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2003 DIGILAW 90 (RAJ)

Gurmail Singh v. State of Rajasthan

2003-01-22

H.R.PANWAR, N.N.MATHUR

body2003
JUDGMENT 1. - This appeal is direct against the judgment of the Sessions Judge, Hanumangarh, dated 30.9.2000 convicting the appellant Gurmail Singh for offence under Section 302 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 2000/- and in default of payment to further undergo six months rigorous imprisonment. 2. Briefly stated the facts of the case are that on 12.2.1997 at about 11.15 A.M., PW-3 Ratan Singh resident of village Jaudakiyan lodged an oral First Information Report at Police Station Hanumangarh Junction stating inter alia that this daughter Kalwant Kaur was married to accused Gurmail Singh 18 years back. OUt of the said wedlock gave birth to four children (3 female and 1 male). She used to stay in village Deooun with her husband. Since last one year the relations between the husband and wife became strained as appellant husband wanted to shift to village Khokhar in Haryana after selling the house, but the wife deceased Kalwant Kaur was opposed to this idea. About 8 days before the date of the incident, PW-4 Balbir Sing took her sister Kalwant Kaur to his place of residence i.e. old Kunja, Hanumangarh. On 11.2.1997 accused Gurmail Singh visited the house of Balbir Singh and left with Smt. Kalwant Kaur for village Jaudakiyan to meet PW-3 Ratan Singh. PW-6 Manmohan Singh brother of the deceased followed them on a bicycle. When they had walked for about a kilometer, he joined them. Accused Gurmail Singh Insisted Manmohan Singh to move fast in order to reach the village in time and get the food ready. He promised that they will be reaching to the village very shortly. PW-3 Ratan Singh waited for his daughter and the son-in-law for about an hour, but when they did not reach he became suspicious. He directed PW-6 Manmohan Singh and PW-1 Devilal to go and search them. They reached at Kunja and inquired from PW-4 Bakshi Singh if they had reached there. For the whole night they searched them. In the morning at about 8 AM PW-5 Bakshi Singh informed them that the dead body of Kalwant Kaur was lying about a distance of 1 murabba from the Sadul Nahar Branch on the eastern side of the field of Arun Kumar Khilarl. For the whole night they searched them. In the morning at about 8 AM PW-5 Bakshi Singh informed them that the dead body of Kalwant Kaur was lying about a distance of 1 murabba from the Sadul Nahar Branch on the eastern side of the field of Arun Kumar Khilarl. On receiving this Information, this Informant and his son Manmohan Singh along with Bakshi reached on the spot and found that the dead body of Kalwant Kaur on the eastern side of the Railway line. There were bruise marks and swelling on the neck. He expressed his suspicions on Gurmail Singh of having committed the murder of Kalwant Kaur by strangulation because of their quarrel on the point of selling the house and shifting to Haryana. On this information police registrated a case for offence under Section 302 IPC and proceed with investigation. The Police reached on the spot and prepared the site plan and the inquest report. The dead body was sent for the postmortem. Police recorded the statement of the witnesses. The accused was arrested on 19.2.1997 vide Ex.R 21. In pursuance of Information given by him a golden Bali (earring) was recovered. After usual investigation police laid charge-sheet against the appellant for offence under Section 302 and 379 IPC. 3. On being committed, the trial court framed the charges against the appellant for offence under Sections 302 and 379 IPC. He pleaded not guilty and claimed trial. The prosecution In support of the case, examined 10 witnesses and produced certain documents. The appellant in his statement under Section 313 Cr.P.C. denied the correctness of the prosecution witnesses appearing against him. He also stated that he has been falsely implicated by his father-in-law and others. He further stated that in fact his wife Kalwant Kaur has been murdered by his In-laws as she refused to transfer the land to them. He did not produce any evidence in defence. The trial court convicted the appellant for offence under Section 302 IPC and sentenced to imprisonment for life. 4. Challenging the conviction Mr. Mahesh Bishnoi learned Amicus Curiae appearing for the appellant contended before us that the circumstances relied upon by the prosecution have not been firmly established and in any case they are not enough to bring the guilt of the appellant at home. 4. Challenging the conviction Mr. Mahesh Bishnoi learned Amicus Curiae appearing for the appellant contended before us that the circumstances relied upon by the prosecution have not been firmly established and in any case they are not enough to bring the guilt of the appellant at home. He has dealt with each circumstances and tried to satisfy that none of the circumstances even taken individually has been firmly established. On the other hand, learned public prosecutor has supported the judgment of the trial court. 5. We have considered the rival contentions, and scrutinised the evidence on record carefully. The various circumstances relied upon by the prosecution are briefly stated as follows : 1. The deceased was last seen in the company of the accused appellant. 2. The recovery of golden bali in pursuance of the information given by the accused. 3. Motive for the accused-appellant to commit the murder of Kalwant Kaur. 6. Before we proceed to dealt with each of the circumstances it will be proper to refer the medical evidence. PW-7 Dr. Deepak Saini conducted the postmortem of the dead body of Kalwant Kaur. He has proved the postmortem report Ex.P-18. He found the injuries on the neck antemortem in nature. In his opinion the cause of death was asphyxia. Thus, it is established that Mst. Kalwant Kaur died of homicidal death. 7. Taking the first circumstance of last seen the prosecution has examined PW-4 Balbir Singh and PW-6 Manmohan Singh, both the brothers of the deceased. PW-4 Balbir Singh after giving the background facts with respect to the marriage of his sister Kalwant Kaur with Gurmail Singh and their relation, stated that he had brought his sister deceased Kalwant Kaur about 6-7 days back. On the fateful day she left the house with Gurmail Singh to see his ailing father at village Jaudakiyan. He directed his brother PW-6 Manmohan Singh to reach to the village. Manmohan Singh left Hanumangarh on bicycle, he met Gurmail Singh and Kalwant Kaur on the way near spinning mill. Gurmail Singh directed him to reach to the village quickly and get the food ready. He also stated that Manmohan Singh came to his house In the night and informed that Gurmail Singh and Kalwant Kaur have not reached to village. He along with Manmohan Singh went there to search them. He went to Bhatinda in search of them. Gurmail Singh directed him to reach to the village quickly and get the food ready. He also stated that Manmohan Singh came to his house In the night and informed that Gurmail Singh and Kalwant Kaur have not reached to village. He along with Manmohan Singh went there to search them. He went to Bhatinda in search of them. In the morning he was informed on telephone that his sister Kalwant Kaur has died and her body has been found near the canal. Inspite of lengthy cross examination, nothing substantial has been elicited to discredit the testimony of this witness. 8. PW-6 Manmohan Singh after giving the back ground facts stated that his sister Kalwant Kaur after staying with his brother for few days left the house with her husband Gurmail Singh for village Jaudakiyan. He followed them on bicycle. Gurmail Singh directed him to reach to the village and get and the food ready. He reached to the village Jaudakiyan and waited for them. When they did not reach, he and his father became panici. Under the instructions of his father PW-3 Ratan Singh he went in search of them along with PW-1 Devilal. He reached to the house of Bakshi Singh in the night. Bakshi Singh also went along with them in search of Kalwant Kaur and her husband. When he reached Hanumangarh, PW-5 Bakshi Singh informed him that dead body of the Kalwant Kaur is lying in the field of Khilari. He along with his father reached on the spot and found the dead body of Kalwant Kaur. The neck was swollen that when he last saw his sister Kalwant Kaur she was wearing Balias in the ear, but they were missing from the dead body. Noting has been elicited in the cross examination to discredit the testimony of this witness. The statement of both the witnesses find corroboration from the statement of PW-1 Devilal and PW-3 Ratan Singh. PW-1 Devilal has stated that he had gone with Manmohan Singh in search of his sister Kalwant Kaur. He has also com borated the information given by the Bakshi Singh. Similarly PW-3 Ratan Singh has also stated that he was told by his son Manmohan Singh that Kalwant Kaur and Gurmail Singh left Hanumangarh for visiting his house. PW-1 Devilal has stated that he had gone with Manmohan Singh in search of his sister Kalwant Kaur. He has also com borated the information given by the Bakshi Singh. Similarly PW-3 Ratan Singh has also stated that he was told by his son Manmohan Singh that Kalwant Kaur and Gurmail Singh left Hanumangarh for visiting his house. Thus, it is evident that deceased Kalwant Kaur left the house of his brother Balbir Singh along with her husband appellant Gurmail Singh to see her ailing father at village Jaudakiyan. Manmohan Singh met them on the way. There is no explanation from the accused as to how Kalwant Kaur disappeared and her dead body was found in the morning. Thus, the prosecution has firmly established the circumstance of last seen against the appellant. 9. Taking the second circumstance, PW-8 Dhukkar Singh, Constable at the Police Station Hanumangarh junction has stated that the case was being investigated by Kailash Chandra Meena incharge of the Police Station and Ikbal Singh ASI. He further testified them that they were dead. He however identified the signatures of Kailash Chandra Meena and Ikbal Singh on various documents. He has also stated that he gave information Ex.P-21 leading to the recovery of pair of Baliya vide Ex.-P23. It is stated by PW-4 Bakhshi Singh and PW-6 Manmohan Singh that the deceased Kalwant Kaur was wearing the Balias when she left the house in the company of the appellant, but they were missing from the dead body. Thus, second circumstance has also been firmly established by the prosecution. 10. As far as the third circumstance is concerned, PW-3 Ratan Singh, PW-4 Balbir Singh, PW-6 Manmohan Singh have categorically stated that the appellant used to quarrel with the deceased Kalwant Kaur on the issue of selling the house in village Deooun and shifting to Haryana. There is also in evidence of PW-6 to the effect that he had brought his sister to his house about 10-11 days prior to date of incident, because of illtreatment to her by the appellant. Thus, the prosecution has succeeded in establishing the strained relations between the deceased Kalwant Kaur and the appellant. 11. In view of the aforesaid, we are of the view that prosecution firmly established the circumstances leading to the interference that it was the appellant who committed the murder of his wife Smt. Kalwant Kaur. 12. Thus, the prosecution has succeeded in establishing the strained relations between the deceased Kalwant Kaur and the appellant. 11. In view of the aforesaid, we are of the view that prosecution firmly established the circumstances leading to the interference that it was the appellant who committed the murder of his wife Smt. Kalwant Kaur. 12. Consequently, we find no merit in this appeal and the same is dismissed.Appeal dismissed. *******