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2010 DIGILAW 449 (PNJ)

Devinder Mohan v. U. T. Chandigarh

2010-01-19

SABINA

body2010
Judgment SABINA, J. 1. The appellant was convicted for an offence under Sec.307of the indian Penal Code ("ipc"- for short) vide judgment dated 29.8.1998 by the additional Sessions Judge, Chandigarh. Vide order dated 1.9.1998, the appellant was sentenced to undergo rigorous imprisonment for a period of four years and a fine of Rs.20,000/-. Hence, the present appeal. Prosecution case, as noticed by the trial Court in para Nos.2 to 5 of its judgment, is reproduced herein below:- "2. The case of the prosecution in brief is that L. Tombi Singh (PW10)is original resident of Manipur State. In July, 1996 he was student of Khalsa college, Chandigarh and was residing in house No.336 Sector 15- A, Chandigarh as a tenant in one room on the first floor, at about 9.00 a. m. on 7.7.1996 both Brozen (PW-8) who was studying in the DAV College, Chandigarh and is a room mate of L. Tombi and L. Tombi were present in the room. It was Sunday. Brozen along with one Amarjit Singh left for library at Punjab University Campus, chandigarh. In the adjoining room in possession of the injured L. Tombi, accused Devinder Mohan @ Nishu along with his wife and son was residing. Accused is the son of landlord of house No.336, sector 15-A, Chandigarh, who at that time was not present in the room. His wife and son were, however, present; He (L. Tombi) was watching television from 9.30 a. m. to 11.30 a. m. in room of the accused and then returned to his room. Sometime, thereafter, the accused came outside his room and demanded a sum of rs.100/- from the injured, the injured refused to give the money and the accused became angry and left the room. While the injured was sleeping in the room, one person suddenly came to the room of the injured and started giving knife blows to him in the stomach, he pressed his mouth and started giving the knife blows on his throat, at that time injured L. Tombi recognised that it was accused Devinder Mohan whose nick name is nishu. While the injured was sleeping in the room, one person suddenly came to the room of the injured and started giving knife blows to him in the stomach, he pressed his mouth and started giving the knife blows on his throat, at that time injured L. Tombi recognised that it was accused Devinder Mohan whose nick name is nishu. L. Tombi could not raise any alarm as the accused had pressed his mouth with his lands, after giving injuries the accused fled away from the room leaving the knife in the throat of the injured, the injured took out the knife from his throat and fell down on the ground he was unable to speak as the blood was oozing from his injuries, he took out some blood from the injuries and wrote letters "nishu on the wall, with his blood. He also wrote " 336/f/f (F/f means first floor ). It was written to convey the message that he was assaulted by Nishu. Sometime, thereafter, his room mate Brozen (PW-8) returned from his library and came to the room at about 2.30 p. m. Amarjit Singh and Somarjit ibomcha and Bhagat Ram were also with him. Brozen was ahead of him after going up stairs and reaching the room Brozen found the room partially open Brozen found in side the room L. Tombi lying on the floor in a pool of blood, his face was towards wall, Brozen also saw a knife stained with blood lying at some distance he noted that on the wall letters nishu and words F/f were written on the wall with blood he confirmed from L. Tombi whether he had been stabbed by nishu and L. Tombi who was not in a position to speak gave a positive reply (in the cross- examination he stated that he had also called the accused Devinder Mohan from his room who had stated that someone had stabbed Tombi and otherwise showed indifference ). L. Tombi was then taken to the PGI, Chandigarh, where medical examination of injured L. Tombi was conducted by Dr. Kaushik Rakshit at 3,.10 P. M. on 7.7.1996 and found the following injuries on his person:- 1. He was having multiple stab injuries to the upper abdomen, 12 in numbers. Active bleeding was present from all these sides.2. Four stab injuries on the anterior neck. Kaushik Rakshit at 3,.10 P. M. on 7.7.1996 and found the following injuries on his person:- 1. He was having multiple stab injuries to the upper abdomen, 12 in numbers. Active bleeding was present from all these sides.2. Four stab injuries on the anterior neck. Two stab wounds in the 10th I. C. S. (left side) anterior axillary line" 3. Dr. Kaushik Rakshit gave his report Ex. PA with pictorial diagram ex. PA/1 showing the seats of injuries. All the injuries were caused by sharp edged weapon and were declared dangerous to life.4. On 7.7.1996 Sub Inspector Charanjit Singh ) PW-11) was posted in ps West Chandigarh and was associated with Inspector J. S. Cheema. A message was received at 5.00 p. m. that one L. Tombi was admitted in the PGI with stab injuries. On receipt of this message, Inspector J. S. Cheema accompanied by SI charanjit Singh and SI Jai Parkash (PW-12) reached Criminal Appeal No.714-SB of 1998 5 the PGI, SHO submitted application (Ex. PB) and on that application the doctor gave his opinion EX. PB/1) and Ex. PB/2) that the injured L. Tombi was not fit to make statement. Brozen (PW-6) was found present there. His statement (Ex. PF/2) was recorded by Inspector J. S. Cheema. On the basis of this statement formal FIR (Ex. PB/1) was recorded in the police station, SI Charanjit Singh returned to the place of occurrence along with Brozen and SHO J. S. Cheema a police photographer HC Inder Pal Singh (PW-9) was also called, who took the photographs of the wall (Ex. P-1 to Ex. P-3), rough site plan of the place of occurrence was prepared, blood was collected from the spot and put into a plastic phial which was sealed with the seal of JS and was taken into possession vide memo Ex. PG. The knife stained with blood was also recovered. It sketch Ex. PK was prepared and it was taken through recovery memo Ex. PF two bed sheets stained with blood were also taken to the police possession through recovery memo Ex. PH. Some clothes were also taken into possession from the adjoining bath room vide recovery memo Ex. PJ. The clothes which were found on the person of L. Tombi injured were handed over by the doctor to Jai Parkash who in turn handed over the same to inspector J. S. Cheema. PH. Some clothes were also taken into possession from the adjoining bath room vide recovery memo Ex. PJ. The clothes which were found on the person of L. Tombi injured were handed over by the doctor to Jai Parkash who in turn handed over the same to inspector J. S. Cheema. The said clothes were taken into possession vide recovery memo Ex. PL.5. On the night of 7/8.7.1998 accused was found standing in front of house No.9, Sector 15-A Chandigarh. He was arrested. On interrogation the accused disclosed that the shirt which he was wearing at the time of crime he had concealed underneath the double bed in his bed room which was known to his alone and he could get the same recovered. This disclosure statement Ex. PS was recorded. Thereafter, the accused left to the stated place. After opening the lock of the room he got recovered the blood stained shirt. It was converted into a parcel, sealed with the seal of JS and taken into possession through recovery memo Ex. PT. A site plan of the place of recovery of the shirt Ex. PQ/1 was prepared, scaled site plan Ex. PD was prepared by Jaswant Singh (PW-3 ). The clothes which were recovered from the scene of occurrence along with the shirt of the accused recovered on the disclosure statement made by the accused were also alongwith the clothes which were recovered from the person of injured l. Tombi and were sent to the Central Forensic Science Laboratory, Chandigarh and the Analyst of that Laboratory declared that human blood was there on shirt of the accused as well on clothes which were found on the person of the injured through report Ex. PX. After completion of the investigation accused was forwarded to stand trial under Sec.307 of the Code. " 2. As per the prosecution case, appellant had inflicted injuries on the person of the complainant on 7.7.1996 at about 12.30 p. m. The complainant was examined by Senior Medical Officer, PGI, Chandigarh at about 3.10 p. m. on 7.7.1996 and number of injuries were found on his person. 3. The complainant appeared in the witness box as PW-10 and deposed as per the prosecution case. He further deposed that the accused had demanded rs.100/- from him and when he had refused to do so, the accused inflicted injuries on his person with a knife. 3. The complainant appeared in the witness box as PW-10 and deposed as per the prosecution case. He further deposed that the accused had demanded rs.100/- from him and when he had refused to do so, the accused inflicted injuries on his person with a knife. PW-7 Ibomcha, PW-8 Brozen took the injured to the hospital for treatment. PW-11, SI Charanjit Singh and PW-12 SI Jai parkash have deposed with regard to the investigation conducted by them. Thus, the prosecution had been successful in proving its case to the effect that the appellant had inflicted eighteen injuries on the person of the injured. Out of the said injuries twelve injuries were found in upper abdomen of the injured, whereas, four injuries were found in the anterior neck and two injuries were found in anterior axillary line. As per the medical opinion, all the injuries were caused by a sharp edged weapon and same were found dangerous to life. After the injured was declared fit to make the statement by the doctor, his statement was recorded. The appellant had taken a plea that the injured was not a tenant of his father. On the alleged day of occurrence, he was present at his residence with his family. He was working in the clinic of Dr. Dinesh Sehjpal. He had, however, failed to prove the said plea. 4. Dw-1 Dr. Dinesh Sehjpal has deposed with regard to the treatment given by him to the complainant. The testimony of DW-1 Dr. Dinesh Sehjpal, however, fails to advance the case of the appellant. The fact that the complainant was under treatment of DW- 1 Dr. Dinesh Sehjpal does not lead to the inference that the alleged occurrence, which has been duly proved by the prosecution, had not occurred. Keeping in view the number of injuries inflicted by the appellant, no ground for interference in the quantum of senctence is made out. Accordingly, this appeal is dismissed.