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2006 DIGILAW 232 (PNJ)

Ram Lubhaya v. State of Punjab

2006-01-30

MEHTAB S.GILL, UMA NATH SINGH

body2006
JUDGMENT MEHTAB S. GILL, J. 1. This is an appeal against the judgment/order dated 21.2.1997 of the Sessions Judge, Jalandhar whereby he convicted appellant Ram Lubhaya under Section 302 I.P.C. and sentenced him to undergo imprisonment for life and to pay a fine of Rs.I000/-, in default, to further undergo RI for three months. 2. The case of the prosecution is unfolded by the statement Ex. PM of Chanchal Singh made to ASI Dev Raj, at the turning of Alawalpur at Village Adampur on 20.1.1996 at 2.30 p.m. Chanchal Singh stated that he is a resident of Village Jagrawan and is working as a labourer. His father has four brothers. His father is the eldest. Gurmit Singh son of Chandu Ram is younger to his father. Gurmit Singh worked in a factory at Jalandhar. He used to go and come back from Jalandhar daily on a cycle. Vidya, the first wife of his uncle Gurmit Singh died 6/7 years ago. She gave birth to two sons, out of which Gurmukh Singh aged 13 years is the eldest. Second son Gurbachan Singh is aged 11 years. About 5/6 years ago, his uncle Gurmit Singh contracted a second marriage with Debo, resident of Baath. She gave birth to a son, named Gurdip Singh, aged about 4 years. Yesterday, i.e. on 19.1.1996, Chanchal Singh was present in his house at about 7 p.m., Parshotam Lal son of Charan Dass, a resident of his village come to him and told him that his uncle Gurmit Singh was lying in an unconscious condition near the fields of Kewal Singh. He had got a number of injuries on his person. On getting this information, Chanchal Singh along with his aunt Debo and his brother Karnail Singh reached the spot. With the help of a torch, they located Gurmit Singh. Gurmit Singh was having injuries which were caused with a sharp-edged weapon, on his face, arms, legs and other parts of the body. He was bleeding profusely. Some unknown person had caused these injuries to Gurmit Singh. After making arrangement for a conveyance, Gurmit Singh was then removed to Civil Hospital, Jalandhar, for treatment. After he was given first aid at Civil Hospital, Jalandhar, Gurmit Singh was referred by the Doctor- Incharge to Ludhiana for treatment. As they crossed Rama Mandi on their way to Ludhiana, Gurmit Singh succumbed to his injuries. After making arrangement for a conveyance, Gurmit Singh was then removed to Civil Hospital, Jalandhar, for treatment. After he was given first aid at Civil Hospital, Jalandhar, Gurmit Singh was referred by the Doctor- Incharge to Ludhiana for treatment. As they crossed Rama Mandi on their way to Ludhiana, Gurmit Singh succumbed to his injuries. The dead-body of Gurmit Singh was then brought back to Civil Hospital, Jalandhar. On the basis of this statement, F.I.R. Ex.PM/2 was recorded on 20.1.1996 at 2.35 p.m. at Police Station Adampur. Special report reached the J.M.I.C., Adampur on the same day at 5.25 p.m. 3. The prosecution to prove its case, brought into the witness-box Dr.Ajay Sahni PW-1, Dr. Gurpal Singh PW-2, Simar Kaur PW-3, Parshotam Dass PW-4, Duman Singh PW-5, Karam Singh PW-6 and ASI Dev Raj PW -7. 4. Learned counsel for the appellant has argued, that the most important witness to be brought into the witness-box was the wife of Gurmit Singh i.e. Debo, who would have thrown light on the relationship she had with the appellant. Her statement under Section 161 Cr.P.C. was not recorded, nor was she brought into the witness-box to testify before the Court about the relationship between the appellant and the deceased. The complainant in this case was Chanchal Singh son of Sant Singh. Though he was the propounder of the F.I.R., he was also not produced by the prosecution as a witness. Karam Singh PW -6 before whom the extra-judicial confession had been allegedly made, first recorded his statement under Section 161 Cr.P.C. on 20.1.1996 and later his supplementary statement was recorded two days later i.e. 22.2.1996. The alleged extra-judicial confession is an after-thought. Karam Singh PW-6 has stated in his testimony that appellant met him at Nakodar and requested him to produce him before the police authorities. It is strange that Karam Singh PW-6 did not take the appellant straightaway to the Police Station but instead asked him to corne on the next day. Statement of Simar Kaur PW-3 qua the extra- judicial confession is not believable. There was no motive for the appellant to commit the murder of Gurmit Singh, as allegedly a mutual divorce had taken place between the appellant and Debo. It is a case of blind murder and appellant has been falsely implicated. 5. Statement of Simar Kaur PW-3 qua the extra- judicial confession is not believable. There was no motive for the appellant to commit the murder of Gurmit Singh, as allegedly a mutual divorce had taken place between the appellant and Debo. It is a case of blind murder and appellant has been falsely implicated. 5. Learned counsel for the appellant has stated that there is an unexplained delay in lodging of the F.I.R. 6. Learned counsel for the State has argued that as per the testimony of Simar Kaur PW -3, appellant was insisting that Debo be sent back with him. Appellant used to come to Simar Kaur PW-3, Duman Singh PW -5 and Karam Singh PW -6 asking them that Debo be sent back with him. Both these witnesses Simar Kaur PW-3 and Duman Singh PW-5 have stated on oath, that they saw the appellant near the place of occurrence at the time, when deceased Gurmit Singh was injured. The Khes Ex.PL which the appellant was having on him, when injuries were inflicted on the deceased was covered with human blood as per the F.S.L. report Ex. PY. The delay in lodging of the F.I.R. has been adequately explained by the Investigating Officer and the witnesses, that it was due to the reason that firstly they wanted to save the life of deceased Gurmit Singh. He was first taken to the Civil Hospital, Jalandhar, he was referred by Dr.Gurpal Singh PW-2 to be taken to Ludhiana. It was on the way when the deceased was being taken to Ludhiana, that he passed away, when they crossed Rama Mandi. Thereafter complainant Chanchal Singh when he was going to Police Station Adampur to lodge a report, that he met ASI Dev Raj PW -7 and recorded his statement. 7. We have heard the learned counsel for the parties and perused the record with their assistance. 8. Karam Singh PW-6 has stated in his testimony before the Court, that about 1-1/2 months after the occurrence, appellant had met him at Nakodar Bus Stand Earlier also, appellant used to come to him and used to plead with him that his wife Debo be asked to join his society. Appellant had threatened on these occasions, that if Karam Singh PW -6 did not help him out, then he would do the job himself. Appellant had threatened on these occasions, that if Karam Singh PW -6 did not help him out, then he would do the job himself. When he had met Karam Singh PW-6 at Nakodar, appellant had confessed before Karam Singh PW-6 that he had committed the murder of deceased Gurmit Singh. Nothing has come on record that Karam Singh PW -6 is either friendly with the complainant party, or he is inimical towards the appellant. Karam Singh PW -6 is an independent witness. Similarly, Duman Singh PW- 5 who is the Sarpanch of Village Jagrawan, has stated that he knew deceased Gurmit Singh. He has further stated that appellant Ram Lubhaya had come to him 4/5 times and asked him to settle the matter and a compromise be effected between him and deceased Gurmit Singh. Debo, wife of the appellant was living with deceased Gurmit Singh. Debo was called by him, but she refused to go with the appellant. On 19.1.1996, he was coming from Alawalpur and he saw appellant sitting on the bridge of the canal minor. On asking him as to why he was sitting there, he stated that as he (Duman Singh PW -5) has not got the matter settled, he would now decide the matter himself. Duman Singh PW -5 in his testimony has stated that when he had enquired from Debo, as to whether she wants to go with appellant Ram Lubhaya, Debo stated that she had divorced him. Debo was now living with deceased Gurmit Singh for the last 7-1/2 years. The extra-judicial confession made to both these witnesses i.e. Duman Singh PW-5 and Karam Singh PW-6 is truthful and appeals to the mind. Nothing has come out that both Duman Singh PW-5 and Karam Singh PW-6 were inimical towards the appellant. No suggestion or question was put to them to this effect. In fact, Karam Singh PW-6 has: categorically stated that Gurmit Singh deceased was not related to him. 9. The argument of the learned counsel for the appellant that Duman Singh PW-5 and Karam Singh PW-6 are related to each other, would not be of much significance, as what is to be seen, is as to whether they are related to the deceased or not. Simar Kaur PW -3 has stated that deceased Gurmit Singh was her brother- in-law. Debo was married to deceased Gurrnit Singh. Simar Kaur PW -3 has stated that deceased Gurmit Singh was her brother- in-law. Debo was married to deceased Gurrnit Singh. Prior to that, Debo was married to appellant. Debo had been corning and telling her that Ram Lubhaya had corne to her and asked her to accompany him. Appellant had asked Debo to corne along in her presence at times also. Debo refused to do so. Appellant was angry on this. On 19.1.1996 at about 3 p.m., Simar Kaur PW-3 was corning from Alawalpur, when near the Octroi Post of Alawalpur, she saw the appellant, he had a Khes around himself. The testimony of this witness (Simar Kaur PW -3) is cogent and convincing. She is the sister-in-law of deceased Gurmit Singh. She would not let the actual culprit to go scot free and falsely implicate appellant. 10. The next argument of the counsel for the appellant is that there is an unexplained delay in lodging of the F.I.R. Dr. Gurpal Singh PW-2 has stated in his testimony, that he attended to Gurmit Singh on 19.1.1996 at 9.15 p.m. and sent Ruqa Ex.PG to Police Station Adampur, but as the condition of Gurmit Singh deteriorated, he referred Gurrnit Singh vide Ex.PF to Ludhiana. Gurmit Singh died on the way when they crossed Rama Mandi. He was brought back to Civil Hospital, Jalandhar. In the meantime, Chanchal Singh was going to report the matter to the police, that he met ASI Dev Raj at the turning of Alwalpur at Village Adampur and recorded his statement. The first and foremost worry of the complainant party was to save the life of Gurmit Singh. He was taken to Civil Hospital, Jalandhar, and thereafter to Ludhiana, but unfortunately Gurmit Singh died on the way. His body was then brought back to Civil Hospital and it is thereafter that Chanchal Singh contacted the police. Delay in lodging the F.I.R. has been adequately explained by the prosecution. The weapon of offence, Datar Ex.P1 was recovered on the statement of the appellant. 11. Non production of Chanchal Singh and Debo before the trial Court does not make any dent in the prosecution case, as the chain of events and circumstances have been proved by the prosecution beyond a reasonable doubt. Appellant was aggrieved that deceased had taken away his wife. He wanted her back, but was not being successful. 11. Non production of Chanchal Singh and Debo before the trial Court does not make any dent in the prosecution case, as the chain of events and circumstances have been proved by the prosecution beyond a reasonable doubt. Appellant was aggrieved that deceased had taken away his wife. He wanted her back, but was not being successful. It was then, that out of frustration he took the extreme step of eliminating the life of Gurmit Singh. 12. With the above observations and discussion, we do not find any merit in the appeal. 13. Dismissed. 14. If the appellant is on bail, he is directed to surrender before the C.J.M., Jalandhar forthwith, to undergo the remaining part of his sentence.