Case: Labhu Ram And Ors Vs. The State Of Punjab

that the incident happened at the spot mentioned in the FIR. The learned counsel for the State has also submitted that immediately within an hour of the incident, FIR was lodged at the Police Station which was about 1-1/2 miles away from the place of the incident and the learned Magistrate also received a copy of the FIR within two hours of lodging the FIR. It is highly improbable that within such a short time a false story would be cooked up and FIR would be lodged on the basis of a false case. The learned counsel has also submitted that PW 5 Piara Singh and PW 6 Gurdev Singh both the injured witnesses are neighbours of the deceased. Their presence, at the time of the incident, is quite probable. The learned counsel has also submitted that the evidence of Bhagwan Kaur PW 4 should not be discarded. The widow would have natural inclination to implicate the assailant of her husband and it is not reasonably expected that she would falsely implicate the accused even when she had witnessed the incident and suffered injuries at the hands of the assailants. The learned counsel for the State has also submitted that alibi of the accused Malkiat Singh about his going to the police out post shortly before the incident does not stand scrutiny. It is with a clever attempt to create alibi, that a false report was made at Basant Park out post at a later stage. It could not be convincingly established by Malkiat Singh that the said report had in fact been lodged at 3 a.m. It is also highly improbable that three neighbours of his Mohalla after noticing some persons in drunken state and creating nuisance by abusing, would come to Malkiat Singh at dead of night at 2.30 a.m. by travelling 1-1/2 miles only to inform about such nuisance being created by some drunkards instead of going straight to the police station and informing the police, particularly when police station is closer, being only at a distance of one mile from their Mohalla. The learned counsel has submitted that it is equally improbable that the said Malkiat Singh, simply on getting an information that some persons were creating disturbance in intoxicated condition in the Mohalla, would come out of his house at that odd hour and personally go to the police out post just to lodge a report of the information received by him from some residents of the Mohalla. It is also significant to note that in the said report to the police out post (Exhibit DO), Malkiat Singh has given his address as house No. 345, street No. 5, Dashmesh Nagar, Ludhiana and not his residence at New Janta Colony which according to him is his usual place of residence. It is quite probable that having participated the crime, Malkiat Singh wanted to cover up his complicity in the offence and in an attempt to create an alibi, he introduced a false story and lodged a report to a police out-post long after the incident. According to learned counsel for the State, the prosecution case has been very convincingly proved by clinching and reliable evidences given by the eye-witnesses. Both the learned Sessions Judge and also the High Court accepted the prosecution case. In the aforesaid circumstance, no interference is called for by this Court and the appeal should be dismissed. 11. After giving our anxious considerations of the facts and circumstances of the case and the submissions made by the learned counsel appearing for the parties, it appears to us that in the instant case the depositions of Bhagwan Kaur PW 4 and two injured eye-witnesses, namely, PW 5 and PW 6 are wholly reliable. Such depositions do not suffer from any inconsistency. In our view, conviction can be based on the said depositions of the eye-witnesses. The case sought to be made out by the accused about the circumstances causing the death of Bhanan Singh is not only false but absolutely absurd. The nature of injuries sustained by the deceased also rules out the case of the defence that the deceased went to the house of the accused being drunk and attempted to go inside the house of the accused by scaling the wall while abusing the inmates and threatening to molest the daughters in the house of Labhu Ram, but suffered a fall from the wall of the house of the accused and died at the spot on receiving injuries on account of such fall from the wall. The wall is only five feet high and serious injuries suffered by the deceased could not have occurred by a fall from such small height. It is a pity that the wife of accused Labhu Ram was examined by the accused to give a false and absurd account of the defence case.12. In our view, the learned counsel for the State is also justified in contending that the alibi of Malkiat Singh that he had been to the said police out-post at 3 a.m. to lodge an information about the presence of some drunkards in Dashmesh Nagar Mohalla is absolutely false and should be discarded. It appears to us that after the commission of the crime alleged against him, Malkiat wanted to create an alibi and lodged a report at a later stage in the said police out-post. It appears from the post-mortem examination that the deceased had been brutally assaulted by the accused thereby causing 19 injuries on his person. The evidences adduced by the eye- witnesses about the injuries caused to the deceased also tallies with the post-mortem report and deposition of the doctor. In our view, such injuries would not have been caused if the accused did not intend to kill him. There is also evidence that even when the deceased fell down after receiving injuries, he was not spared but the accused further assaulted him. Such conduct of the accused is only consistent with an intention to kill the deceased.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]11. After giving our anxious considerations of the facts and circumstances of the case and the submissions made by the learned counsel appearing for the parties, it appears to us that in the instant case the depositions of Bhagwan Kaur PW 4 and two injurednamely, PW 5 and PW 6 are wholly reliable. Such depositions do not suffer from any inconsistency. In our view, conviction can be based on the said depositions of theThe case sought to be made out by the accused about the circumstances causing the death of Bhanan Singh is not only false but absolutely absurd. The nature of injuries sustained by the deceased also rules out the case of the defence that the deceased went to the house of the accused being drunk and attempted to go inside the house of the accused by scaling the wall while abusing the inmates and threatening to molest the daughters in the house of Labhu Ram, but suffered a fall from the wall of the house of the accused and died at the spot on receiving injuries on account of such fall from the wall. The wall is only five feet high and serious injuries suffered by the deceased could not have occurred by a fall from such small height. It is a pity that the wife of accused Labhu Ram was examined by the accused to give a false and absurd account of the defence case.12. In our view, the learned counsel for the State is also justified in contending that the alibi of Malkiat Singh that he had been to the said policeat 3 a.m. to lodge an information about the presence of some drunkards in Dashmesh Nagar Mohalla is absolutely false and should be discarded. It appears to us that after the commission of the crime alleged against him, Malkiat wanted to create an alibi and lodged a report at a later stage in the said policeIt appears from theexamination that the deceased had been brutally assaulted by the accused thereby causing 19 injuries on his person. The evidences adduced by the eyewitnesses about the injuries caused to the deceased also tallies with thereport and deposition of the doctor. In our view, such injuries would not have been caused if the accused did not intend to kill him. There is also evidence that even when the deceased fell down after receiving injuries, he was not spared but the accused further assaulted him. Such conduct of the accused is only consistent with an intention to kill the deceased.