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2012 DIGILAW 381 (UTT)

PURAN SINGH v. STATE OF UTTARAKHAND

2012-07-16

PRAFULLA C.PANT

body2012
JUDGMENT Hon’ble Prafulla C. Pant, J. This appeal, received through Superintendent of District Jail, Dehradun, is directed against judgment and order dated 29.03.2010, passed by Assistant Sessions Judge, Pithoragarh, in Sessions Trial No. 11 of 2008, whereby said court has convicted the accused/appellant Puran Singh, under section 304 part (1) of I.P.C. He has been sentenced to rigorous imprisonment for a period of seven years, and directed to pay fine of Rs. 20,000/- 2. Heard learned Amicus Curiae, for the appellant, and learned Deputy Advocate General, for the State, and perused the lower court record. 3. Prosecution story in brief is that on 03.02.2008, in village Jajurali, sacred thread ceremony (JANEU SANSKAR) of Narendra Singh Bhandari was going on in the evening. All the villagers were invited in the function and they were having their meals turn by turn. At about 9.00 P.M. Dalip Singh (deceased) was returning to his home from the house of Narendra Singh Bhandari, when he was assaulted by accused/appellant Puran Singh with GIRATA (a long j shaped stick normally used for threshing wheat). PW-2 Hayat Singh and PW-3 Arjun Singh witnessed the incident, and informed PW1 Deevan Singh (son of the deceased), who rushed to the spot and himself saw the incident. Though, Dalip Singh suffered injuries on the head, face and back, but the villagers did not take it seriously and took him to his house. By the next day morning, Dalip Singh succumbed to the injuries. PW1 Deewan Singh lodged the First Information Report (Ex.A1) at Police Station Kotwali Pithoragarh, at about noon. On the basis of said report a Crime No. 133 of 2008 was registered against the accused/appellant Puran Singh in respect of offence punishable under Section 304 of I.P.C. The Police went to the spot and took dead body of Dalip Singh in their possession and prepared inquest report (Ex. A8) on 04.02.2008 at about 2.15 p.m. The dead body was sealed and necessary papers like sketch of the dead body, Police Form No. 13 and sample seal etc. were prepared. PW-4 Dr. Tribhuwan Prasad conducted the post mortem examination on the dead body of Dalip Singh on 05.02.2008, and prepared autopsy report (Ex. A2). He recorded one lacerated wound on the left parietal region, one contused swelling on right forehead, and onecontused swelling on lateral part of left arm. were prepared. PW-4 Dr. Tribhuwan Prasad conducted the post mortem examination on the dead body of Dalip Singh on 05.02.2008, and prepared autopsy report (Ex. A2). He recorded one lacerated wound on the left parietal region, one contused swelling on right forehead, and onecontused swelling on lateral part of left arm. The Medical Officer opined that deceased had died of Coma, due to ante mortem head injury. PW8 Inspector in-charge D.R. Arya conducted investigation and interrogated the witnesses. He inspected the spot and prepared the site plans (Ex. A14 and A15). The Investigating Officer sent the sealed GIRATA (stick used for threshing wheat) to the forensic laboratory, in which, traces of human blood were found. On completion of investigation, the Investigating Officer submitted the charge sheet (Ex. A21) against the accused Puran Singh for his trial in respect of offence punishable under Section 304 of I.P.C. 4. The Chief Judicial Magistrate, on receipt of the charge sheet, after giving necessary copies to the accused, as required under Section 207 of Cr.P.C., committed the case to the court of Sessions for trial. On 01.05.2008, the learned Sessions Judge, Pithoragarh, after hearing the parties, framed charge of offence punishable under Section 304 of I.P.C., against the accused Puran Singh who pleaded not guilty and claimed to be tried. 5. On this prosecution got examined PW-1 Deevan Singh (complainant and eye witness), PW-2 Hayat Singh (another eye witness), PW-3 Arjun Singh (third eye witness), PW-4 Dr. Tribhuwan Prasad (who conducted post mortem examination), PW-5 Prakash Chandra Punetha (who prepared the check report), PW-6 Constable Aan Singh (witness of the recovery of stick used in the crime), PW-7 S.I. Shankar Nath, PW-8 In-charge Inspector D.R. Arya (who investigated the crime). Oral and documentary evidence was put to the accused, under Section 313 of Cr.P.C., in reply to which, he alleged the same to be false. In defence DW-1 Madan Singh and DW2 Narendra Singh Bhandari were got examined. The trial court, after hearing the parties, found that the prosecution has successfully proved the charge against the accused in respect of offence punishable under Section 304 part(1) of I.P.C. and convicted him accordingly. After hearing on sentence, the trial court sentenced the convict Puran Singh under Section 304 Part (1) of I.P.C. and sentenced him after hearing the parties, to rigorous imprisonment for a period of seven years, and directed to pay fine of Rs. After hearing on sentence, the trial court sentenced the convict Puran Singh under Section 304 Part (1) of I.P.C. and sentenced him after hearing the parties, to rigorous imprisonment for a period of seven years, and directed to pay fine of Rs. 20,000/- Aggrieved by said judgment and order dated 29.03.2010, passed by Assistant Sessions Judge, Pithoragarh, in Sessions Trial No. 11 of 2008, this appeal is got sent by the convict from the jail. 6. Before further discussion, this Court thinks it just and proper to mention ante mortem injuries recorded by PW4 Dr. Tribhuwan Prasad in the Autopsy Report (Ex. A2). The ante mortem injuries mentioned in the Autopsy Report are being reproduced below- 1. Lacerated wound of size 5cm x 2 cm bone deep present in the posterior part of left parietal region. 2. Contused swelling of size 4 cm x 2 cm on right forehead 3 cm above the right eyebrow. 3. Contused swelling of size 15 cm x 8 cm on lateral part of left arm. The Medical Officer opined that the deceased had died of coma due to ante mortem injuries. From the medical evidence on record, it is established on record that the deceased died homicidal death on 04.02.2008. 7. Now question before this Court is that whether accused/appellant Puran Singh committed culpable homicide not amounting to murder by causing injuries on the person of the deceased Dalip Singh or not. 8. PW-1 Deevan Singh is son of the deceased, who is also an eyewitness. This witness has stated that on 03.02.2008, there was a sacred thread ceremony (JANEU SANSKAR) of Narendra Singh Bhandari in Village Jajurali and all the villagers were invited in it. He further told that when his father was returning from there he was assaulted by the accused. The witness has further narrated that Hayat Singh (PW2) told him that his father Dalip Singh is being assaulted by accused Puran Singh. According to this witness, he at once rushed towards the spot and saw accused Puran Singh giving blows with GIRATA (A long stick used for threshing wheat). The witness has further proved the First Information Report (Ex A1) lodged on the next day. According to this witness, he at once rushed towards the spot and saw accused Puran Singh giving blows with GIRATA (A long stick used for threshing wheat). The witness has further proved the First Information Report (Ex A1) lodged on the next day. The witness has further told that though he took his father to his house after the incident, but he did not thought that the incident was so serious, which would cause the death of his father. This witness was a student, who was aged less than twenty years on the date of incident. He has been subjected to lengthy cross-examination but there is nothing, which creates reasonable doubt in his testimony. 9. PW2 Hayat Singh and PW-3 Arjun Singh who are also residents of Jajurali have supported the prosecution story. PW-2 Hayat Singh was taking photographs in the sacred thread ceremony of Narendra Singh Bhandari. The presence of these two witnesses, who have narrated the prosecution story as already mentioned above, appears to be natural and trustworthy. The contradictions pointed out by learned Amicus Curiae in the statements of the witnesses are insignificant and minor. 10. Though DW-1 Madan Singh and DW2 Narendra Singh Bhandari, have in an attempt to save the accused stated that they did not see the incident, but that by itself does not create reasonable doubt in the prosecution story, particularly for the reason that according to the prosecution, the incident has not taken place in the house of Narendra Singh Bhandari, but on the Village pathway in front of the closed shop of Gopal Ram. 11. Having reassessed the entire ocular testimony of eyewitnesses and documentary evidence on record, including the recovery memo relating to GIRATA (stick) and that it contained traces of human blood, this Court is convinced that prosecution has sufficiently proved the charge of offence punishable under Section 304 of I.P.C. against the accused/appellant Puran Singh. Therefore this appeal has no force. 12. Accordingly, the appeal is dismissed. Let the copy of this judgment be sent to the Superintendent of the jail concerned for information of the appellant. Lower court record be sent back.