Research › Search › Judgment

Punjab High Court · body

2014 DIGILAW 1598 (PNJ)

Sat Pal v. State of Haryana

2014-11-21

DARSHAN SINGH, M.JEYAPAUL

body2014
JUDGMENT Mr. M. Jeyapaul, J.: - Accused Satpal who was none other than the brother of the deceased Satbir having been convicted by the trial Court for offence under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.2000/- and in default of payment of fine, to further undergo R.I. For three months has come forward with the present appeal challenging the same. 2. It is the brief case of the prosecution that the accused Satpal proceeded to his field for ploughing along with his mother and other brother namely Udai Pal (PW9). The accused Satpal inquired about deceased Satbir. It was replied by his mother and brother that he had been at the house. The further story of the prosecution is that accused Satpal proceeded to the house after the work was over by 2.00 P.M. and having found his brother Satbir lying on a cot, he got enraged and asked him why he had not come to the field. As the deceased Satbir had informed him that he was not prepared to work during summer, Satpal picked up a Kulhari which was lying over there and delivered 3 blows on his neck and as a result of which Satbir died on the spot. 3. It was only PW9 Udai Pal, the brother of the deceased Satbir who set the law in motion by lodging the First Information Report. The mother of the accused and the deceased, namely, Bhagwani (PW10) was also examined as one of the ocular witnesses to the occurrence. Unfortunately, PW9 Udai Pal and PW10 Bhagwani turned wholesale hostile to the case of the prosecution. 4. The weapon of offence, namely, Kulhari with blood stains was recovered from the scene of occurrence by the Investigating Official. The same was sent for chemical examination. The report of FSL would disclose that blood stains were found on Kulhari which was recovered from the scene of crime. PW12 Mukhtiar Singh produced the accused along with blood stained clothes on the person of the accused. The blood stained clothes were recovered on arrest made by the Investigating Official. 5. PW7 Dr. J.B.,Sharma conducted post mortem examination on the dead body of Satbir on 17.7.2001 at about 10.00 A.M. He found the following injuries on the person of the deceased :- i). The blood stained clothes were recovered on arrest made by the Investigating Official. 5. PW7 Dr. J.B.,Sharma conducted post mortem examination on the dead body of Satbir on 17.7.2001 at about 10.00 A.M. He found the following injuries on the person of the deceased :- i). Thyroid cartilage and bone both sides of sternum mastoid muscle external jugular veins. External carotid artery/veins are cut by sharp edges weapons. All the four incised wounds were present at the same site at different angles starting from the interior of chin to the lower part of the neck. ii). Abrasion on the right side of the neck was present at two places. iii). Larynx and tracheas-all parts were cut and were not traceable separately. iv). Oesophagus was cut at the injury side. Underlying vertebra was also cut. T-3 and T-4 were cut and fractures. The rest of the organs were healthy and normal. 6. Having conducted post mortem examination, PW7 Dr. J.B. Sharma came to the conclusion that the deceased died due to shock and haemorrhage on account of injuries described by him. All the injuries were certified ante mortem in nature and were sufficient to cause death in the ordinary course of life. 7. The accused Satpal responded to the question under Section 313 Cr.P.C. by pleading that he was innocent but was falsely implicated in a case of blind murder. It is his further submission that the entire recoveries were fabricated by the police. His clothes were not at all stained with blood, he has further contended. 8. The learned counsel appearing for the appellant would submit that the star witnesses PW9 Udai Pal and PW10 Bhagwani, the brother and mother respectively of the deceased had completely turned hostile to the case of the prosecution. Inasmuch as the blood stained Kulhari was not recovered at the instance of the accused, the recovery of Kulhari would not point the guilt of the accused. It is his further submission referring to the evidence of PW12 Mukhtiar Singh that accused did not spot any blood stained clothes at the time when PW12 surrendered the accused to the police. In the above background, the learned counsel appearing for the appellant would submit that the appellant is entitled to acquittal. 9. It is his further submission referring to the evidence of PW12 Mukhtiar Singh that accused did not spot any blood stained clothes at the time when PW12 surrendered the accused to the police. In the above background, the learned counsel appearing for the appellant would submit that the appellant is entitled to acquittal. 9. The learned counsel appearing for the State would submit that despite the witnesses who are closely related to the accused turning hostile to the case of the prosecution, the recovery of blood stained Kulhari from the house of the accused and the blood stained clothes from his person would unerringly point to the guilt of the accused. 10. The fact remains that the star witness PW9 Udai Pal, the complainant in this case and PW10 Bhagwani, the mother of the deceased, had not chosen to support the case of the prosecution. They have a reason to turn hostile to the case of the prosecution, being the blood brother and mother of the accused. It may be a case where they had thought it fit not to sacrifice any more family member. 11. Despite the hostility exhibited by the star witnesses, we find that the prosecution has come out with two material evidences to support its case, viz. the blood stained Kulhari recovered from the scene of occurrence and the FSL report which would support the case that the Kulhari was found blood stained. A stranger who trespassed upon the house of the deceased and caused the death of the deceased would not have left the weapon when he slipped away from the scene of crime. There was no explanation from the accused as to how a blood stained Kulhari was found inside the house where he resided. The very important evidence available on record is the blood stained clothes on the person of the accused. It is not as if the accused was apprehended after few days of the occurrence. He was apprehended on the very day of occurrence, of course, with the assistance of PW12 Mukhtiar Singh. Though Mukhtiar Singh made an attempt to resile from his original version that the accused was found with blood stained apparels, the Investigating Officer who took the accused has categorically stated that the clothes worn by the accused contained blood stains. 12. He was apprehended on the very day of occurrence, of course, with the assistance of PW12 Mukhtiar Singh. Though Mukhtiar Singh made an attempt to resile from his original version that the accused was found with blood stained apparels, the Investigating Officer who took the accused has categorically stated that the clothes worn by the accused contained blood stains. 12. The accused has come out with an explanation that a fabricated recovery was shown by the Investigating Officer. Even a witness who had resiled had deposed that in fact the clothes were recovered by the police from the accused when he was present. Therefore, the explanation submitted by the accused that a fabricated recovery was made falls flat. 13. The clothes recovered from the deceased and the clothes recovered from the accused were sent for chemical examination. The FSL report Ex. P36 would unambiguously establish that the group of blood found on the apparels of the deceased did tally with the blood group found on the apparels of the accused. Such a clinching circumstance available on record establishes that it was only the accused who caused the death of his brother Satbir. Therefore, in our view, the trial Court has rightly come to the conclusion that accused Satpal caused the death of his brother Satbir. 14. Coming to the exact offence which was committed by the accused, we fall back on the First Information Report where a clue is found that the accused having suddenly got enraged over the reply given by the deceased that he had no idea to work in the field during summer, picked up a Kulhari from the house and launched a sudden attack on his brother. Further, it is found that the accused had in fact toiled hard upto noon in the field and thereafter had come to the house. Having found that his brother was just lying idle on the bed, he had got enraged. The reply given by him in a non chalant manner provoked him to launch an attack with the weapon which was just lying in the house. In the above facts and circumstances, in our view, as rightly charged in the First Information Report, the accused had committed only an offence under Section 304 Part 1 of the Indian Penal Code. 15. In the above facts and circumstances, in our view, as rightly charged in the First Information Report, the accused had committed only an offence under Section 304 Part 1 of the Indian Penal Code. 15. Coming to the quantum of sentence, we find that the accused was 21 years of age at the time when he committed the offence. After all, without any pre meditation, on account of the provocation given by his brother who was just lying on the cot he attacked him and caused his death. The accused has already undergone 5 years, 1 month and 6 days before ever he was released on bail, on suspension of sentence by this Court. In our view, it would be in the fitness of things and also in the interest of justice to sentence the accused to the period already undergone by him. 16. In view of the above, modifying the conviction and sentence passed by the trial Court, the accused is convicted under Section 304 Part 1 of the Indian Penal Code and is sentenced to undergo the period already undergone by him. As regards the imposition of fine, the same stands maintained. He shall pay the fine within one month from the date of this order. Thereupon, the bail bond executed by him shall stand discharged. Thus, the appeal is allowed in part. ---------0.B.S.0------------ —————————