Sunil Clifford Daniel vs State Of Punjab

2. The facts and circumstances giving rise to this appeal are as under:

C. On 9.3.1996, the appellant handed over a set of blood stained clothes to Dr. B. Pawar, the Medical Superintendent, (PW.1), stating that when he came to his room that day, the same were found therein. Dr. B. Pawar (PW.1), informed the police about the said incident on the same date.

D. Dr. Loyalla Shagoufta, wife of the appellant, had informed her mother Smt. Victoria Rani (PW.2), who was living in Jagadhari, District Yamunanagar, by way of a telephone call on 6.3.1996, that she would visit her on 8.3.1996. However, she did not reach Jagadhari on 8.3.1996. Victoria Rani (PW.2), then came to Ludhiana on 10.3.1996, and found that her daughter was missing. Smt. Victoria Rani (PW.2) then lodged FIR No. 16 of 1996 on 10.3.1996, at 9.40 p.m. wherein being the complainant, she expressed her apprehension that the appellant herein, had abducted her daughter with the intention of killing her.

F. Piara Singh, ASI (PW.13), took up the investigation of the case and went to the appellant’s hostel, however, his room No.2010, was found to be locked. A police party searched for the appellant, among several other places, in the house of Mr. Rana, one of his relatives, but he could not be traced/found anywhere. Dr. B. Pawar (PW.1) handed over the blood stained clothes given to him by the appellant, to the I.O.

G. On 11.3.1996, Vir Rajinder Pal (PW.14), SHO, Police Station, Ludhiana received a wireless message at 9.00 a.m., from the Police Chowki at Lalton Kalan, which is about 20 k.m. away from the main city, informing him that the dead body of a female had been found, lying in the bushes, near the main road. The Investigating Officer took Victoria Rani (PW.2) with him, while accompanied by other police personnel, and recovered the body of the deceased from the said place.

J. On 11.3.1996, the Investigating Officer came to know, in the course of interrogation that, the appellant had used the car of one Dr. Pauli (CW.2), and that a blood stained mat was lying in the dicky of the said car. The police hence took possession of the said car and mat, and sent the mat for preparation of an FSL report.

K. The appellant was arrested on 11.3.1996, and his room in the hostel was searched yet again, by one Ashok Kumar, Head Constable from the Forensic Department, who scraped some blood stained earth from the floor of the room. He also found a pair of blood stained white V-shaped, Hawaii chappals. Photographs of the said room were also taken. During interrogation, the appellant made a disclosure statement on 13.3.1996 to the effect that he would be able to help in the recovery of some relevant material from a place where he had hidden it. The appellant then led the police party to a place behind Old Jail, Ludhiana. From there, after removing some garbage etc., one blood stained gunny bag, a blood stained dumb-bell and one blood stained tie, were recovered.

N. The police completed the investigation of the case and submitted a charge sheet against the appellant. The case was converted from one under Section 364, to one under Sections 302 and 201 IPC. The appellant was thus charged, but as he pleaded not guilty, he claimed trial. The prosecution examined 15 witnesses and two court witnesses were also examined under Section 311 of Criminal Procedure Code, 1973 (hereinafter called as `Cr.P.C.’).

7. Dr. B. Pawar (PW.1), Medical Superintendent, deposed to the extent that the deceased was supposed to be on leave from 9.3.1996 to 16.3.1996, and that on the date of the said incident, she was not present in her hostel. Further, the appellant had reported to him, that when he came back to his room, he had found some blood stained clothes therein. The clothes were thereafter collected in a bag, and were kept in the office of Dr. B. Pawar (PW.1), and the possession of the same, was subsequently taken, by the police.

8. Smt. Victoria Rani (PW.2), mother of the deceased supported the case of the prosecution. She deposed that her daughter’s marriage with the appellant had been quite strained, since no child could be born out of the wedlock and hence, they had started living separately. Her daughter had informed her by way of a telephone call, that she would visit Jagadhari on 7.3.1996, but she never came. Therefore, the complainant, Victoria Rani (PW.2), came to Ludhiana to search for her daughter, but she was found to be missing. Thus, she submitted a complaint to the police, on the basis of which, an FIR was lodged, wherein, she expressed her doubts with regard to the intention of the appellant, as in her opinion, he had been wanting to get rid of her daughter, and therefore, he could have kidnapped her for the purpose of killing her and fulfilling his purpose, once and for all.

13. Dr. Pauli (CW.2), deposed that on 9.3.1996, he was contacted by the appellant at 6.00 p.m. and was told by him that his wife was missing, as a result of which, the appellant was in need of his car. Dr. Pauli (CW.2), therefore, gave his car to the appellant, bearing registration No. CH01-5653. The appellant returned after a duration of 1½ hours, parked the car outside the hostel, and handed over the key to the said witness. The possession of the said car was taken by the police on 11.3.1996, and the blood stained rubber mat was then recovered from the dicky of the car. The said mat was sealed and taken away by the Investigating Officer (PW.14).

27. In view of the above, the instant case is squarely covered by the ratio of the aforesaid judgments, and the submission advanced in this regard is therefore, not acceptable.

33. In view of the above, the Court finds it impossible to accept the submission that, in the absence of the report regarding the origin of the blood, the accused cannot be convicted, upon an observation that it is only because of lapse of time that the classification of the blood cannot be determined. Therefore, no advantage can be conferred upon the accused, to enable him to claim any benefit, and the report of dis-integration of blood etc. cannot be termed as a missing link, on the basis of which, the chain of circumstances may be presumed to be broken.

(xiii) As the recoveries of the blood stained gunny bag, dumb bell, tie etc. were made on the basis of the disclosure statement of the appellant himself, the chain of circumstances is therefore, complete.

40. In view of the above, we do not find any reason to interfere with the concurrent findings recorded by the courts below. The appeal lacks merit and is therefore, dismissed accordingly.