SUNDER SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Appellant herein challenges the judgment of the High Court affirming the judgment passed by the Sessions Court. The Sessions Judge convicted the appellant/accused Sunder Singh for offences under Sections 302, 307 and 436, Indian Penal Code (IPC). While he was awarded the death sentence along with a fine of Rs. 5,000/- and in default to suffer further rigorous imprisonment for one year, he was given the punishment of seven years along with fine of Rs. 5,000/- and in default to suffer further rigorous imprisonment for one year separately on the other two counts.

(2.) The incident in this case had taken place on 30.6.1989 in village Mahargheti, Patwari Circle Dangoli in the newly formed District Bageshwar (which was part of District Almora at the time of incident). In this ghastly incident, Pratap Singh, his wife Nandi Devi, his elder son Balwant Singh (aged about 28 years), another son Prem Singh (aged about 19 years), daughter Kamla (aged about 16 years) lost their lives while wife of Balwant Singh, namely, Vimla Devi (PW-1) sustained grievous burn injuries. Five victims who lost their lives including Balwant Singh were roasted alive and died either on the spot or while being taken to the hospital or in the hospital. Balwant Singh, however, was almost beheaded while he also suffered the burn injuries. The prosecution alleged that this incident took place at about 10 p.m. when all the victims were taking their dinner in the ground floor room of their house. The appellant/accused came there with jerry can containing petrol and burning torch and threw the petrol in the room and after setting fire by torch, he shut the door of the room. Though Balwant Singh was in flames he managed to come out of the room by opening the door. However, as soon as he came out of the room, the accused who was still waiting there gave him a sword blow on the neck because of which he fell down dead out side the house. The other five family members who sustained severe burns also died barring Vimla Devi who alone survived. Nandi Devi died on the way to the Primary Health Centre at Baijnath while Pratap Singh also died there itself. Kamla and Prem Singh died in the District hospital, Almora later on, where they were shifted from Baijnath.

(3.) Informant Kheem Singh (PW-2) prepared a written report and handed over to the Circle Patwari, Hyat Singh (PW-13). In fact Hyat Singh (PW-13) came almost immediately after the incident and so did the other witnesses like Chanar Singh (PW-3) and Rewadhar (PW-4). At the time when they reached the spot almost simultaneously, Pratap Singh was alive, who told these witnesses that accused Sunder Singh had burned them by throwing petrol from jerry can and by torching the house thereafter. Even Vimla Devi (PW-1), the wife of Balwant Singh told Hyat Singh (PW-13) about the incident and also about the attack on Balwant Singh by the accused. Hyat Singh (PW-13) started the investigation. He inspected the burnt house and the spot where Balwant Singhs body was lying. He found that Balwant Singh was dead and had suffered a serious injury on his neck. The other injured barring Balwant Singh were sent first to the Primary Health Centre, Baijnath. Nandi Devi, however, died even before reaching the Primary Health Centre, Baijnath, while Pratap Singh is said to have died after reaching the Health Centre. Dr. K.C. Joshi (PW-12) examined Vimla Devi (PW-1) and noted the injuries suffered by her, so also Kamla and Prem Singh were examined by him, and he noted their injuries in the medical certificates (Exhibits Ka-9, Ka-10 and Ka-11). Thereafter, the injured were sent to District Hospital, Almora in view of the seriousness of their injuries. When the three injured were at District Hospital, Almora, the dying declarations of Prem Singh and Vimla Devi (PW-1) were recorded on 1.7.1989 by Narender Singh Patel (PW-9), Sub-Divisional Magistrate, Baramandal, District Almora. Before this, Hyat Singh (PW-13) had completed his inspection of all the spots and had attached burnt radio, damaged plastic gallons, burnt breads and cut pieces of can from the scene of offence. He also found a cover of the sword (described as Rs. Khol) and also a pistol which had two bullets in it. He also held the inquest on the dead body of Balwant Singh and thereafter on the body of Pratap Singh and Nandi Devi. These bodies were sent for post mortem. In the District Hospital, Almora, Prem Singh died on 1.7.1989 itself while Kamla died later on after the treatment. Vimla Devi (PW-1), however, miraculously survived. The inquests and the post mortem on the dead bodies of Kamla and Prem Singh were also conducted later on by the doctors. All the five dead bodies had suffered extensive burn injuries, almost to the extent of 70% or 80%. Vimla Devi (PW-1), however, miraculously escaped and survived, though she had also suffered 70% of the burn injuries. After the preliminary investigation was completed by Hyat Singh (PW-13), the same was entrusted to C.B.C.I.D. and Inspector K.R. Tamta (PW-14), who completed the remaining formalities of the investigation. The accused was absconding. He was found only in July, 2002 after a lapse of 12 years. It was then that the matter was committed to Sessions on the basis of the chargesheet already filed.