Case: Swarn Kaur Vs. Gurmukh Singh &amp; Others

The case of the prosecution was that on 30.03.2002, a group of pilgrims were led by the second accused to Shah Talai for worshiping Baba Balak Nath. The deceased Jeet Singh, was taken by the second accused along with the team for the purpose of cooking. The pilgrims reached Shah Talai on 30.03.2002. On reaching Shah Talai and after paying obeisance at the temple, the pilgrims stayed at Dana Mandi in Shah Talai. The accused party appeared to have been not satisfied with the food prepared by Jeet Singh and being annoyed by the said factor, it was alleged that the accused beat the deceased Jeet Singh, after tying his hands with Parna (a piece of cloth used both as head-gear and towel by the villagers). The deceased was taken towards a khud in a jeep-taxi belonging to P.W.6, Milap Chand. The accused stated to have given fist blows and kicks to the deceased and on the next day morning the body of Jeet Singh was found in the bed of a rivulet known as ‘Saryalinear Dana Mandi.3. Some other pilgrims, not connected with the group led by the second accused, after noticing the body of the deceased, stated to have brought it out and placed it on the dry portion of the rivulet bed and the information was passed on to P.W.1. P.W.1 is a village Up-pradhan of Gram Panchayat Naghiar. P.W.1 in turn gave the information to the police station Thalai on 31.03.2002, at about 10.45 a.m. by telephone informing that a dead body of some Punjabi male was lying in the bank of Saryali Khud. Based on the said information P.W.19 A.S.I., along with other police officials reached the spot and prepared the inquest report. In the meantime, A2, A4 and A5 along with A7 (acquitted accused) appeared to have proceeded to the Shah Talai police station and reported to P.W.17, M.H.C. about the missing of one of their companion. P.W.17 directed the four of them to go to Saryali Khud and find out whether, the dead body was that of their missing companion. They went to the place where the body was found by P.W.19 and after inspecting the body A2, A4, A5 and A7 told P.W.19 that he was not the person who was missing viz., Jeet Singh. P.W.19 after conducting the inquest, sent the body for post-mortem and the post-mortem was carried out by P.W.23, Dr. A.K. Sarma. Exhibit P.W.23/A is the post-mortem report, wherein the post-mortem doctor has noted two injuries. The injuries wereMultiple contusions on both knee and below the knee, reddish brownish scab formed, underline bones are normal.(b) Contusion over the xiphisternum 2 cm x 1 cm reddish brown scab formed, under lying bonegave the opinion in exhibit P.W.23/A that the cause of death was the head injury leading to shock.4. Be that as it may, on the early morning of 01.04.2002, the pilgrims led by the second accused, reached Ferozpur District of Punjab. The second accused met the appellant and informed her that her husband had gone missing at the place of Baba Balak Nath; that three of their team members have stayed back in search of her husband and they are likely to get the information in the evening by 6.00 p.m.5. According to the appellant while no information about her missing husband was forthcoming from the accused, on 04.04.2002, A2 and A5 again met her, as well as her son P.W.12, Angrej Singh and negotiated for a settlement by way of payment of a sum of Rs.1,00,000/- as compensation, by stating that her husband Jeet Singh was no more. Thereafter, the appellant accompanied by her brother-in-law Ajit Singh and Gurbanch Singh, stated to have gone to Shah Talai police station on 14.04.2002 and lodged an F.I.R. (Ex.P.W.2/A) at the police station. The appellant identified her husband from the photo of the dead body shown to her, besides identifying the clothes and purse of the deceased. Thereafter, the investigation commenced.6. On 15.04.2002, A2, A6 and A5 were arrested at village Baltoha and were remanded to police custody by the Court. On 17.04.2002, based on the disclosure statement of A2, the turban, parna, bag, shirt, blanket and cooking utensils of the deceased, Jeet Singh, were recovered from the house of A2 at village Baltoha. The first and the third accused were arrested on 19.04.2002, and they stated to have identified the place of occurrence. A4 and A7 were arrested on 06.05.2002, and based on the admissible portion of the disclosure statement of A4, a stone which was thrown below the bus stand of Deothsidh, was recovered. The prosecution in toto examined 23 witnesses and in the Section 313 questioning, the accused denied the case of the prosecution and no defence evidence was let in on behalf of the accused.7. One relevant statement in the Section 313 questioning of A4 when it was put to him that the prosecution evidence against him that all the pilgrims except Jeet Singh, returned to the native place on 01.04.2002 and what he had to say about it, A4 in his answer stated asis correct. We all retuned except Jeet Singh, but he was missing from Shah Talai and we have lodged report with the police at P.S.Talai about missing of Jeet Singh.Again in Question No.20, it was put to A4, that in the prosecution evidence against him it had come to light that on 01.04.2002, at about 9.00 A.M., accused Joginder Singh @ Kala, went to the house of Smt.Swarn Kaur and told her that her husband Jeet Singh had been missing from Shah Talai and that he had retained three persons in Shah Talai to trace out Jeet Singh and further told Smt.Swarn Kaur that Jeet Singh would return in the evening, A4 answered asall persons had went to the house of Smt. Swarn Kaur and told that Jeet Singh was missing from Shah Talai and that we told that we have lodged a report about his missing with the police.With the above evidence on record and the stand of the accused, the Trial Court found accused 1 to 5 guilty of the charges falling under Section 302 r/w Section 34 and Section 201 r/w Section 34 of I.P.C. The Trial Court, however acquitted A6 and A7 of all the charges. Ultimately, after finding accused 1 to 5 guilty of the above charges, the Trial Court imposed the punishment of imprisonment for life for the offence under Section 302 r/w Section 34, besides imposing a fine of Rs.10,000/- each and in default of payment of fine, further sentence of imprisonment for six months each. For the offence proved under Section 201, all the five accused were sentenced to rigorous imprisonment for one year, apart from a fine of Rs.2,000/- each and in default, imprisonment for one month each. The sentence were directed to run concurrently.10. All the five accused preferred an appeal before the High Court of Himachal Pradesh in Crl.A.No.280 of 2005 and the High Court having reversed the judgment of the Sessions Court and set aside the conviction and sentence imposed on them and there being no further appeal at the instance of the State, the de facto complainant has come forward with this appeal.

Reasoning: We are convinced that every one of the circumstances which were demonstrated to have been proved, sufficiently established the guilt of the accused and consequently, the conclusion of the Trial Court in having found the accused guilty was perfectly justified and the interference with the same by the High Court without sufficient reasoning was therefore, liable to be setis well settled that intention is always lodged in the mind of the accused but, to gather the intention one of the relevant factors which the court looks into is the nature of injury inflicted on the deceased. In our opinion, from the nature of injuries found on the person of the deceased it cannot safely be said that the accused assaulted the deceased with intention to cause such injury so as to cause death. It appears to us that the accused persons were upset by the poor quality of food cooked by the deceased and, therefore, assaulted him. The nature of injury or the weapon used do not suggest that the accused assaulted him with the intention of causing death. However, we are of the opinion that the accused knew that the injury inflicted by them is likely to cause death. Hence, in our opinion, the accused shall be liable to be convicted for offence under Section 304 Part II of the Indian Penal Code. In the facts and circumstances of the case, we are of the opinion that sentence of 7rigorous imprisonment each and fine of Rs.50,000/- each shall meet the ends of justice. Each of the accused shall deposit the fine amount within three months failing which they shall suffer imprisonment for a further period of one year. Out of the fine amount the appellants shall be paid a sum of Rs.2 lakhs.