Rajinder Kumar v. State of Punjab

IN T

Rajinder Kumar State of Punjab

CORAM : HO HO

Present: Ms for

Mr SUDEEPTI SH

1.

The judgement of c learned Addition appellant to und default of paym years under Sect BRIEF FACTS

2.

The Singh have take

THE HIGH COURT OF PUNJ AT CHANDIGA -.-

CR

Re Da

r

VERSUS

ON'BLE MR. JUSTICE SURE ON'BLE MRS. JUSTICE SUD s. Dolli Sharma (Amicus Curiae) the appellant. r. Maninderjit Singh Bedi, Addl. -.-

HARMA, J. e instant appeal is preferred by conviction and order of sentenc nal Sessions Judge, (Fast Track dergo imprisonment for life and ment of fine, to further undergo tion 302 of the Indian Penal Cod S OF THE CASE e brief facts of the case are that U en 9-½ Qillas of land from Am

JAB AND HARYANA ARH RA-D-639-DB-2003 (O&M) served on :-17.07.2024 ate of Decision : 29.07.2024

....Appellant

....Respondents ESHWAR THAKUR EEPTI SHARMA ) A.G., Punjab. y the appellant for setting aside ce dated 08.05.2003, whereby Court), Sangrur, has sentenced d to pay a fine of Rs.5,000/- and o rigorous imprisonment for th de, 1860 (for short, 'IPC'). Ujagar Singh and his brother Nan marjit Singh, Sarpanch, on lease

d in hree nak

the year of 2000 A kotha was al Nanak Singh us taking meals, w employed as a s In the morning went to the fiel Singh was lyin injuries on head accused was no Ujagar Singh w met him near r before ASI Kash the accused. A trial.

3.

Cop duly supplied to against Rajinder he pleaded not g

4.

The evidence the rep Finger Prints Bu

5.

Aft learned Trial C

0 and an electric motor was fitte lso constructed in which, Piara sed to sleep at night. On 14.03 went to the fields at about 7.00 ervant with them who used to re of 15.03.2000, at about 8.00 a lds with tea of Piara Singh, but g in the pool of blood in the d, forehead and face of their fat ot found there and after leaving ent to the police station to lodg railway crossing, Sunam. Uja hmir Singh on the basis of which After completion of the investig pies of the documents as requir o the accused. There being a prim r Kumar accused, therefore, he guilty. e prosecution examined total port of the Chemical Examiner ureau, Phillaur Ex.PY. ter hearing the parties and consi Court found the accused to be g

ed in this land for running tubew a Singh father of Ujagar Singh

3.2000, as usual, Piara Singh, a PM. Rajinder Kumar accused w eside in the same kotha of tubew a.m Ujagar Singh & Nanak Sin t they found that their father Pi kotha. They also found multi ther Piara Singh. Rajinder Kum Nanak Singh, near the dead bo e report, when, ASI Kashmir Sin agar Singh made statement Ex h formal case was registered agai ation, the accused was sent up red under Section 173 Cr.P.C w ma facie case under Section 302 I was charged accordingly to wh 15 witnesses and tendered i Ex.PX and report of the Direc idering the evidence on record, guilty under Section 302 IPC

well. h & after was well. ngh iara iple mar ody, ngh .PE inst for were IPC hich into ctor,

sentenced him to in default of pa years. Hence the SUBMISSIONS

6.

Lea been convicted of such confess case, Manjit Sin cross examinati contends that s concerned, disc regarding the sa have seen the a why did they no the appellant wa the death, it wo further contends the commission judgment and or judgments:-

i) OnLine Suprem as under:-

o undergo imprisonment for life ayment of fine, to further underg e present appeal. S OF THE COUNSELS arned amicus curiae for the appe on the basis of extra-judicial co sion depends upon the person to ngh (PW-10) to whom extra-jud ion stated that he had no relati o far as recovery of alleged w closure statement reveals that ame. Further that Harpal Singh appellant with "Hathora", and ot complain to any police authori as last seen with the deceased a uld not lead to the presumption s that no motive is attributed by t of the alleged murder. Therefor rder passed by the Court below. Pawan Kumar Chourasia me Court 259] whereby the Hon

e and to pay a fine of Rs.5,000/- go rigorous imprisonment for th ellant submits that the appellant onfession and the evidentiary va o whom it is made. In the pres dicial confession was made, in ion with the accused. She furt weapon of crime i.e "Hathora" t there are contrary testimon (PW-12) and Manu Singh (PW-if clothes were blood stained th ity. She further contends that si and was not found at the spot a n of the appellant being guilty. S the prosecution on the appellant re, she prays for setting aside of . She has relied upon the follow Vs. State of Bihar [2023 S n'ble Supreme Court in para 5 h

hree has alue sent his ther " is nies -15) hen nce after She for f the wing SCC

ii) 60] whereby the "9. can can it i bey

"5. As far as extra-judicial c well settled. Generally, it is a a conviction can be sustai confession provided that voluntary and truthful. It sho evidentiary value of such con to whom it is made. Going conduct, normally, a perso committed by him only with implicit faith. Normally, a pe to someone who is totally Court has to be satisfied wi keeping in view the circums matter of rule, corroboratio extra-judicial confession is c record, it acquires more cred Raja Naykar Vs. State of C e Hon'ble Supreme Court held as It is settled law that the sus nnot take the place of proof bey nnot be convicted on the ground is. An accused is presumed to yond a reasonable doubt.

confession is concerned, the law a weak piece of evidence. Howev ined on the basis of extrajudic the confession is proved to ould be free of any inducement. T nfession also depends on the per g by the natural course of hum on would confide about a cr h such a person in whom he erson would not make a confess a stranger to him. Moreover, ith the reliability of the confess stances in which it is made. A on is not required. However, if corroborated by other evidence dibility." Chhattisgarh [2024 LiveLaw (S s under:- spicion, however strong it may yond reasonable doubt. An accu d of suspicion, no matter how stro be innocent unless proved gu

w is ver, cial be The rson man ime has sion sion As a f an e on SC) be, used ong

*

¶20susp pro acc tha

iv) Chhattisgarh) [ para No.10 held "10 sign cas of P abs def

7.

Per evident from the night, fight took further contend present there. F Hathora and hi Harpal Singh (P contends that th

* As already discussed herein spicion, conviction would not osecution to prove beyond all re cused and the accused alone who at the prosecution has utterly fail Nandu Singh Vs. State [2022 LiveLaw (SC) 229] where d as under:-

¶0In a case based on substant nificance. It is not as if motive a se to be established by the prose Prosecution must be discarded sence of motive assumes a diffe finitely weighs in favour of the ac r contra, learned counsel for the e statement of complainant - Uja k place between the deceased a s that when the dead body wa Further that the accused was se is clothes were drenched with PW-12) was corroborated with he prosecution witnesses are cre

*

* nabove, merely on the basis be tenable. It is the duty of easonable doubt that it is only o has committed the crime. We f led to do so."

e of Madhya Pradesh (N eby the Hon'ble Supreme Cour tial evidence, motive assumes gr lone becomes the crucial link in ecution and in its absence the c d. But, at the same time, comp erent complexion and such abse ccused." e respondent-State submits that i agar Singh (PW-11) that on the and Rajinder Kumar (accused). as recovered, the accused was een by Harpal Singh (PW-12) w blood. Further that statement Manu Singh (PW-15). He furt edible and there is no inconsisten

of find Now rt in reat case lete ence it is last He not with t of ther

in their stateme taken place and the prosecution therefore learned

8.

We record of this ca ANALYSIS

9.

A p in this case is ha in nature and ar is Dr. Parmod K the post mortem

¶1star upw was frac tiss pre

¶2was was

ents and there is no evidence to d the accused has been falsely im n has been able to prove its c d Court below has rightly convic e have heard learned counsel for ase with their able assistance. perusal of post mortem report Ex aemorrhage and shock as a resul re sufficient to cause death in th Kumar Chemical Examiner, Civi m. As per his statement the follow Lacerated wound 8 x 3 cm rting from 2 cms above the later wards and medically upto the ce s present in and around the w cture of underlying wound and sue was present on the interior esent in the dissected issues. Lacerated wound 2 x 1 cms s present in & around the woun s normal.

o conclude that occurrence has mplicated. Therefore, he prays t case beyond reasonable doubt cted and sentenced the appellant r the parties and perused the wh x.PA shows that the cause of de lt of injuries which are ante-mort he ordinary course of nature. PW il Hospital, Sangrur who conduc wing injuries were noted by him ms on the right side of forehe ral end of right eyebrow and go entre of the forehead. Clotted blo wound. On dissection, there w d laceration of meninges and br r of right side. Clotted blood w on the right eyebrow clotted blo nd. On dissection underlying wou

not that . hole eath tem W-1 cted :- ead, oing ood was rain was ood

¶3diss

¶4Clo und

¶5fac late diss

¶6abo frac

¶7On bra

¶8blo und

¶9wit

A lacerated wound 2 x ½ cm e nose. Clotted blood was prese section underlying wound was n A lacerated wound 2 x ½ cm otted blood was present in & der lying maxilliary wound was f A lacerated wound 5 x ½ cm ce, starting from the middle of th erally. Clotted blood was prese section underlying wound was n A lacerated wound 5 x 2 c ove the lateral end of left eyebr d around the wound. On disse ctured. A lacerated wound 6 x 2 cm dissection underlying wound ain issue. Clotted blood was pres A lacerated wound 4 x 2 cm ood was present in and arou derlying wound was not fracture The bridge of the nose was th fracture of nasal bone clotted

s on scalp 10 cms above the roo ent in and around the wound. ot fractured. ms on left side of face near the no around the wound. On dissect fractured. m obliquely placed on left side of he left eyebrow going downward ent in and around the wound. ot fractured. cm on left side of forehead, 4 c row. Clotted blood was presen ection underlying wound was was present in left parietal regi was fractured with laceration sent in and around the wound. ms over the occiput of skull. Clot und the wound. On dissect ed. visibly looking pressed downw blood was present in both nostri

ot of On ose. tion f the d & On cms t in not ion. n of tted tion ward

¶10tiss

10.

As result of injuries in the ordinary c and the injuries In his cross-exa were with blun different weapo dragging also an lacerated wound

11.

As blood stained w affidavit of MH stated that he d Hammer togeth 'KS' along with seizure memo o

Ex. Evidence Act, 1 the water course side of Electric P

A reddish brown abrasion tra e middle of lateral aspect of lef sues were not injured. per his opinion the cause of dea s which are ante-mortem in natu course of nature. He further stat to the person of deceased coul amination, he stated that the inju nt weapon and it could not be ns or not. Further he submitted nd Injury No.7 and 8 can be cau ds and these cannot be caused in per the inquest report, the arti wooden rod. A perusal of the rec HC Sukhchain Singh No.551, P deposited the parcel of case pro her with wooden handle duly se h sample impression of the sea f wooden rod having blood stain .PW-9/E is a statement of accus 1872/disclosure statement that h e canal bank Khadial Road leadi Pole in bushes and only he can g

ansversally placed 10 x 14 cms. ft thigh. On dissection underly ath was haemorrhage and shock a ure and are sufficient to cause de ted that he has seen Hammer Ex ld have been caused with Hamm uries on the person of the decea said that these were caused w that injury No.10 can occur due used by dragging because these a road accident. cle found near the dead body w ord further shows that Ex.PF is Police Station Sunam, wherein operty containing wooden rod ealed with seal bearing impress al in the Malkhana. Ex.PW-9/B ned hand impression. sed under Section 27 of the Ind he kept concealed one hammer ing to Cheema Poultry Farm by get it recovered by pointing out.

On ying as a eath x.P3 mer. ased with e to are was he sion B is dian

13.

Ex. the accused led recovered one h

14.

Ex. out the hammer

15.

Sta in the FIR, dis

26.03.2000, he h 10). In his cro where hammer further in his cr judicial confessi

16.

PW Rajinder Kumar confession befo was working as stated that the a Singh by means thrown the Hath Singh stated tha the police and examination, it accused had nev

.PW-9/F is the recovery memo d the police party to the place m hammer. .PW-9/K is the site plan of the p with his own hand from the bus atement of ASI Kashmir Singh sclosure statement and recovery had arrested the accused, who w oss-examination, he had stated t was got recovered was 250 yar ross-examination stated that it ion was made by the accused. W-10 is the statement of Manjit r in the Court and stated that th ore him that he committed murd s 'Seeri' as some quarrel has ar accused told him that he had cau s of Hathora (Hammer), and he hora on the Khaidal Road, in th at the accused requested him to he had produced the accused is stated by him that he has no ver been under his employment.

of Hammer. As per the stateme mentioned in the statement and place from where the accused to hes. (PW-9) corroborates the statem y of hammer. He stated that was produced by Manjit Singh (P that the distance of the place fr rds from Cheema Poultry Farm. is wrong to suggest that no ex Singh. He identified the accu he accused Rajinder Kumar mad der of Piara Singh under whom risen regarding the Cot. He furt used injuries on the person of Pi e ran away from the spot and h he bushes. In his statement, Ma o produce him (the accused) bef before the police. In his cro o relation with the accused and

ent, got ook ment on PW-rom He xtra-used de a m he ther iara had anjit fore oss-

17.

Com about 2–½ year Singh, Sarpanch in the kotha. On father went to th was also with hi Rajinder Kumar Rajinder Kumar house. On the n and discovered ground. He lef toward the polic made statement, signed, admittin remained uncon

18.

Har back, while he Rajinder Kumar stained. In his c

19.

Nan his brother Ujag

20.

Ma Harpal Singh (P

mplainant-Ujagar Singh (PW-1 rs back, they had taken 9-½ ki h. Two rooms had been construc n the intervening night of 14/15 he kohta to sleep. The accused, w im. When he along with his brot r was fighting with his father for r to sleep in the other kotha as next morning, around 8:00 AM, their father dead lying face d ft his brother Nanak Singh at t ce station, he met the police off , Ex.PE which was read over and ng the same to be correct. In hi ntroverted. rpal Singh (PW-12) in his state was going on tractor, along w r accused having a Hathora in h cross-examination, his statement nak Singh (PW-14) in his statem gar Singh (PW-11), who is comp anu Singh (PW-15) in his statem PW-12).

1) in his statement has stated t illas of land on lease from Ama cted there. His father used to sl

5.03.2000, after having a meal, who was an employee of his fath ther visited the fields, he found t r Cot. They intervened and advi usual. They then returned to th they both went to the field with down in the pool of blood on the scene and while he was go ficer, near Tractor Union, where d explained to him and thereafter is cross-examination, his statem ement stated that about 2-½ ye with Manu Singh (PW-15), he s his hand and his clothes were blo remained uncontroverted. ment has supported the testimony plainant in the present case. ment corroborated the testimony

that arjit eep his her, that ised heir tea oing e he r he ment ears saw ood y of

21.

Ho State of Mahar principles i.e. t evidence: con said

(1) dra

(2) hyp exp

(3)

(4) pro

(5) rea hav CONCLUSION

22.

On Court concludes

n'ble Supreme Court in the case rashtra, (1984) 4 SCC 116, lai the panchsheel of the proof o

¶3A close analysis of this decis nditions must be fulfilled before d to be fully established : the circumstances from which awn should be fully established. ) the facts so established sho pothesis of the guilt of the accuse plainable on any other hypothesi the circumstances should be of a they should exclude every possi oved, and there must be a chain of eviden asonable ground for the conclusi e accused and must show that in ve been done by the accused." N n the perusal of the record and s as under:-

i) The statement of Ujag Nanak Singh (PW-14)

e of Sharad Birdhichand Sarda id down the following five gold of a case based on circumstan sion would show that the follow e a case against an accused can h the conclusion of guilt is to ould be consistent only with ed, that is to say, they should not is except that the accused is guilt a conclusive nature and tendenc ible hypothesis except the one to nce so complete as not to leave a ion consistent with the innocence all human probability the act m d judgment of the trial Court, t gar Singh complainant (PW-11) ) clearly show that the accused w

a v. den ntial wing n be be t be ty. cy. o be any e of must this

last seen with their f there is e involvement/presence clearly raises a strong murdered Piara Singh;

ii) Statements of Harpal PW-15 reveal another carrying Hathora in h stained clothes, which of involvement of th Singh.

iii) Ex.PW9/E i.e. disclos Section 27 of the Indi proved, as the discov independent witnesses

iv) The statement of Man circumstance of extr proved to be a substan

v) Statement of ASI Ka the statement in the recovery of hamme

26.03.2000, he had produced by Manjit Si

father Piara Singh (deceased) vidence which proves of any third person. This f g presumption that the accused h ; l Singh PW-12 and Manu Sin r circumstance i.e. the accused w his hand and he was wearing blo h also raises a strong presumpt e accused in the murder of Pi ure statement of the accused un ian Evidence Act, 1872 also sta very was made in the presence s. njit Singh (PW-10) reveals anot ra-judicial confession, which a ntive evidence against the accuse ashmir Singh (PW-9) corrobora e FIR, disclosure statement r. He further stated that arrested the accused who w ingh (PW-10).

fact had ngh was ood tion iara nder ands e of ther also d. ates on

vi)

vii) viii

Meaning thereby by the accused to M corroborated by ASI K Though as per the con the appellant that the e to a person who was n accepted on the groun by Manjit Singh (PW-confession is made th produce him before t ASI Kashmir Singh ( accused who was pro There is no cross-exam we cannot ignore even by the accused befo circumstantial evidenc the case of the prosecu ) As per inquest repor wooden rod lying near which shows that in a the accused.

i) As per statement of conducted the post-m haemorrhage and shoc

the extra-judicial confession m Manjit Singh (PW-10) is furt Kashmir Singh (PW-9). ntention of the learned counsel extra-judicial confession was m not known to the accused, cannot nd that there is one statement m -10) before whom the extra-judi hat the accused requested him the police and in the statement (PW-9) stated that he arrested oduced by Manjit Singh (PW-1 mination to this effect. Therefo n the extra-judicial confession m ore Manjit Singh (PW-10). T ce and sequence of events pro ution. rt, the recovery of blood stain r the dead body is another evide ll probabilities the act was done Dr. Parmod Kumar (PW-1) w mortem, the cause of death w ck as a result of injuries which

made ther for made t be made cial m to t of 10). ore, made The oves ned nce e by who was

23.

All leave any reaso accused. Theref reasonable doub

24.

Thu the judgment of learned Trial Co

25.

Sin was on on bail, judgment be s compliance and accused/appellan imposed upon h

26.

Pen

(SURESHWAR

JUDGE

July 29, 2024 tripti

Whethe

Whethe

ante-mortem in nature the ordinary course of l these circumstantial evidences onable ground for conclusion co fore, the prosecution has prove bt. us, the present appeal, being dev f conviction and order of senten ourt are upheld. nce, the present appellant who d , but absent himself from this C sent to the learned Chief Ju d issuance of necessary process nt– Rajinder Kumar to serve him by the learned Trial Court. nding applications, if any, also st R THAKUR)

er speaking/non-speaking : Speak er reportable

: Yes/N

and are sufficient to cause death f nature. s form a complete chain as not onsistent with the innocence of ed its case beyond any shadow void of any merit, is dismissed nce dated 08.05.2003 passed by during the pendency of the app Court, therefore, let a copy of t udicial Magistrate, concerned for procuring the presence of e the remaining part of sente tand disposed off. (SUDEEPTI SHARMA) JUDGE king

h in t to w of peal this for