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2019 DIGILAW 1496 (PNJ)

William v. State Of Punjab

2019-05-14

HARINDER SINGH SIDHU, RAJIV SHARMA

body2019
JUDGMENT : Rajiv Sharma, J. This appeal is instituted against judgment and order dated 08.01.2003, rendered by learned Additional Sessions Judge, Ferozepur, in Sessions Trial No. 3 of 2003. Appellants William alias Kali and Santosh alias Toshi were charged with and tried for the offences punishable under Section 302/460 read with Section 34 IPC. Appellant William alias Kali was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,000/-, or in default of payment of fine to further undergo rigorous imprisonment for three months, under Section 302 IPC. He was also convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,000/-, or in default of payment of fine to further undergo rigorous imprisonment for two months, under Section 460 IPC. Appellant Santosh alias Toshi was convicted and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1,000/-, or in default of payment of fine to further undergo rigorous imprisonment for two months, under Section 460 IPC. However, she was acquitted of the charge under Section 302 IPC. 2. During the course of arguments, learned counsel for the appellants stated that appellant Santosh alias Toshi has died during the pendency of the appeal. Hence, appeal qua her stands abated. 3. The case of the prosecution, in a nutshell, is that Rajinder alias Lattu (PW. 7) had lodged complaint Ex. P10. According to the averments, made in the complaint, he along with his nephew Chamkaur alias Gaggu and their family was residing in one haveli' (house) situated in Vehra Lahianwala at Basti Bhatian Wali, Ferozepur City. They were working as labourers. On 01.08.2000, Chamkaur alias Gaggu went to work at the house of Karam Chand. He came back after taking meals. He reached his house late in the evening. However, at about 10.30 PM, accused Santosh alias Toshi accompanied by her son William alias Kali reached the house to lodge a protest with Smt. Salomi alias Bholi, mother of Chamkaur alias Gaggu. According to Santosh alias Toshi, son of Smt. Salomi alias Bholi had abused William alias Kali on the previous day. Smt. Salomi refuted that protest. Smt. Salomi alias Bholi told Santosh alias Toshi that it was her son William alias Kali who had abused Chamkaur alias Gaggu. The hot words exchanged between them. According to Santosh alias Toshi, son of Smt. Salomi alias Bholi had abused William alias Kali on the previous day. Smt. Salomi refuted that protest. Smt. Salomi alias Bholi told Santosh alias Toshi that it was her son William alias Kali who had abused Chamkaur alias Gaggu. The hot words exchanged between them. Accused Santosh alias Toshi raised a lalkara' and exhorted her son, William alias Kali, to teach a lesson to Chamkaur alias Gaggu. Accused William alias Kali took out a small kirpan (Gatra type) from his clothes. He inflicted a blow with the same to Chamkaur alias Gaggu. It hit him on the left side of chest below the nipple. Chamkaur alias Gaggu collapsed on the spot. The complainant, his wife Gagan and Salomi alias Bholi raised alarm. Both the accused ran away from the spot. The complainant arranged a rickshaw. The injured was rushed to the hospital. However, he was declared as brought dead'. The FIR was registered. The body was sent for post mortem examination. The investigation was initiated and challan was put up after completing all the codal formalities. 4. The prosecution examined a number of witnesses. The accused were also examined under Section 313 Cr.P.C. They denied the case of the prosecution. According to them, they had been falsely implicated in the case. The appellants were convicted and sentenced, as noticed above. 5. Learned counsel appearing on behalf of appellant No. 1 William alias Kali has vehemently argued that the prosecution has failed to prove its case. Learned counsel appearing for the State argued that the prosecution has proved its case beyond reasonable doubt. He has supported the judgment and order of the learned Court below. 6. We have heard learned counsel for the parties and gone through the judgment and record very carefully. 7. PW. 2 Dr. Mahesh Chander conducted post mortem examination on the body of Chamkaur alias Gaggu. He noticed the following injury on the person of the deceased:- Incised wound 3 x 1 cm in size on the left front of chest, obliquely placed in the area between 5th and 6th rib of left side, 5.5 cm from the midline and 4 cm below the left nipple, going deep through the muscles and soft tissue injuring the heart on fronto-lateral side. Clotted blood was present around the wound and dark coloured blood inside. Clotted blood was present around the wound and dark coloured blood inside. On dissection-Soft tissues and muscles injured in the area of the injury. Left pleura ruptured, left lung congested, left side of chest full of dark coloured blood. An incised wound 2 cm long was present on the antero lateral side of pericardium and left ventricle of heart going deep upto the cavity of left ventricle. Wound was obliquely placed. Pericardium was full of dark coloured blood and heart was empty and large vessels were looking pale. 8. According to him, the cause of death was haemorrhage and shock as a result of injury to the vital organ, i.e. heart. The injury was ante-mortem in nature and sufficient to cause death in ordinary course of nature. The probable time that elapsed between injury and death was immediate and between death and post-mortem was within 12 hours. 9. PW. 3 Krishan Lal prepared the scaled site plan Ex. P7. 10. PW. 7 Rajinder alias Lattu is the eye witness. According to him, on 01.08.2000 at about 10.00 PM, Chamkaur alias Gaggu had reached back home after finishing the work. Accused Santosh alias Toshi and William alias Kali came to his house. They lodged protest with his brother's wife Salomi alias Bholi that her son Gaggu had abused William. His brother's wife Salomi told that it was Toshi's son who had abused her son. It was about 10.30 PM. Thereafter, wordly altercation (tu-tu-mai-mai) ensued between them. The light was on. Accused Toshi raised a lalkara that Gaggu should be caught hold of and taught a lesson for abusing William alias Kali. Accused William took out a small kirpan (sword) from his clothes and inflicted an injury on the person of Chamkaur alias Gaggu. It hit him on the chest on the left side, just below the nipple. He and his wife Gagan and his brother's wife Salomi raised alarm. Accused ran away from the spot. The injured was admitted to the hospital, where he was declared dead by the doctors. Chamkaur used to visit one Kuldip Singh son of Ajaib Singh of Basti Bhatian but William used to check him from visiting Kuldip Singh. That was the motive. In his cross-examination, he deposed that the occurrence took place within two-three minutes. The injured bled profusely. 11. PW. 8 Smt. Gagan corroborated the statement of PW. Chamkaur used to visit one Kuldip Singh son of Ajaib Singh of Basti Bhatian but William used to check him from visiting Kuldip Singh. That was the motive. In his cross-examination, he deposed that the occurrence took place within two-three minutes. The injured bled profusely. 11. PW. 8 Smt. Gagan corroborated the statement of PW. 7 Rajinder regarding the manner in which the accused reached the spot and injury was inflicted on the body of Chamkaur alias Gaggu. She categorically deposed that hot words were exchanged between the parties. Thereafter, accused Santosh raised lalkara and accused William inflicted a blow on chest of Chamkaur with small kirpan. The kirpan blow hit him in the left side of chest just below nipple. She identified the kirpan Ex. MO-1. 12. PW. 10 Salomi alias Bholi is the mother of deceased Chamkaur alias Gaggu. She deposed that her son Chamkaur alias Gaggu came back at 10.30 PM. In the meanwhile, accused Santosh alias Toshi and her son William alias Kali reached the spot. The light was on. Toshi lodged protest why her son rebuked her son William. It led to exchange of hot words between them. On this, Santosh alias Toshi raised a lalkara to teach a lesson to her son Gaggu for rebuking William. Accused William took out a small kirpan (Gatra) from his clothes. He inflicted a blow on the left side of chest of her son. The occurrence was also witnessed by Mrs. Gagan, her husband's younger brother's wife and also by Rajinder, her husband's younger brother. They raised alarm. Accused ran away. Rajinder arranged a rickshaw. The injured was removed to hospital. In her cross-examination, she deposed that the blood spilled at about 2-3 feet space. 13. PW. 12 Bhajan Singh deposed that accused William was arrested. He made a disclosure statement, on the basis of which he got a small sword (Gatra) recovered. The statement is Ex. P14. 14. PW. 13 Jagjit Singh recorded the statement of Rajinder alias Lattu, Ex. P10. FIR was registered. The post mortem was also got conducted. A blood stained brick was dug out from the place of occurrence. Accused William made a disclosure statement Ex. P14. He got the kirpan recovered. It was taken into possession vide memo Ex. P16. The sketch of kirpan is Ex. P15. 15. The FSL report is Ex. P21. P10. FIR was registered. The post mortem was also got conducted. A blood stained brick was dug out from the place of occurrence. Accused William made a disclosure statement Ex. P14. He got the kirpan recovered. It was taken into possession vide memo Ex. P16. The sketch of kirpan is Ex. P15. 15. The FSL report is Ex. P21. According to this report, the brick was stained with human blood. 16. The case of the prosecution precisely is that appellant William alias Kali and his mother Santosh alias Toshi visited the house of the complainant. Santosh alias Toshi lodged protest with PW. 10 Salomi alias Bholi. According to her, PW. 10 Salomi's son Chamkaur alias Gaggu had rebuked her son. Hot words were exchanged. Santosh alias Toshi exhorted her son William alias Kali to teach a lesson to Chamkaur alias Gaggu. Appellant William alias Kali took out a kirpan (small sword) and inflicted injury on left side of the chest of Chamkaur alias Gaggu, just below the nipple. He was rushed to the hospital, where he was declared brought dead'. The motive attributed to appellant William alias Kali is that he used to dissuade the deceased from meeting Kuldip Singh. 17. It has come in the statements of PW. 7 Rajinder alias Lattu, PW. 8 Smt. Gagan and PW. 10 Salomi alias Bholi that hot words had been exchanged between the parties before appellant William alias Kali took out kirpan and inflicted blow on the chest of Chamkaur alias Gaggu. The prosecution neither sent the kirpan nor the clothes for FSL examination. It was not a pre-meditated act. Santosh alias Toshi had reached the house of the complainant party only to lodge protest why PW. 10 Salomi alias Bholi's son Chamkaur alias Gaggu had rebuked her son. It was only thereafter that a single injury was inflicted on the person of Chamkaur alias Gaggu. 18. Learned counsel appearing on behalf of the appellant No. 1 vehemently argued that this case would not fall under Section 302 IPC, but will fall under Section 304 Part II IPC. The fact of the matter is that this case would fall within the ambit of Section 304 Part I IPC, since appellant William alias Kali had the intention to cause death of Chamkaur alias Gaggu. As per the post mortem report Ex. The fact of the matter is that this case would fall within the ambit of Section 304 Part I IPC, since appellant William alias Kali had the intention to cause death of Chamkaur alias Gaggu. As per the post mortem report Ex. P2, the cause of death was haemorrhage and shock as a result of injury to the vital organ, i.e. heart. The injury was ante-mortem in nature and sufficient to cause death in ordinary course of nature. Only one injury was inflicted on the person of Chamkaur alias Gaggu. It is not a case, where repeated injuries were inflicted on the body of the deceased. The appellant was 18 years of age at the time of the incident, and the deceased was also only 20 years old. Thus, conviction of appellant William alias Kali for the offence punishable under Section 302 IPC is converted to Section 304 Part I IPC. 19. Appellant William alias Kali had committed lurking house trespass by night, by causing injury with kirpan (small sword), which proved fatal. Hence, his conviction under Section 460 IPC is upheld. However, his sentence under Section 460 IPC is reduced to seven years and to pay a fine of Rs. 500/-, or in default of payment of fine to further undergo rigorous imprisonment for one month. 20. Accordingly, the appeal qua appellant William alias Kali is partly allowed and the conviction of appellant No. 1 William alias Kali is converted from Section 302 IPC to Section 304 Part I IPC. 21. Appeal qua appellant Santosh alias Toshi, who has died during the pendency of the appeal, is abated. 22. Appellant William alias Kali is on bail. The State is directed to produce him in this Court on 24.05.2019 to be heard on quantum of sentence under Section 304 Part-I IPC.