CHANDAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 31.7.1990 passed by the Additional Sessions Judge, Hisar, by which the appellant has been convicted under Section 302, Indian Penal Code, and sentenced to imprisonment for life. He was also fined Rs. 5000/- and, in default of payment of fine, he was ordered to undergo further rigorous imprisonment for six months. The whole amount of fine, if recovered, was directed to be paid to the legal heirs of Kala Singh deceased. The prosecution story, in brief, is as follows :-

(2.) MEWA Singh who is the brother of Kala Singh deceased, plies four-wheeler No. HYT 2769. On 17.12.1989 Mewa Singh PW3 along with Rajinder Singh PW4 and Zile Singh had gone from Bhuna to Bhattu to meet his brother-in-law Nirmal Singh but he was not present there and, therefore, they returned to Bhuna at 4.00 a.m. on the next day, i.e. 18.12.1989. At about 4.30 a.m. on 18.12.1989, they came near the old Bus Stand of Bhuna and saw the appellant giving a Kulhari blow to a person who was lying on the ground in front of the shop of Sattu. Mewa Singh asked the appellant as to what he was doing. At this, the appellant ran away towards the Mandi with his Kulhari. Mewa Singh, Rajinder Singh and Zile Singh went towards the injured and found that he was Kala Singh real brother of Mewa Singh, and was having three Kulhari blows on his person i.e. on his head, on his right side of the face and on his chin. They wanted to take Kala Singh injured to Civil Hospital but he died at the spot. After leaving Rajinder Singh and Zile Singh at the spot, Mewa Singh PW3 went to Police Station Bhuna, and made his statement before Sub Inspector Mohmad Ishak, Station House Officer, on the basis of which FIR Exhibit P.F. was recorded at 5.00 a.m. on 18.12.1989 and it reached the Ilaqa Magistrate at 7.10 a.m. on that day. Thereafter, Sub Inspector Mohamad Ishak along with Mewa Singh, Chhaju Ram and other police officials reached the spot. Sub Inspector Mohmad Ishak prepared rough site plan Exhibit PQ, and lifted blood-stained earth and a blanket of the deceased from the spot. These were sealed into two separate parcels with the seal 'CR'. The seal after use, was handed over to Rajinder Singh PW and the sealed parcels were taken into possession vide recovery memo Exhibit PG. The blanket is Exhibit P-8 and the blood stained earth is Exhibit P-9. Inquest report Exhibit PB was also prepared at the spot. The dead body was sent to the Civil Hospital, Fatehabad, for post mortem examination along with request Exhibit PA. Thereafter, Sub Inspector Mohamad Ishak searched for the appellant but he was not traced. Dr. N. Chakarvarti PW1 conducted the post-mortem on the dead body of Kala Singh and found three injuries on it with sharp-edged weapon. Semi-solid food material was also found. The post-mortem report is Exhibit PC. According to the opinion of the doctor, the time that elapsed between death and injuries was a few minutes and between death and post mortem 16 to 24 hours, and the death occurred due to the injuries inflicted on the deceased. The clothes of the deceased were also sealed into a parcel and were taken into possession, vide recovery Memo Exhibit PR. The motive for the crime, as alleged, is that 5-6 days prior to this occurrence, Mewa Singh PW3 had separated Kala Singh deceased and Chandan Singh appellant, who were quarreling over something in the shop of Sattu brother of Chandan Singh appellant, and Kala Singh had given 5-7 slaps to Chandran Singh appellant.

(3.) THE prosecution examined Dr. N. Chakarvarti PW-1, Medical Officer, General Hospital, Fatehabad, who conducted the post mortem examination on the dead body of Kala Singh on 18.12.1989. Mewa Singh, Rajinder Singh and Zile Singh had also identified the dead body. The post-mortem started at 10.00 a.m. on 18.12.1989. Copy of the post mortem examination is exhibit PC. Exhibit PCF is the diagram showing the seats of injuries. According to the opinon of the doctor, the probable duration between injuries and death was a few minutes and between death and post-mortem between 16 to 24 hours. Shri Exhibit P-1, Jersi Exhibit P-2, Kachha Exhibit P-3, Banian Exhibit P-4, and shoes Exhibits P-5 and P-6 of the deceased were also taken into possession. The doctor has further opined that the time of the death of the deceased could be 4.30 a.m. on 18.12.1989. On 4.4.1990 he gave his opinion Exhibit PD/1 that injuries No. 1 to 3 could be caused by a sharp edged weapon like a Kulhari Exhibit P-7. He has further opined that rigor mortis was present on all the four limbs and that it was fully developed and has not started the stage of passing off and still it was developing. Draftsman Shamsher Singh PW2 prepared the site plan Exhibit PE on 3.1.1990 at the pointing out of Mewa Singh PW3. Mewa Singh PW-3, brother of the deceased, who had seen the appellant causing a Kulhari blow to Kala Singh deceased while he was lying on the ground, lodged First Information Report Exhibit PF. PW-1 is Rajinder Singh who was present with Mewa Singh PW3 when they had seen the appellant giving a Kulhari blow to the deceased. PW-5 is Om Parkash, in whose presence, the appellant was arrested on 6.1.1990, the appellant made a disclosure statement Exhibit PM, the appellant got recovered axe Exhibit P-7, the axe was taken into possession vide recovery memo Exhibit PN, and Paijama and Kurta of the appellant were also taken into possession, vide recovery memo Exhibit PO, Sub Inspector Mohamad Ishak PW6 investigated the case.