Swarn Kaur vs Gurmukh Singh & Ors

2. 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 ‘Saryali Khud’, near 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 were :

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.

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.

(i) According to the appellant, after informing her about the missing of the deceased by A2 and A5, on 01.04.2002 and subsequently on 04.04.2002, they came and informed her that her husband was no more and that they were prepared to pay a sum of Rs.1,00,000/- by way of compensation and that she should not go to the police and that her son P.W.12 was also present at that time.

22. According to P.W.2, as the incident occurred in the State of Himachal Pradesh and she was living in a village in the State of Punjab, it took some time for her to arrange for her trip to Himachal Pradesh to lodge the complaint and in that process she could go to the Police Station at Shah Talai only on 14.04.2002, where she identified the photographs of the dead body of the deceased along with his other belongings.

39. It is 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 7 years’ rigorous 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.

40. The said accused 1 to 5 are directed to surrender forthwith before the Additional Sessions Judge, Ghumarwin, District Bilaspur, Himachal Pradesh, who shall hand them over to the concerned police for serving the remaining sentence. In the result, the appeal is allowed, the judgment and order of acquittal passed by the High Court is set aside and the accused are convicted and sentenced in the manner indicated above.

July 03, 2013.