for the I C5 Accordingto the story of the occurrence took I place on 8ll2000 butthe FIR onlyon 16ll000 There Z iS not onlydelayin lodgingthe FIR but the bodyof Lado was buried r without effectingthe postmortemThe reasoning givenbythe foi not lodgingthe FIR is thal he wasnot aware of the fact that FIR should have been Iodgedbeforeburiedthe dead bodyof Lado According to the Z the matter was brought to the notice of the ChimanYounish 00 and Lal Masih after theoccurrence ie 91 12000 There is no 7 Z on the flle whythe FIR was not afterthe occurrence and under what circumstances the bodyof Lado was buried wilhout 11 It is further subinitted that Barkat Masih relatlve of the complainant was associated in the whole process but he has not been examined by the for the reasons best known known to it Exceptparentsof Lado deceased no other person has been exainined Ivhichcreates doubt in theprosecution story ANITA 2014.12.16 10: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 55 CriminalAppeal No640 SB of2003 15 J 12 Accordingto the Masih Lado was to his sisters son It so seems that Lado was not likingher with the sisters son of MangaMasih her father and on that accountshe inighthavecommittedsuicide 13 Learnedcounsel forthe has further sublnittedthatthe 1 r trialCourt has not consideredthe other aspectof the case Admittedlythe 0 dead bodywas buried without conducting the postmortem exain i nati on U I Therecould be a that Lado had with some one else C I The parentsmighthave administeredcellphosto Lado and crematedthe deadbodyin hurry However later on the matter would havebeen come to Z the notice of policeand to save themselves false case has beenI the appellantIt is submlttedthat it can be a case of honour killing I bythe parents The has admittedthat he to Akali L2 Z Party and theappellantbelonged to Congress Party It is onlyonaccount of C rivalry false case has been againstthe appellantby 3 Z in order to save their skin Om 14 Learnedcounsel for theappellant has further submittedthat in casetheCourt is notincl ined to acceptprayer of the for acquittal 111thatcase the appellant hasalready lncarceratlon for a period of one yearthreemonthsand eighteendaysouteof the substantivesentence of four years under Section 306 IPC The occurrence relatesto the year 2000 ie more thaneleven yearshavepassedSo prayer has beenmade for reductionin sentence 15 Learned Statecounsel has thejudgment anclorder of thetrial Court It is submittedthat FIR lnightnot have been 111 ANITA 2014.12.16 10: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 56 CriminalAppealNo640 SB of2003 4 1 orderto save the selrespectof deceasedas the coinplai nant has other also In case matter wouldhave been lll that case the of the falnilywould have been lowered as the has enteredinto the houseof the deceasedduring night timeand the deceasedcommittedsuicideon that account t havegiven my considerationto the rival tr 16 I subIlllSSlOns made byboth the sides and have carefullygone throughthe 0 0 recordsofthe case with their able assistance I 17 It is settledlaw that has to prove the guiltof the t3 I accused reasonabledoubt In this case accordinglO the Z accused enteredthe house of on the intervening of 819l l 000 after scaling over theboundary wall The storyof the 0 is that Lado deceasedfelt humiliatedand on that account she I coinmittedsuicidebytakingcellphosAs per story the dead Z bodywas buriedon the next date without conducting the post mortem m but on 16 l l 000 at the interventionof the matter examinatlOll sm Z was to the police and thereafter the bodywas exhumedand Thereasoning givenby the for postmortemwas conducted not the matter from 819e112000 to 161 12000 is that he was not awareof thefactthat matter has to be repotted to the police According to lhe version givenby tlle the and his wife fol Iowedtheappellant afterthe occurrence and came back within 15 to 20 llllnutes andduringthat period Lado consumed cellphosand started She was beingremovedto hospital but died duringtheperiodshe being takeli to the hospitalNo doctor has been examinedto prove that she was removedto any hospitai i n his crossexalninationhas ANITA 2014.12.16 10: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 57 CriminalAppeal No640 SB of2003 7 statedthat when the occurrence took placehe saw his 111their housebut nobodycame to theirrescue He has furtherstatedthat on his return he talked to his namely ChimanYounis andLal Masih and others He furtherstatedthattheydid not advise him to report the inatter to thepolice He has furtherstatedthat at the time of bulTing the 1 dead bodynobody that matter be reported to the policeAs per 0 postinortem the time the deathand the postmortem is one to 0 two weeks The storyseelns to be highlyunnatura It cannot be believed I C5 that in case Lado has colnmitted suicide on account of the behaviour of I ie visitingthehouseof deceasedduringthenighthours in that Z case the would have reportedthe matter and I2 would not have buried the dead bodywithout postinonem According to I the the matter was broughtto the notice of Z Including Chiman Youins and Lal Masih Theywould have advised him to rlo reportthe matter to policeThe has furtherstatedthat he has I7 not reported the matterat the tilne of burial of dead body I t cannot be Z believed that withoin 15 to 20 minutes Lado would have procuredthe cellphostablets and have taken the san The in the cross examinatlon hasadmittedthat fact that he hasengaged his daughter with his sisters son He has furtheradmittedthat belongto Akali party whereasaccused belonged to Congress party The possibilitycannot be ruled out that Lado had committedsuicide on account of the fact that she did not want to marry with sisters son of the There could be another possibility of honour ki lling PW Veena has stated that her daughter Lado had illicit relation with accused in her examinationlief 16 ANITA 2014.12.16 10: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 58 Appeal No640 SB of2003 4111 itself The in the ExPA has stated that accused wanted to illlcit relationsIith the deceased The parentsbeing of the of the deceasedwith mighthave adininisteredthe substanceand would have buriedthe deadbody withoutinforming the parentsThe matter mighthave come to the noticeof 1 r the police about the said fact and thereaer the mighthave 0 lodged the FIR againsttheaccused 0 18 to the Lohi was left in the house of I C5 by accused There was no specialmark on the Lohi except I llalne of which can be scribed byanyone Had the occurrence Z beentakenplacein the manner in which the allegedin thatcase atleast the would have lodgedthe againstthe I before the No fatherwould toleratethe appearanceof Z a personduring the nightfor havingrelation with hls daughter and would m nothavekeptquitefor a periodofmore than one Week 7 19 So allthese circumstantialevidence creates gravedoubtinthe Z version The seeins to have concealedthe genesis fl of occurrence Accordingto the Barkat Masih was associated buthe hasalso not been examined Exceptparentsofthe deceased no other has been examinec The death could not have taken place Within theshort spanof time as nanatedbythe and his wife 20 So keepingln vlew the whole discussion the appealstands and thejudgnlentand order of the trlal Court stand set aside and the accusedstands bygivinghim benefit of doubt The One if Y be refundedto him aftertheperiod ifany ANITA 2014.12.16 10: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 59 1 CriminalAppealNo40 SB of2003 S 21 A copy of this be sent to the trial Court for strict December 15 2011 1 SV JUDGE r 1 l2J l 0 0 I 40 I 111 Z Il 11 r I Z 0 n Z ANITA 2014.12.16 10: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document