SATBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Satbir, appellant, was found guilty and convicted by the learned Additional Sessions Judge, Bhiwani, on the charge for the murder of his wife and infant daughter under Section 302, Indian Penal Code, on two counts as well as for an offence under Section 201, Indian Penal Code, for destroying the evidence of these two murders. The appellant was awarded imprisonment for life and fine of Rs. 500.00 or in default of payment thereof to undergo six months' rigorous imprisonment on the first count while three years and fine of Rs. 200.00 or in default of payment of fine to further undergo three months' rigorous imprisonment. Both the substantive sentences of imprisonment were ordered to run concurrently. Feeling aggrieved against his conviction and sentence, he has come up in appeal.

(2.) In brief the facts of the prosecution case are that in the month of October, 1990, Satbir, appellant, along with his wife Mst. Rajo and daughter Ms. Kavita had gone from his Village Govindpura to village Rathal for attending the 'Kaaj' ceremony of maternal grandmother of his wife. After attending the 'Kaaj' ceremony, all of them returned from village Rathal on 8-10-1990 to their village Govindpura. On the way they met Amar Singh (PW 6) of her parents village Putthi Mangal, at Bus-stand Hansi, at about 5 or 5.15 p.m. on the same day, Roshan Lal (PW 7) also of village Putthi Mangal Khan saw these persons going in a rickshaw at about 8. p.m. at Loharu Chowk Bhiwani. Thereafter, Mst. Rajo and Ms. Kavita were not seen alive. On 10/10/1990, Om Parkash (PW 4) of village Haluwas, found the deadbody lying in the growth of bushes in the fields of Master Ravi Dutt of his village. He then informed Ran Singh, Sarpanch (PW 5) of Gram Panchayat regarding this fact at about 4 or 5. p.m. Ran Singh, PW, along with other respectable of the village then went to the said place and found the deadbody of a female lying in the fields. He then left for police station Sadar, Bhiwani. On the way he met ASI Ram Kumar (PW 15) at the crossing of Loharu Dadri, in Bhiwani and lodged report Exhibit PH. It was concluded at 8.30 p.m. and on its basis a case under Section 302, Indian Penal Code, was got registered at the police station. ASI Ram kumar along with Ran Singh arrived at the spot. He got the deadbody photographed from Head Constable Brahm Dutt (PW 3). The shirt worn by the deadbody was found torn, and front of deadbody was exposed. It was the decomposed deadbody of a female. He called residents of the surrounding area but they failed to identify the deadbody. The Assistant Sub-Inspector drafted inquest report and got the deadbody subjected to post mortem examination from Dr. Subash Chander Agarwal (PW 8). The autopsy was conducted on 11-10-1990 at about 10.40 a.m. This doctor found maggots crawling all over the body. The deadbody was in advance stage of decomposition, and emitting foul smell. The pubic hair were easily pluckable. The doctor took sample of pubic hair along with swab from vagina and sent the same to the Chemical Examiner. The finger tips of both the hands of the deadbody were taken into possession and sealed for identification as the deadbody was not identifiable, due to advance stage of decomposition. The doctor, however, failed to detect any external mark of injury. The doctor preserved stomach and part of small intestines, large intestines along with part of liver, spleen and halves of both the kidneys and sent the same to the Chemical Examiner. The cause of death was kept under observation till the receipt of Chemical Examiner's report. The Chemical Examiner failed to detect any poison in the viscera of the deceased. Thus, the doctor failed to give any specific cause of death of the deceased. However, due to protruding of the tongue between the teeth, this doctor opined that the possibility of the death by throttling cannot be ruled out.

(3.) On 19/10/1990, Dharam Singh, Sarpanch (PW 11) of village Putthi Mangal along with Shanti mother of Rajo, deceased, and Bawa Singh identified the deadbody from the photographs Exhibits P3 and P4 and its clothes. On 24th of October, 1990, Satbir, accused-appellant, came to the house of Dharamvir, Sarpanch, where Hawa Singh was already present. Satbir admitted having murdered his wife Rajo and daughter Kavita by throttling and sought their help in getting the matter patched up with his mother-in-law. Accordingly, the Sarpanch called Mst. Shanti and Hawa Singh cousin brother of Rajo deceased. The accused also begged pardon from these persons after confessing his guilt. These persons then brought the accused to the police station and handed over to ASI. Ram kumar, who arrested him. On interrogation, the accused disclosed in the presence of aforesaid persons having kept concealed the deadbody of his daughter Kavita and 'V' shaped chappal of Mst. Rajo in the bushes. His statement, Exhibit PM, vas then recorded. Thereafter the accused led the police party to the field of Master Ravipal Sharma of village Haluwas and got recovered 20 pieces of bones of human skelton; a bunch of hair and pair of chappals Exhibits P8/1-2 which were taken into possession after putting these in separate sealed parcels. The Sub-Inspector also prepared plan Exhibit PM/2 of place of recovery of these two articles. The pieces of bones and bunch of hair were got examined from Dr. S. N. Sharma (PW 1), who in turn sent the same to the Professor, Department of Forensic Science Medical College, Rohtak, in a sealed Packet. On receipt of the report of professor of Forensic Medicines, this doctor opined that the age of the bone of the child was six to ten months and these were the bones of a female child and the death had taken place three to four weeks before examination. However, the cause of death could not be ascertained.