Criminal Appeal No.447-DB of 2000 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Nachattar Singh APPELLANT VERSUS State of Punjab RESPONDENT CORAM : HON'BLE MR.JUSTICE MEHTAB S.GILL HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present:- Mrs.Baljit Mann, Advocate for the appellant. Shri S.S.Gill, Additional A.G. Punjab assisted by Shri H.S.Sangha, Advocate. MEHTAB S.GILL, J. We will be deciding Criminal Appeal No.447-DB of 2000 and Criminal Revision No.492 of 2001 by this common judgment, as they arise out of the same judgment/order dated 29.8.2000/31.8.2000 of the learned Sessions Judge, Bhatinda whereby he convicted Nachattar Singh son of Lal Singh under Section 302 I.P.C. and sentenced him to undergo imprisonment for life and to pay a fine of Rs.2000/-, in default, to further undergo RI for 4 months. The case of the prosecution is unfolded by the statement of Jit Singh Ex.PD. Jit Singh stated, that he is a resident of Killa Bharian. Raghbir Singh is Criminal Appeal No.447-DB of 2000 -2- his elder brother who lives in his native village Badshahpur, Police Station Sherpur. Jit Singh was residing in Village Killa Bharian and looking after the land which came to his share from the side of his mother. Karamjit Kaur daughter of Raghbir Singh was married to Nachattar Singh of Village Kala Patti Mehraj about 3/4 years back. She had a son Amrik Singh, aged about one year. On 4.9.1992 at about 6 p.m. he came to Village Mehraj to the house of Lal Singh to see his niece Karamjit Kaur. After meeting her, Karamjit Kaur started making tea for him. In the meantime, Nachattar Singh their son-in-law, Rajwinder Singh alias Raju younger brother of Nachattar Singh and Lal Singh had come from the fields after spraying the narma crop. Nachattar Singh asked Karamjit Kaur to give him hot water as he wanted to take a bath. Karamjit Kaur replied, that she after preparing tea for him, would give him hot water. At this all the three got annoyed and Lal Singh stated that she was not obeying them, she should be taught a lesson. On this Rajwinder Singh alias Raju started giving kick blows to Karamjit Kaur. As she stood up, Nachattar Singh picked up a Bala (a wooden baton) and gave a blow on her head. Karamjit Kaur fell down and as she was falling down, Nachattar Singh gave another Bala blow on the neck of Karamjit Kaur with full force. Jit Singh raised a hue and cry and when he went near Karamjit Kaur, she saw that she had breathed her last. Surjit Kaur mother-in-law of Karamjit Kaur who was sitting in the verandah, stated, that Jit Singh should also be taught a lesson. Nachattar Singh and others started grappling with Jit Singh. After escaping from there, Jit Singh went to Mandi Rampura on foot and from there after making arrangement for a vehicle, he reached his village Badshahpur and told about the occurrence to his brother Raghbir Singh and nephew Nazar Singh. On 5.9.1992 all of them came back to Village Mehraj to the house of Lal Singh. Karamjit Kaur's body was still lying there. Leaving Raghbir Singh near the body of Karamjit Kaur along with his nephew Nazar Singh left for the Police Post Mehraj and gave his statement to SI Criminal Appeal No.447-DB of 2000 -3- Avtar Singh at Bus Stand at 11.30 a.m. On the basis of this statement F.I.R. Ex.PD/2 was recorded on 5.9.1992 at 12.10 p.m. at Police Station Phul and the special report reached the S.D.J.M., Phul on the same day at 1.15 p.m. The prosecution to prove its case, brought into the witness-box Dr.Krishan Gopal PW-1, Jeet Singh PW-2, Raghbir Singh PW-3, Constable Bhola Singh PW-4 and SI Avtar Singh PW-5. Surjit Singh DW-1 and Labh Singh DW-2 were examined in defence. Learned counsel for the appellant has argued that Jit Singh PW-2 who is the real uncle (father's younger brother) of deceased Karamjit Kaur, would not have waited so long to lodge a report with the police, if he had seen the occurrence. A Police Post is located in Village Mehraj. Jit Singh could have recorded his statement on the same day as the occurrence had taken place at 6 p.m. If not at Village Mehraj, he could have recorded his statement at Police Station Phul which was hardly 4/5 kms. away from the place of occurrence. There is an unexplained delay of about 18 hours in recording of the F.I.R. Ex.PD/2. Jit Singh PW-2 is a chance witness. He lives in Killa Bharian. The distance between Village Mehraj and Killa Bharian is 25 kms. He has not given any reason as to why he had come to meet his niece and from where he was coming, that he had to stop on the way. Jit Singh PW-2 is the sole eye-witness. As per his testimony, deceased Karamjit Kaur was making tea when appellant came from the field after spraying his cotton crop. He wanted hot water. In the month of September, as it is warm, nobody has a bath with hot water. There is nothing coming from the side of the prosecution that there was any maltreatment or ill will or any sort of previous fight between appellant Nachattar Singh and his wife Karamjit Kaur deceased. They had a son aged one year. Appellant has been falsely implicated. In fact, it was a rainy day and deceased Karamjit Kaur after slipping, hit her head on a hard surface which Criminal Appeal No.447-DB of 2000 -4- culminated in her unfortunate death. The Investigating Officer SI Avtar Singh PW-5 has stated in his testimony that he reached the place of occurrence on 5.9.1992. Both the panchayats of Village Mehraj and Village Badshahpur were present. This showed that there were cordial relations between both the parties, but before the F.I.R. was lodged, a dispute arose as to the custody of the minor child and it is thereafter that F.I.R. Ex.PD/2 was lodged, only to harass the appellant, so that he would hand over the minor child to the parents of deceased Karamjit Kaur. Learned counsel has argued in the alternative, that if the prosecution version is believed to be truthful, then it comes out that the occurrence had taken place at the heat of the moment, when the appellant wanted some hot water to have a bath, as he had come from the fields. There was no previous quarrel between the appellant and the deceased. No panchayats had met. In fact, they were living a happy married life. The case of the appellant at the most, falls within the ambit of Section 304 Part-I I.P.C. Learned counsel for the State has argued that delay in lodging of the F.I.R. has been explained. Jit Singh PW-2 is a close relation of deceased Karamjit Kaur. He has stated in his testimony that he had come to visit her. He was under threat after he had witnessed the murder of his niece by the appellant and after escaping from the house of the appellant he first went to Village Phul and thereafter to Village Badshahpur to inform Raghbir Singh father of the deceased PW-3. It was natural for him to first inform his close relation especially the father of the deceased who was his real brother and it is thereafter he could have thought of informing the police. The statement of Jit Singh Ex.PD was recorded at 11.30 a.m. at Bus Stand Mehraj and thereafter F.I.R. Ex.PD/2 came into existence at 5.9.1992 at 12.10 p.m. Delay, if any, has been adequately explained. Karamjit Kaur died in the house of the appellant. Appellant did not care to take her to a hospital or to give her adequate medical attention in the house. Criminal Appeal No.447-DB of 2000 -5- Dr.Zail Singh who came, did not have any training in medicines. He was not a qualified doctor. The needle and thread were recovered from Dr.Zail Singh vide recovery memo Ex.PL. The life of the Karamjit Kaur could have been saved if appellant had taken her to a nearby hospital. There is a Primary Health Centre at Phul which is hardly 4/5 kms. from Village Mehraj. The panchayats which had collected were for the condolence of the death of Karamjit Kaur. Jit Singh PW-2 had by that time given information to Raghbir Singh PW-3 and it is the Panchayat of Village Badshahpur which in fact wanted to keep guard on the body, so that it may not be cremated by the appellant. The testimony of Jit Singh PW-2 is worthy of credence. His testimony could not be shattered in cross-examination. We have heard the learned counsel for the parties and perused the record with their assistance. Jit Singh PW-2 is the eye-witness to the occurrence. He has stated in his testimony before the Court that he went to visit his niece Karamjit Kaur in Village Mehraj. While she was preparing tea for him, appellant Nachattar Singh who had come from the field after spraying the cotton crop, asked her to arrange for some hot water as he wanted to have a bath. She stated that she would do so after she had given tea to her uncle. Nachattar Singh got enraged on this and picked up a Bala (a wooden baton) Ex.P2 and gave a blow on the back of her head. Jit Singh PW-2 has further stated that he raised an alarm, but the appellant along with his family members attacked him and tried to inflict injuries on him also. He ran away and after arranging a vehicle, he went to Phul and thereafter to Village Badshahpur and narrated the incident to Raghbir Singh PW-3 his brother and father of deceased Karamjit Kaur. Raghbir Singh and Nazar Singh then came to the house of the appellant. It is thereafter when Jit Singh PW-2 was going to Police Post Mehraj that he met SI Avtar Singh PW-5 and recorded his statement Criminal Appeal No.447-DB of 2000 -6- Ex.PD. The special report reached the S.D.J.M. Phul on the same day at 1.15 p.m. The delay, if any, has been adequately explained by Jit Singh PW-2. We cannot overlook this fact that not only had appellant injured his wife Karamjit Kaur, but he along with his family members attacked Jit Singh PW-2. Jit Singh saved himself by running away. Night had fallen and that is the reason that both Jit Singh PW-2 and Raghbir Singh PW-3 along with Nazar Singh came to the house of appellant on the next day. It is thereafter that F.I.R. Ex.PD/2 came into existence at 12.10 p.m. and the special report reached the S.D.J.M. Phul on the same day at 1.15 p.m. The case of the appellant is that injury to Karamjit Kaur was caused by a fall on the ground when she hit a hard surface. Dr.Krishan Gopal PW-1 who prepared the post-mortem report, has categorically stated that injury on the person of Karamjit Kaur cannot be caused by falling on a hard surface. Appellant in his statement under section 313 Cr.P.C. in reply to the last question has stated as under :- “I am innocent. I have been falsely implicated in this case. I had gone to Village Nat Bager to see my maternal uncle, where I received an information of Labh Singh our Siri that condition of my wife suffered injury on his head by fall and when I came to my village the wound on the head was already stitched and she was lying on the cot in an injured condition and suddenly she died. I sent information to my in-laws at Badshahpur through Mehar Singh son of Bachan Singh and Surjit Singh son of Sohan Singh. My in- laws and their other co-villagers came in the morning and Jit Singh and Raghbir Singh demanded share of land from me of Karamjit Kaur and on my refusal this case was falsely registered against me and my relations.” In his statement under Section 313 Cr.P.C. the appellant has stated that Karamjit Kaur was lying on a cot in an unconscious condition. She suddenly Criminal Appeal No.447-DB of 2000 -7- died. It is clear that when he came, Karamjit Kaur was alive, but strangely he did not make any effort to take her to the hospital i.e. Primary Health Centre Phul, which was hardly 4/5 kms. away. The family members let her die without giving her medical aid. Allegedly Dr.Zail Singh who came to treat her, was not a qualified doctor. Recovery of needle and thread was made vide Ex.PL. No wound can be stitched with a piece of thread. Appellant has not got any witness from Village Nat Bager, where he had gone as per his statement under Section 313 Cr.P.C., though he has taken the plea of alibi. From the prosecution evidence and taking the totality of the circumstances into consideration, it comes out that the injury inflicted by appellant Nachattar Singh on the head of Karamjit Kaur by the wooden baton Ex.P2 was not pre-meditated. There was no dispute between the husband and wife and there is not even a word stated by any of the prosecution witnesses that they they used to quarrel or fight, or did not have a happy married life. Karamjit Kaur was never maltreated. There was no ill will between the appellant and deceased Karamjit Kaur. They had one son out of their wedlock. On the fateful day appellant had come from the narma fields after spraying the cotton crop. He asked for a bucket of hot water and the deceased asked him to wait for some time, as she was preparing tea for her uncle Jit Singh PW-2. On this appellant got enraged. He picked up a wooden baton and hit the same on her head which turned out to be the fatal blow. At the most, case of the appellant falls within the parameters of Section 304 Part-I, I.P.C. Appellant had the knowledge and intention to inflict a serious blow, but it was at the heat of the moment and in anger that he hit the wooden baton on the head of Karamjit Kaur as she had asked him to wait for some time for the hot water to be given to him. With the above discussion and observations, conviction and sentence Criminal Appeal No.447-DB of 2000 -8- of the appellant is modified under Section 304 Part-I I.P.C. and is sentenced to undergo RI for 10 years. Fine shall remain intact as already awarded by the learned trial Court. Appeal is dismissed. Criminal Revision No.492 of 2001 is also dismissed. ( MEHTAB S.GILL ) JUDGE (JITENDRA CHAUHAN) July 6, 2009 JUDGE GD WHETHER TO BE REFERRED TO REPORTER? YES/NO