Surjeet Singh vs State Of H.P
2021 Latest Caselaw 1676 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. Appeal No. 94 of 2018.

Reserved on: 26th February, 2021.

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                     Date of Decision:    5th March, 2021.





    Surjeet Singh                            .....Appellant.

                           Versus

    State of H.P.                            ....Respondent.

    Coram
                    r          to

The Hon'ble Mr. Justice Sureshwar Thakur, Judge. The Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge.

Whether approved for reporting? Yes.

For the Appellant: Ms. Sheetal Vyas, Advocate.

For the Respondent: Mr. Hemant Vaid, and, Mr. Narender Guleria, and, Mr. Ashwani Sharma, Additional Advocates General with Mr. Vikrant Chandel, Dy. A.G.

_______________________________________________________ Per Sureshwar Thakur, Judge.

The accused/appellant herein, has through, the

impugned judgement, rendered by the learned Additional

Sessions Judge-1, Kangra at Dharamshala, District Kangra,

H.P., upon, Session Case No.3-N/VII/2015, become

convicted, for a charge drawn, against him, under Section

302 of the IPC, and, in consequence thereof sentence, of

life imprisonment has been imposed upon him, and, he

has also been sentenced to pay a fine of Rs.10,000/-, and,

in default of payment of fine amount, he was sentenced to

further undergo simple imprisonment for a term of one

.

year.

2. The convict/accused/appellant herein, becomes

aggrieved therefrom, hence, through, casting the extant

appeal before this Court, he has strived to beget

reversal(s) of the afore made conviction, and, the afore

consequent therewith sentence(s) hence imposed, upon

him, under the afore verdict.

3. The genesis of the prosecution story, is,

embodied in a statement made by the brother of the

deceased Santosh Kumari, the legally married spouse of

the convict/accused, statement whereof is embodied in

Ex.PW1/A. In the afore exhibit, in pursuance whereof,

formal FIR, embodied in Ex.PW13/B, became registered

with the police station concerned, narrations are borne qua

the deceased Santosh Kumari, being married, to accused

Surjeet Singh, in the year 2004, and, though for a spell, of,

time their inter se relations remained cordial. However,

the convict in connivance with his sister, and, brother-in-

law, after elapse of some time, commencing to raise

demand of dowry, upon, the family of the deceased, in

pursuance whereof, a tractor was given to him. However,

thereafter the convict/accused is narrated therein to also

demand a sum of Rs.3 lacs, and, thereafter Rs. 2 lacs,

.

through his deceased spouse Santosh Kumari. Even the

afore demands were fulfilled, yet 4 to 5 months prior to

the occurrence, the accused/convict again demanded Rs.

Five lacs, and, as, the afore demand could not be fulfilled,

for want of funds with the parents of the deceased, the

convict/accused in league with his brother-in-law (jija)

assaulted, the elder brother of the deceased with a knife,

hence inside his house. However, in respect thereof, no

complaint was lodged. Nonetheless about one month prior

to the occurrence, the accused again demanded Rs. One

lakh, from the father, of the deceased, for begetting

repairs of his bus, and, it is narrated therein to be paid to

the accused. On 6.10.2014, the deceased, is, narrated to

visit her parental house, and, hers disclosing, that her

sister-in-law, and, her husband again demanded Rs. Five

lacs, for purchasing land, and, that the accused is

threatening to do away with her life, if the afore demand is

not fulfilled. Since, the father of the deceased meted an

assurance to her that he would arrange the afore amount

within 10 to 15 days, thereupon, it is narrated in Ex.PW1/A

that hence she had proceeded to her matrimonial home.

On 7.10.2014, there was a Jagran at the matrimonial home

of the deceased, but the family members of the deceased

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remained un-invited, as they, had not fulfilled the afore

demands. Furtheronwards, on 8.10.2014, the family

members of the deceased, were apprised, by the Pradhan,

that the accused, and, his sister along with his brother-in-

law, who reside at Thamkaur, murdered the deceased,

and, the afore led the brother of the deceased to make the

afore exhibit(s), before the police station concerned.

4. The entire prosecution case, is, squarely

harboured, upon, circumstantial evidence, and, each of the

links in the chain of circumstances, are to be unflinchingly

proven, as, thereupon, alone the charge drawn against

the accused under Section 302 of the IPC, would become

efficaciously proven.

5. A perusal of the LINK evidence on record, as,

became collected by the Investigating Officer, during the

course of his conducting investigations, (i) unfolds that at

the relevant time, from the site of occurrence, as, depicted

in the site plan borne in Ex.PW22/B, his collecting on

cotton swab, Ex.P-3, the blood, as had oozed, from the

antemortem injuries, carried on the body of deceased

Santhosh Kumari. The afore collection(s), of blood,

occurring at the site of occurrence, was enclosed in a

plastic container, wheretowhich Ex.P-2 became

.

designated, thereafter, it became enclosed in a cloth

parcel whereto which Ex.P-7 became designated. The

proceedings, drawn, under Section 174 of the Cr.P.C., are,

embodied in Ex.PW2/C. Furthermore, the investigating

officer concerned, collected from the site of occurrence,

the alleged weapon of offence, inasmuch, as, "Pattara",

wheretowhich, Ex.Px-3 became designated, and, the afore

became enclosed in a cloth parcel wheretowhich Ex.P-4

became designated. The afore recoveries, as became

effectuated, from the site of occurrence, by the

investigating officer, were made, through recovery

memos, respectively embodied in Ex. PW2/B, and, in

Ex.PW4/A.

6. The body of deceased Santosh Kumari, was

initially subjected to autopsy, by the doctor concerned, at

Civil Hospital, Nurpur, hence, on 8.10.2014. However, in

the relevant postmortem report, wheretowhich Ex.PW8/D

became designated, no firm opinion becomes given, vis-a-

vis, the exact, and, precise cause of demise of deceased

Santosh Kumari, and, for the afore purpose, the body of

deceased, became referred to Government Medical

College, Kangra at Tanda. The post mortem report,

embodied in Ex.PW11/A, unfolds the antemortem injuries

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carried on the body of the deceased, as, became put to

autopsy, by the doctor concerned at Government Medical

College, Tanda. The antemortem injuries, as, became

noticed by the doctor concerned, to, become borne on the

body of the deceased, are extracted hereinafter:-

" 1. An incised looking lacerated would measuring 10x7.2 cm inverted triangular ins hape was present over right side of forehead and frontal

region of scalp. The lower end was 1cm lateral to

lateral canthus of right eye and upper end 8 cm above pinna of right ear. Frontal bone was exposed. Clotted blood was present. Edges were

not bruised.

2. An incised looking lacerated would, 4 x 0.6 x0.2 cm was present on left parietal region of skull

obliquely 6.5 cm above pinna of left ear clotted blood was present and edges were not bruised.

3. Diffuse swelling along with ectopic contusion (black eye) was present around both eyes in an

area of 5x3 cm on right side and 4 x2.5 cm on left side.

4. A reddish abrasion 1.5 x 1 cm was present on right side of face over angle of mandible and was 8 cm below pinna of right ear.

5. A reddish abrasion 0.2 x0.1 cm was present on the right side of the face 1.1 cm below angle of mouth.

6. Two red coloured contusions of size 0.2 x0.2 cm and 0.2 x 0.1 cm was present on inner mucosa of

lower lip towards right side and cener of lip. No associated injury of gums, teeth and tung was appreciable.

7. A bluish coloured bruise 4 x4 cm was present on the back of left arm about its middle 7.2 cm above

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elbow prominence.

8. A Lacerated would with clotted blood, measuring 1 x 0.2 cm was present on the palmar

aspect of distal interphalangeal joint of right ring figure underlying bone was exposed and fractured. On dissection of neck there eas no injury appreciable to soft tissue, bone and cartilages.

II. Cranium and Spinal Cord.

Scalp was soiled with blood. Subgaleal Haematomas were present below injury No.1 and

2.

Blood clots/Haematoma was present below injury No.1 on the right frontal area below scalp.

There was no fracture of vault and base of skull. Diffuse subdural and subarachnoid hoemorrhages were present in right frontal, parietal and temporal

region (more than 100 ml). Blood clots were present at the base of skull/around brain stem with a contusion over it.

III. Thorax.

1. Walls ribs and cartilages.- As described there was no fracture of ribs, cartilages, sternum and calvicale.

2. Pleura.- Congested.

3. Larynx and Trachea.- congested.

4. Right Lung.- Both lungs were congested and on dissection find fourth came out of them.

5. Left Lung----

6. Pericardium, Heart, Large vessels.- Pericaridial sac contained about 15 ml straw coloured flud. Heart was full of dark fluid blood on right side. Coronaries were patent."

A perusal of the opinion carried therein, and, appertaining

to the cause of demise of deceased Santosh Kumari, also

fails to attribute the precise, and, exact cause of demise of

.

the deceased, as, therein echoings occur, that the afore

opinion being purveyable only, upon, the Chemical

Examiner concerned, working at the RFSL concerned,

making his opinion, upon, the items of the deceased,

inasmuch, as, upon, bra, Ex.Px-8, salwar, Ex.Px-7, and,

shirt, Ex.Px-7, of the deceased, and, also upon, his making

an opinion, upon, vial of blood, Ex.Px-9, as, becomes

reflected in Ex.PW11/A, to become collected from the body

of deceased Santosh Kumari.

7. Be that as it may, through, road certificate,

Ex.PW16/A, cotton swab, Ex.P-3, enclosed in a container,

Ex.P-2, whereafter both became enclosed in a sealed cloth

parcel, Ex.P-1, all whereof(s),, became collected, through,

Ex.PW2/B, from the site of occurrence, (i) and, also the

weapon of offence i.e. "Patra", and, wheretowhich Ex.P-3,

became designated, and, as, became recovered from the

site of occurrence through recovery memo, embodied in

Ex.PW4/A, (ii) besides whereafter it became enclosed in a

cloth parcel, Ex. Px-4, (iii) moreover, as, reflected in

Ex.PW16/A, the shirt of the deceased, wheretowhich,

Ex.Px-6 became designated, and, her salwar,

wheretowhich, Ex.Px-7 became designated, and, her bra,

whereto which, Ex.Px-8 became designated, besides her

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blood, extracted from her body, and, as became, enclosed

in a blood vial, wheretowhich Ex.Px-9 became designated,

rather all the afore incriminatory pieces of evidence,

hence, therethrough(s) became sent to the Chemical

examiner working at the FSL concerned. The Chemical

Examiner concerned in his report, embodied in in Ex. Px-2,

has pronounced thereon(s), the hereafter extracted result:-

"Human blood of group 'AB' was detected in

exhibit-2a (shirt, Santosh Kuari), exhibit-2b (salwar, Santosh Kumari), exhibit -2c (bra, Santosh Kumari), exhibit-3 (blood sample, Santosh Kumari), exhibit-

5a, (pants, Surjeet Kumar), exhibit 5-b (shirt, Surjeet Kumar), exhibit-7 (blood lifted on cotton swab from the spot) and exhibit-8 (blood stained

mini table-patra)."

Ex-facie, the afore extracted result, as, becomes carried, in

the report of FSL, wheretowhich EX.Px-2, becomes

designated, when remains uncontested, by cogent

dislodging evidence, qua therewith, becoming adduced by

the defence, and, comprised either in repelling thereto

cross-examination becoming conducted, upon, the author

thereof, (a) or upon the adduction of report(s) of any other

FSL concerned, outside the State of Himachal Pradesh,

carrying judicially accepted probative vigour, and,

evidentiary worth, higher than, as carried by the hererat

report, of, the FSL concerned. However, both the afore

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endeavours, for, hence forestalling the efficacy of the afore

extracted results, hence, carrying the completest

tenacious overtones, vis-a-vis, the incriminatory

participation, of, the accused, in the relevant assault, as,

made upon Santosh Kumari, remained unrecoursed,

thereupon, the utmost probative vigour, and, evidentiary

solemnity, becomes enjoined to be meted thereto.

8. Be that as it may, the prosecution also, though,

can make, the, completest reliance, hence, upon the afore

extracted result, as, made by the Chemical Examiner

working, at the FSL concerned, (i) however, it also

becomes imperative, upon the prosecution, to sustain the

prior thereto links, in the chain of circumstances, which,

ultimately consummated, in the afore result, being

pronounced by the FSL concerned, in its apposite report,

(ii) inasmuch, as the prosecution became enjoined to

prove Ex.PW2/B, (iii) wherethrough, from the site of

occurrence, upon cotton swab Ex.P-3, the blood, as oozed

from the fatal head injury, as became inflicted, upon the

body of the deceased, by the accused through his

belabouring her with 'Patra", Ex.Px-3, hence, became

collected. The witnesses, to, Ex.PW2/B are one Kamal

Singh, and, one Raj Kumar. Both the afore stepped into the

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witness box respectively as PW-2, and, PW-3, and, during

the course of their respective cross-examinations, both

proved, the factum of their authentic signatures occurring

thereon. Despite theirs being put to the ordeal, of, a

rigorous cross-examination, no efficacious suggestion

became put to them rather personificatory, vis-a-vis,

therethrough the defence attempting to scuttle the

narratives, as occur, in Ex.PW2/B. Sequel thereof, begets

an inference qua Ex.PW2/B, becoming validly drawn and,

also since the afore cotton swab, after being put inside a

container, became ultimately enclosed in a cloth parcel,

Ex.P-1, and, thereafter it through road certificate,

embodied in Ex.PW16/A, became sent to the FSL

concerned, and whereons, after making apposite

matching, of, blood stains borne thereon(s), with the

blood, of the deceased rather collected, in a vial, Ex.Px-9,

by the doctor concerned, working at Government Medical

College, Tanda, the author of the report of the FSL, borne

in Ex.Px-2 (a) pronounced qua the cotton swab carrying

the blood group of the deceased, (b) besides also sparks

an unflinching conclusion, that the unbroken, and,

untampered, respective collections, and, dispatches

thereof, to the FSL concerned, and, also obviously the

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result(s) pronounced thereons, by the FSL concerned,

completely nailing the charge drawn against the accused.

9. The prosecution obviously also became

enjoined to likewise prove qua Ex.Px-3, exhibit whereof, is

the weapon of offence, inasmuch, as, it, after its collection

through Ex.PW4/A, and, whereafter it, became enclosed in

a sealed cloth parcel, Ex.Px-4, rather becoming validly

collected, and, to also further prove the factum of its

traveling from the malkhana concerned, in a unbroken,

and, untampered condition, to the FSL concerned. The

afore become sent to the FSL concerned, through road

certificate, embodied in EX.PW16/A, and, thereon

incriminatory findings adversarial to the convict/accused,

became recorded by FSL concerned.

10. Dehors the above, the prosecution also became

enjoined to prove the validity of preparation of Ex.PW4/A.

In the afore endeavour, even though, the recovery from

the site of occurrence, of the alleged weapon of offence,

inasmuch, as, of Patra, Ex. Px-3, became effectuated

through Ex.PW4/A, yet its recovery therethrough, was not

a sequel to proceedings undertaken or embarked upon, by

the investigating officer concerned, through his recoursing,

the mandate borne in Section 27 of the Indian Evidence

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Act, (i) yet the signatories thereof, are one Suresh Kumar,

and, One Kripal Singh, (ii) and, both became enjoined,

upon, theirs respectively stepping into the witness box to

prove the efficacy of drawing of Ex.PW4/A, (iii) as,

therethrough, dehors the non adherence by the

Investigating Officer concerned, vis-a-vis, the mandate

borne in Section 27 of the Indian Evidence, Act, the result

pronounced on examination of blood stains occurring

thereon, inasmuch, as, it appertaining to the blood group,

of the deceased would comprise, the, best link evidence,

for proving qua the convict/accused, hence, wielding

Ex.Px-3, at the relevant time, and, with user thereof, his

delivering fatal head injury(ies), upon, the deceased, and,

as become reflected in the postmortem report, embodied

in Ex.PW11/A. Though, Kripal Singh, witness to Ex.PW4/A

turned hostile, and, even Suresh Kumar also likewise

turned hostile, from his/their previously recorded

statements in writing, by the Investigating Officer, (iv)

however, upon theirs hence becoming declared hostile by

the learned trial Court, upon a request being made by the

learned PP concerned, both acquiesced to theirs

appending their signatures thereon, whereupon, the

statutory estopping bar engrafted in Sections 91 and 92 of

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the Evidence Act, against their orally reneging from the

scribed contents of Ex.PW4/A, whereon their admitted

valid signatures exists, becomes attracted, (v)and,

whereupons, their oral reneging from their previously

recorded statements in writing, becomes underwhelmed,

and, no legal probative vigour can be assigned thereto.

Since, Ex. Px-3 became enclosed in a sealed cloth parcel,

Ex.Px-4, and, it became sent through road certificate borne

in Ex.PW16/A to the FSL concerned, and, thereons the

chemical examiner concerned, working at the FSL

concerned, made an opinion qua it carrying the blood

stains of the deceased, hence, the afore incriminatory

opinion rendered against the convict/accused, does

completely prove the charge drawn against the accused.

Consequently, the prosecution has discharged the burden,

of, proving, the, valid collection of Ex.Px-3, the weapon of

offence, and, has also proven, the valid drawings of

Ex.PW4/A, wherethrough it became recovered.

11. As afore stated, and, as becomes reflected in

postmortem report borne in Ex.PW11/A, the sealed cloth

parcel, Ex.Px-5, enclosing therewithin the shirt, Ex.Px-6,

salwar Ex.Px-7, bra, Ex.Px-8, besides enclosing therewithin

the blood vial, Ex.Px-9, as became extracted from the body

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of the deceased by PW-11, became sent, through R.C.

borne, in Ex.PW16/A to the FSL concerned, and, thereons,

the, Chemical Examiner concerned, made an opinion that

all the afore carrying the blood group of the deceased.

12. Human blood of group 'AB' as detected in the

exhibits, as, mentioned in the afore extracted result,

hence, carried in the report of the FSL concerned, remains

uncontested by the defence, to be not appertaining, to the

blood group of the deceased, nor the defence, upon,

conducting cross-examination, upon, PW-11, meted

suggestions to him, qua the afore collections being

ingenuously made, through a stratagem being deployed by

him, hence, in connivance with the Investigating Officer,

necessarily for ensuring a false report being made by the

FSL concerned, upon, the items as became sent to the FSL,

and, whereons the afore extracted result became

pronounced by the FSL concerned. Moreover, since, the

seals as became carried on the respective cloth parcels,

upon their production in court, remained unquestioned, (i)

thereupon, the items, as became, sent to the FSL

concerned, through road certificate, borne in Ex.PW16/A,

and, whereons an incriminatory opinion, becomes

recorded by the Chemical examiner working thereat, does

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unflinchingly, prove the charge drawn against the accused.

13. The doctor concerned stepped into the witness

box as PW-11, and, has proven the postmortem report

Ex.PW11/A, and, has also during the course of his

deposition, comprised in his examination-in-chief, has

proven, all the contents borne therein, and, has also in

corroboration, to the incriminatory opinion of the FSL, as,

recorded against the accused, has, upon, the weapon of

offence, becoming shown, to, him, in Court, during the

course of recording of his examination-in-chief, has vividly

pronounced, an opinion, that the antemortem injuries, as,

becomes recorded in his report, being causable with user

thereof.

14. In aftermath, though hence, the prosecution

has been above to prove the mens rea or the apposite

criminal intent carried by the accused, in his dispensing

with the life of his legally wedded wife namely Santosh

Kumari. However, the learned defence counsel, has

proceeded to make a submission, before this Court, that

since the motive, as becomes purportedly carried in

Ex.PW1/A, remains unproven by the prosecution, and,

when the prosecution case, becomes completely rested

upon circumstantial evidence, thereupon lack or want of

.

proof of motive, does beget, the consequence, of the

charge drawn against the accused, rather becoming

completely staggered or jettisoned. The afore made

argument, would carrying tenacity only, upon, the learned

defence counsel, depending, upon valid evidence existing

on records, for repulsing the afore extracted incriminatory

result pronounced against the accused/convict, and, as,

rather exists on record. Since, the afore evidence, for

completely belying the afore extracted incriminatory

opinion, recorded against the accused/convict, by the FSL

concerned, remains unadduced into evidence, nor exists

on record, thereupon, the lack of proof of motive by the

prosecution, would become inconsequential, nor hence,

the result/opinion recorded by the FSL concerned, would

become either subsumed or underwhelmed.

15. For the reasons which have been recorded

hereinabove, this Court holds that the learned trial Court

has appraised the entire evidence, on record, in a

wholesome and harmonious manner, and, the analysis

thereof, by the learned trial Court, hence does not suffer,

from, any perversity or absurdity of mis-appreciation and

non-appreciation, of evidence, on record.

16. Consequently, there is no merit in the extant

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appeal, and, it is dismissed accordingly. The impugned

judgment is affirmed, and, maintained. All pending

applications also stand disposed of. The records be sent

down forthwith.

(Sureshwar Thakur)

Judge

(Chander Bhusan Barowalia) Judge.

5th March, 2021.

(jai)