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2006 DIGILAW 4296 (PNJ)

State v. Santa Singh

2006-11-09

BALDEV SINGH, MEHTAB S.GILL

body2006
Judgment Mehtab S.Gill, J. 1. This is an appeal filed by the State of Punjab against the judgment dated 16.12.1998 of the Sessions Judge, Ferozepur whereby he acquitted the accused/respondents. 2. The case of the prosecution is that on 2.3.1997 at 10.45 p.m. Ishar Kaur heard a noise in the street. She came out of her house. Accused Santa Singh was armed with a Dang and accused Banta Singh was standing there. Banta Singh raised a lalkara asking her, as to where her husband Sardara Singh was. On hearing the shout, Sardara Singh came out. On seeing Sardara Singh, accused Banta Singh raised a lalkara that he should be taught a lesson for rebuking them while standing outside their house. Santa Singh thereafter gave a Dang blow on the forehead of Ishar Kaur. She fell down. Then accused Banta Singh gave fist blows on her right eye. Kartar Singh was attracted to the spot and the accused fled away. Ishar Kaur was removed to Civil Hospital, Fazilka where she was medicolegally examined. SI Prem Kumar recorded her statement Ex.P11 and a case under Sections 323/34 I.P.C. was registered. On 4.3.1997, Ishar Kaur was referred to Sri Guru Gobind Singh Medical College and Hospital, Faridkot. She succumbed to her injuries on 5.3.1997. The case was then registered under Sections 304/324/34 I.P.C. 3. The prosecution to prove its case, brought into the witness-box Dr. Ajay Kumar PW-1, Mathra Dass Draftsman PW-2, Dr. R.K. Goria PW-3, Ganpat Rai Verma PW-4, HC Bhagwan Singh PW-5, HC Bhola Singh PW-6 and SI Prem Kumar PW-7. 4. Learned counsel for the appellant/State has argued that the dying declaration Ex.P11 is truthful. Name of the accused and the weapon of offence has been given. SI Prem Kumar PW-7 obtained the opinion of the doctor Ex.P3/A as to whether Ishar Kaur was fit to make a statement vide application Ex.P3. It is thereafter that he recorded her statement, read it over to her and in token of its correctness she thumb-marked her statement Ex.P11. The medical evidence corroborates the account given in the dying declaration. The post- mortem report Ex.P6 which was proved by Dr. R.K. Goria PW-3, has given the nature of injuries, one being on the parietal region and the other being swelling on the right side of forehead. 5. The medical evidence corroborates the account given in the dying declaration. The post- mortem report Ex.P6 which was proved by Dr. R.K. Goria PW-3, has given the nature of injuries, one being on the parietal region and the other being swelling on the right side of forehead. 5. Learned counsel for the accused/respondents has argued that the occurrence had taken place on 2.3.1997 at 10.45 p.m. Sardara Singh, the husband of Ishar Kaur saw the occurrence, but did not report the matter to the police, nor did he lodge the F.I.R. when Ishar Kaur was found unfit to make a statement by the doctor, vide endorsement Ex.P2/1 on 3.3.1997 at 11 a.m. Though being cited as a prosecution witness, he did not come to the witness- box as having been won over by the accused. On 3.3.1997 at 10 p.m. vide endorsement Ex.P3/A, the doctor opined that Ishar Kaur was not fit to make a statement. Dr. Ajay Kumar PW-1 has not mentioned as to when Ishar Kaur was admitted in Sri Guru Gobind Singh Medical College and Hospital, Faridkot. It cannot be presumed that Ishar Kaur when brought from Civil Hospital, Fazilka as to whether at that time she was fit to make a statement or not. If Ishar Kaur was fit to make a statement on 3.3.1997 at 6.10 p.m. to SI Prem Kumar PW-7, then there was no need to refer her to Sri Guru Gobind Singh Medical College and Hospital, Faridkot. Dr. R.K. Goria PW-3 has stated in his cross- examination that due to the injury on the head Ishar Kaur had become unconscious. 6. We have heard the learned counsel for the parties and perused the impugned judgment and record with their assistance. 7. The case of the prosecution hinges only on the dying declaration Ex.PL. Sardara Singh, the husband of Ishar Kaur who was an eye-witness to the occurrence and had brought Ishar Kaur to the hospital, has not come into the witness-box to give corroboration to the dying declaration. We have gone through the dying declaration Ex.PL. There is no endorsement by Dr. Ajay Kumar PW-1, who medico-legally examined her on 3.3.1997 when her statement was recorded. The only corroboration we get from the dying declaration is the statement of the Investigating Officer SI Prem Kumar PW-7. We have gone through the dying declaration Ex.PL. There is no endorsement by Dr. Ajay Kumar PW-1, who medico-legally examined her on 3.3.1997 when her statement was recorded. The only corroboration we get from the dying declaration is the statement of the Investigating Officer SI Prem Kumar PW-7. There is a material discrepancy in the statement of this witness qua the dying declaration, as he has stated that it was Banta Singh who had given Dang blows and Santa Singh had given kick blows. But later on, he says the fatal injury i.e. the lacerated wound on the frontal parietal region of the skull was given by Santa Singh. Before recording of the statement, SI Prem Kumar PW-7 had not taken the opinion of the doctor regarding fitness of the patient to record her statement as a dying declaration. He only got permission of the doctor to record her statement on the basis of which F.I.R. was recorded under Sections 323/34 I.P.C. The doctor has not given any opinion regarding the dying declaration, nor has given any certificate regarding his presence, or that the patient was fit throughout while making her dying declaration. The learned trial Court has rightly held that the dying declaration Ex.P11 is unnatural and a tutored version, as minute details have been given including the date and timing of the occurrence. Minute details are not expected to be given of a person who had received severe head injuries and who had remained unconscious for a long time. We do not find any infirmity in the judgment of the learned trial Court.