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2013 DIGILAW 722 (PNJ)

Kali v. State of Punjab

2013-05-27

INDERJIT SINGH, M.JEYAPAUL

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M. Jeyapaul, J.— 1. Accused Kali was convicted under Section 302 of the Indian Penal Code and was sentenced to undergo life imprisonment and to pay a fine of Rs.5000/- and in default to undergo a further period of one year rigorous imprisonment. 2. Aggrieved by the judgment of conviction and sentence passed by the trial Court he has preferred the present appeal. 3. It is the case of the prosecution that Soma Rani (since deceased) was married to one Binder Singh. Soma Rani and Binder Singh stayed in the house of PW5 Manjit Kaur after the demise of the husband of Manjit Kaur. PW5 Manjit Kaur and Soma Rani used to do domestic work in different houses to make both ends meet. On 7.8.2006 at about 2.30 P.M., PW5 was returning to her house after completing the domestic work in various houses. When her daughter Soma Rani reached near the State bank of India building located in Street No. 2, the accused Kali who was hiding himself nearby emerged over there and caught hold of Soma Rani by her hair and inflicted six or seven blows with a Dagger and as a result of which she fell down on the ground and died. Accused Kali fled away from the spot with the weapon of offence. 4. PW5 Manjit Kaur suffered a statement Ex.P6 to PW6 ASI Kuldip Chand. A formal First Information Report was registered based on such a statement of PW5. PW6 proceeded to the scene of occurrence along with PW5, held inquest and prepared report Ex.P7. The dead body of Soma Rani was consigned to the Civil Hospital, Ferozepur for performing autopsy. PW3 Dr. T.D. Gupta, Medical Officer attached to Civil Hospital, Ferozepur conducted post mortem examination on the dead body of Soma Rani on 7.8.2006. He found the following injuries on the dead body of Soma Rani :- 1. Incised wound 3.5 cm x 1 cm present 6.5 cm toward right of umbilicus. On dissection the underlying tissues were congested and infilterated with blood. On further dissection the wound was found to be communicated with abdominal cavity and the part of the upper small intestine was found punctured and lower part of the stomach was also found punctured. Abdominal cavity contained about 200 Mls of blood. All the tissues were found infliterated with blood and congested. 2. On further dissection the wound was found to be communicated with abdominal cavity and the part of the upper small intestine was found punctured and lower part of the stomach was also found punctured. Abdominal cavity contained about 200 Mls of blood. All the tissues were found infliterated with blood and congested. 2. Incised wound measuring 2.5 cm x 2 cm present over the right side of the lower abdomen. 13 cm from umbilicus and intestinal part was seen coming out of it. On dissection the underlying tissues were found congested and infilterated with blood. On further dissection the part of small intestine was found punctured. 3. Incised wound measuring 1 cm x 1 cm on the left side of lower abdomen, 9 cm from the left anterior superior iliac spine. 4. Incised wound 4 cm x 3 cm at the upper part of the anterior aspect of left fore-arm. 5. Incised wound 4 cm x 2 cm at the upper and lateral part of left fore-arm, 11 cm from olicrenan. 6. Incised wound of 3 cm x 1 cm at the back of left forearm, 10 cm below the olicrenan. 7. Incised wound of 5 cm x 2 cm, 12 cm below the olicrenan on the back of left fore-arm. 8. incised wound of 5 cm x 3 cm on the back left arm 11 cm above the olicrenan. 9. Incised wound 3 cm x 2 cm on the outer aspect of right upper part of right fore-arm, 11 cm from olicrenan. 5. He opined that the deceased had died due to hemorrhage and shock on account of the injuries she sustained in the vital organs. 6. PW6 arrested the accused and on the basis of disclosure statement Ex.P9 suffered by the accused the Dagger which was already washed after use in the offence was recovered under memo Ex.P10. After completing the investigation, PW6 laid final report as against the accused. 7. The accused set up a plea in his statement under Section 313 Cr.P.C. that a false case was foisted on him as PW5 suspected that the accused had maintained illicit relationship with the deceased Soma Rani. 8. The trial Court having heavily relied upon the evidence of PW5 and the recovery of the weapon on the basis of disclosure statement suffered by the accused and the medical evidence on record recorded conviction as against the accused. 9. 8. The trial Court having heavily relied upon the evidence of PW5 and the recovery of the weapon on the basis of disclosure statement suffered by the accused and the medical evidence on record recorded conviction as against the accused. 9. The learned counsel appearing for the appellant would submit that PW5 was not an eyewitness to the occurrence. She was brought later on by the Investigating Officer and was cited as an eyewitness. It is her further submission that the accused could not have come rushing towards the victim at the time of occurrence with a Dagger in his hand as his lift leg had already been amputated. It is her further submission that the weapon allegedly recovered from the accused would not in any way indicate the involvement of the accused. 10. We heard the submission made by the learned Additional Advocate General appearing for the State supporting the verdict of conviction and sentence passed by the trial Court. 11. PW5 is the mother of the deceased Soma Rani. They belong to a very poor family. PW5 has also lost her husband. She thought it fit to take her daughter Soma Rani and her husband into her fold after the demise of her husband. PW5 has categorically stated that she and her daughter had to eek out their livelihood by doing domestic work in various houses. The occurrence had taken place at 2.30 P.M. in a broad day light in front of the State Bank of India building. PW5 had followed her daughter who was proceeding in front after finishing the domestic work in various houses. In the above circumstances the presence of PW5 at the scene of occurrence just behind her daughter is found to be quite convincing. 12. The occurrence had taken place at 2.30 P.M. She had suffered statement before PW6 at 3.30 P.M. itself. The F.I.R. was registered at 4.00 P.M. and it reached the learned Judicial Magistrate at 8.35 P.M. itself. There had been no time gap for fabricating the First Information Report. The accused was also arrested on the very same day by PW6. The weapon of offence also was recovered based on the disclosure statement suffered by the accused on the very same day. 13. PW5 would state that the accused wanted to have some relationship with Soma Rani but that was resisted. The accused was also arrested on the very same day by PW6. The weapon of offence also was recovered based on the disclosure statement suffered by the accused on the very same day. 13. PW5 would state that the accused wanted to have some relationship with Soma Rani but that was resisted. As a result of which she was murdered by the accused. A suggestion was put to PW5 by the accused that the accused infact maintained illicit relationship with Soma Rani. Of course, PW5 denied it. The accused also in his statement under Section 313 Cr.P.C. has come out with a version that PW5 suspected that the accused had developed illicit relationship with the deceased and that, therefore, he was falsely implicated. At any rate, we find that there was a motive for the murder. The ocular testimony of PW5 is found to be reliable and trustworthy. There is no reason for PW5 to implicate the accused, if at all somebody else was involved in the murder of her daughter. 14. Of course, the prosecution should have examined some other independent witness to the occurrence which took place in the broad day light in a thoroughfare. The Court cannot loose sight of the reality that a person who actually witnessed the crime gives a slip to the police who have embarked upon an investigation of a heinous crime. We cannot put the entire blame on the witnesses who fail to cooperate with the Investigating agency. Unfortunately, there is no witness protection policy in our country. An eyewitness who deposes before the trial Court in a heinous crime is not sure of his life. Further, such a witness will have to go to the police station and then to the Court, causing inconvenience to his schedule of work. Only the witnesses who are committed to the cause of the justice delivery system and the welfare of the society at large boldly comes before the Court to speak to the truth. Such rare species cannot be found in all cases. Therefore, non examination of an independent eyewitness to the occurrence cannot be the sole reason to reject the evidence of an eyewitness who was related to the victim, more especially when the presence of such a relative witness at the scene of crime does not provide any room for doubt. 15. Such rare species cannot be found in all cases. Therefore, non examination of an independent eyewitness to the occurrence cannot be the sole reason to reject the evidence of an eyewitness who was related to the victim, more especially when the presence of such a relative witness at the scene of crime does not provide any room for doubt. 15. There is no evidence on record to show that the left leg of the accused appellant was amputated. Therefore, a submission made by the learned counsel appearing for the appellant that the accused could not have committed the murder does not appeal to us. 16. We find that the trial Court has rightly appreciated the evidence on record and recorded conviction and sentence as stated supra as against the accused. There is no merit in the appeal. Therefore, confirming the judgment of conviction and sentence recorded by the trial Court, the appeal stands dismissed.