Sunil Kumar vs State Of Haryana And Anr
2022 Latest Caselaw 1281 P&H

CRA-AD-328-2019                                                           -1-



           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

                                                  CRA-AD-328-2019
                                                  DECIDED ON: 08.03.2022

SUNIL KUMAR                                           .....APPELLANT

                                    VERSUS

STATE OF HARYANA AND ANR.                             .....RESPONDENTS


CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
       HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present:    Mr. Nipun Vashist, Advocate
            for the appellant.

SANDEEP MOUDGIL, J.

The present appeal is being disposed of, arisen out of judgment

dated 21.11.2018, whereby the accused Munni Lal @ Munia was acquitted in

FIR No.179 dated 03.07.2017, under Section 304 of the Indian Penal Code,

registered at Police Station Khol, District Rewari.

The prosecution began in the case with the initiation of DDR

No.10 lodged on behalf of one Sonu son of Balbir, Caste Valmiki, resident of

Rajpura Istmurar, Police Station Khol, on 01.07.2017. It is the case of the

prosecution that father of Sonu namely Balbir went in the neighborhood to

attend a function at around 06:00 p.m. on the date of occurrence i.e.

01.07.2017 but did not return thereafter. The father of the complainant could

not be traced despite efforts to search him and later on, he finally came to

know that the dead body of his father i.e. Balbir is lying in Panchayat land

with injuries on his neck, knees, head and other parts of the body and having

suspicion of murder, called upon the villagers and informed the Police.

The dead body of Balbir was taken to the General Hospital,

Rewari by the Police and postmortem 1 of 14 examination was conducted. At that

stage, Rapat No.10 was registered after the postmortem examination for the

reason that nothing suspicious was found.

However, blood-stained earth was lifted from the spot where the

dead body of deceased Balbir was found lying which was converted into a

parcel with a seal 'MK' and taken into possession vide memo Ex. P-1. The

currency amounting to Rs.30 was also recovered from the pocket of the

deceased Balbir. Apart from that one 'miraj' pouch was also lying near the

head, which was converted into a parcel and taken into possession vide memo

Ex. PJ. Inquest proceedings under Section 174 Cr.P.C. was conducted.

It was on 03.07.2017, Sunil Kumar submitted a complaint

Ex.PW-1/D to the Police with the allegations that on 01.07.2017, his father

returned home after grazing the goats and had consumed liquor. At around

06:30 p.m., deceased Balbir went to the house of Rampat, Chowkidar in a

function of 'Chatti' but did not return thereafter. On the next day, at around

07:00 a.m., when he was removing bricks from the walls of his house, his

cousin Bharat Lal informed him that the dead body of his father Balbir was

lying in the Panchayat land on which he rushed to the spot and found villagers

gathered there in large number. The body of the deceased Balbir had suffered

numerous injuries including at thigh, left ear, back, head, legs, chest and ribs.

The police was informed by the village Sarpanch, who took the

body to the hospital and postmortem was got conducted in which it was

recorded that deceased Balbir had suffered serious injuries on the head and

other parts of the body. It is averred by the complainant that assailants caused

injuries to his father, who was also accompanied by Kishori Lal son of Udhmi

at the time of occurrence and requested for legal action qua the accused Munni

Lal @ Munia son of Ram Narayan.

The prosecution relied upon the documentary evidence as 2 of 14

detailed hereinbelow:-

(i) DDR No.10- Ex. PW1/A

(ii) Ruqa- Ex. PW1/B

(iii) FIR No.179 dated 03.07.2017- Ex. PH

(iv) Rough site plan- Ex. PW1/C

(v) A parcel containing a pair of slippers of the deceased with seal 'LC'

Ex.PW1/E.

(vi) Disclosure statement of accused- Ex. PW1/G.

(vii) Demarcation of place of occurrence vide memo- Ex. PW1/H.

(viii) Scaled site plan of the place of occurrence- Ex. PW1/J prepared by Halqa

Patwari.

(ix) Post Mortem Report- Ex. PD.

(x) Sealed parcels along with 'miraj' pouch were sent to FSL and report of

Chemical Examiner- Ex. PE.

(xi) Histopathology- Ex. PK.

After completion of investigation, the final report under Section

173 Cr.P.C. was filed to conduct trial against the accused Munni Lal @ Munia

and the case was committed to the Court of Sessions vide order dated

13.12.2017 passed by the then learned Judicial Magistrate Ist Class, Rewari.

Apart from the above mentioned documentary evidence, the

prosecution examined 20 witnesses namely:-

(i)     PW-1 ASI Bhagirath,

(ii)    PW-2 ASI Ran Singh,

(iii)   PW-3 Ravi Kumar,

(iv)    PW-4 Shakti Singh,

(v)     PW-5 Bharat Lal,

(vi)    PW-6 Dr. Ravinder Singh,
                                      3 of 14



(vii) PW-7 ASI Narender Singh,

(viii) PW-8 EHC Sri Bhagwan,

(ix)   PW-9 Harish,

(x)    PW-10 EASI Kailash Chand,

(xi)   PW-11 Rampat Chowkidar,

(xii) PW-12 SI Dharmbir Singh,

(xiii) PW-13 LC Vijeta,

(xiv) PW-14 ASI Manoj Kumar,

(xv) PW-15 Dr. Nitish Kumari,

(xvi) PW-16 EHC Ajaypal,

(xvii) PW-17 Kishore,

(xviii) PW-18 Sunil,

(xix) PW-19 EASI Krishan Kumar,

(xx) PW-20 HC Jitender Singh.

The prosecution evidence was closed on 29.08.2018 and the

accused was examined under Section 313 of Cr.P.C. and pleaded innocence

and denied the prosecution evidence in entirety alleging the case of his false

implication. However, no evidence was led by him in defence.

The prosecution tested the evidence to prove its case as discussed

hereinbelow:-

"PW1 ASI Bhagirath is the Investigating Officer. He

deposed that on 03.07.2017, he was posted as Incharge,

Police Post Kund. On 02.07.2017, DDR No.10 Ex.PW1/A

was got recorded by complainant Sunil. Inquest

proceedings were conducted by ASI Manoj Kumar and on

03.07.2017, he received postmortem report of deceased.

Sunil Kumar came present in the police post Kund and 4 of 14

moved application Ex.PW1/D on which he made

endorsement Ex.PW1/B and sent ruqa to the police station

for registration of FIR. He reached the place of occurrence

and prepared rough site plan of place of occurrence

Ex.PW1/C and recorded statements of witnesses. A pair of

Slippers of deceased was found lying at the spot which was

converted into a parcel and sealed with seal LC and taken

into possession vide memo Ex.PW1/E. He informed SHO

Bijender Kumar and DSP Gajender Kumar for verification

of facts of the case. On 07.09.2017, he arrested accused

vide arrest memo Ex.PW1/F. On interrogation, accused

suffered disclosure statement Ex.PW1/G and in pursuance

thereof, accused demarcated the place of occurrence vide

demarcation memo Ex.PW1/H. On 04.10.2017, he got

prepared scaled site plan from the Halqa Patwari

Ex.PW1/J and recorded witnesses.

PW2 ASI Ran Singh had partly investigated the case and

had recorded the statements of ESI Krishan Kumar, LC

Vijeta and MHC Narender Singh.

PW3 Ravi Kumar had identified the dead body of his uncle

Balbir and he tendered the inquest report Ex.PA.

PW4 Shakti Singh, Halqa Patwari has proved the scaledsite

plan of place of occurrence Ex.PW1/J and scaled site plan

of the place from where dead body was recovered Ex.PB.

PW5 Bharat Lal is the nephew of deceased and has

deposed as to how the dead body was found lying in the

fields.

5 of 14

PW6 Dr. Ranvir Singh had conducted postmortem

examination along with other members of Board and has

proved the PMR Ex.PD.

PW7 ASI Narender Singh deposed that on 03.07.2017, a

tehrir written by ASI Bhagirath was received in the police

station through Constable Kishore Singh and he had

registered formal FIR Ex.PH.

PW8 EHC Shri Bhagwan had delivered the special report

to the Area Magistrate and senior police officers.

PW9 Harish stated that on 02.07.2017, he was Sarpanch

of village Rajpura and had seen the dead body of Balbir

lying in the field and informed the police.

PW10 EASI Kailsh Chand had remained associated during

investigation of the case with ASI Manoj.

PW11 Rampat Chowkidar deposed that on 01.07.2017

there was a ceremony of "Chhati" in his house. He had met

with an accident and was not able to walk and was present

in the house. Balbir and Kishore who were drunk had

attended the ceremony and Munni Lal accused might have

also attended the ceremony.

PW12 SI Dharamvir deposed that on 08.11.2017, he had

prepared the final report under section 173 Cr.P.C. against

accused and presented the same in the Court for trial.

PW13 LC Vijeta deposed that on 09.09.2017, MHC handed

over sealed parcels to her vide RC No.407 and same were

deposited PGIMS Pathology Rohtak and she returned the

receipt to MHC, She further stated that neither she nor 6 of 14

anyone else tempered with the parcels.

PW14 ASI Manoj Kumar also deposed that on 02.07.2017,

a call was received that dead body of Balbir was lying in

the fields of panchayat on which he along with EASI

Kailash and EHC Satbir reached the spot. Complainant

Sunil presented application Ex.PL on which he made

endorsement Ex.PL/1 and sent tehrir to police station

Kund for recording of rapat through EASI Kailash Chand

and SHO was informed by him. He lifted blood stained

earth from the place where dead body was lying in a small

plastic box and sealed plastic box with seal of MK and took

the same into possession vide memo Ex. PI. A sum of 30/-

was found lying in the pocket of deceased while one 'miraj'

pouch was lying near the dead body which were taken into

possession vide memo Ex.PJ. He clicked the photographs

of place and dead body of Balbir which are Ex P1 to

Ex.P11 and the copy of rapat no.10 dated 02.07.2017 is

Ex.PW1/A. He conducted inquest proceedings Ex.PA and

recorded the statements of witnesses. Thereafter, he moved

application Ex.PC before Medical Officer, General

Hospital, Rewari for postmortem examination and the

Board of doctors conducted postmortem vide postmortem

report Ex.PD. After postmortem examination, doctors

handed over one sealed parcel containing viscera, an

envelope addressed to RFSL Sunaria, a box containing

heart, an envelope addressed to Director PGIMS Rohtak

along with clothes of deceased in a sealed parcel sealed 7 of 14

with seal of DV and same were taken into possession vide

memo Ex.PK and the dead body was handed over to the

relatives. On 30.11.2017, he recorded statements of

Rampat Chowkidar and Harish. He tendered blood stained

earth in plastic box as Ex.MO4, pouch of 'miraj' Ex MO8,

three currency notes of denomination 10/- each Ex.P5 to

Ex.P7, T-shirt Ex.MO1, lower Ex.MO2 and underwear

Ex.MO3.

PW15 Dr. Nitish Kumari, Department of Pathology,

PGIMS Rohtak deposed that on 23.12.2017, she was

posted as Resident, Department of Pathology PGIMS

Rohtak and she submitted pathology report Ex.PX/Ex.PF

with regard to heart, lung, liver, kidneys and spleen of

deceased Balbir and stated that all the reports bear her

signatures. During cross-examination, she stated that

coronary artery of deceased was completely blocked and

possibility of having been a symptom of heart failure

cannot be ruled out.

PW16 EHC Ajay Pal remained associated during

investigation with ASI Bhagirath and he has corroborated

his version.

PW17 Kishore is an eye witness whose evidence shall be

discussed in detail in later part of the judgment.

PW18 Sunil is the author of FIR whose evidence shall also

be discussed in later part of judgment

PW 19 EASI Krishan Kumar deposed that he had

deposited the sealed parcels at FSL Madhuban which were 8 of 14

handed over to him by MHC on 24.10.2017/06.11.2017

and returned the receipt to MHC.

PW20 HC Jitender Singh deposed that on 02.07.2017, HC

Narender Singh has working as MHC, Police Station Khol

who is unable to speak as he was undergone surgery and

the opinion of the doctor is Mark A. He stated that he has

brought the register pertaining to Malkhana and as per

record, ASI Bhagirath had deposited one sealed parcel

containing blood stained earth sealed with seal MK, one

parcel containing clothes of deceased sealed with seal DV

and once parcel containing viscera sealed with seal DV on

02.07.2017 in the Malkhana. On 09.09.2017, MHC handed

over one sealed parcel containing viscera to LC Vijeta vide

RC No.407 for depositing the same with chemical

examiner who deposited the parcel at PGIMS Rohtak on

the same day and returned the receipt to MHC. On

24.10.2017, MHC handed over one parcel sealed with seal

DV containing viscera (stomach), forwarding letter vide

RC No.362 to ESI Krishan Kumar for depositing the same

at FSL, Sunaria. On 06.11.2017, MHC handed over

another sealed parcel sealed with seal DV containing

blood stained earth and parcel containing clothes of

deceased vide RC No.485 sealed with seal MK to ESI

Krishan Kumar for depositing the same at FSL Madhuban

and he deposited the same on the same day and returned

the receipt to MHC."

After considering the submissions made by the prosecution and 9 of 14

on behalf of the defence, the trial Court examined the prosecution story with

the following points:-

(i) Whether the death was homicidal and due to the injuries

mentioned in the PMR?

(ii) Whether accused caused the injuries resulting in the

death of Balbir, since deceased?

(iii) What is the effect of delay in lodging the FIR?

The learned trial Court acquitted the accused of the charges under

Section 304 of IPC and ordered his release from custody with the finding that

the prosecution case is not that the accused caused any such injuries to the

deceased Balbir on his fight with him.

It is against the aforesaid acquittal vide impugned judgment dated

21.11.2018, the present appeal has come up for hearing before this Court.

Before proceeding further, we deem it necessary to examine the

medical evidence to discuss and ascertain the cause of death of deceased

Balbir. The postmortem on the dead body of deceased Balbir was conducted

by PW6- Dr. Ravinder Singh, Medical Officer, General Hospital, Rewari, on

an application dated 02.07.2017 moved by the police Ex. PC. It was a Board

consisting of PW6- Dr. Ravinder Singh, Dr. Lokesh Chand and Dr. Anshu,

who found the following injuries on the body of the deceased Balbir:-

(i) Lacerated wound of .5X.5 cm over left pinna.

(ii) Lacerated wound of 1X0.5 cm lateral side of left eye.

(iii) Abrasion left Shin of 2X0.5 cm.

(iv) Abrasion 4X0.5 cm over right leg medical side (1/3rd

upper side).

(v) Clotted blood was present over the nose.

(vi) Multiple superficial abrasion present over back and 10 of 14

trunk suggestive of insect bite.

Scalp, Skull:-

Scalp hematoma present bilateral tempo-parietal

region with underlying hematoma.

Thorax:-

There was ribs fracture anterior lateral left side

second, third, fourth, right side second, third, forth, fifth

with overlying muscle hematoma.

Heart as a whole and viscera were sealed in

separate sealed Jar and were sent for histopathological

and chemical examination respectively.

He proved postmortem report as Ex. PD bearing his signatures

and that of Dr. Lokesh Chand and Dr. Anshu. He also deposed that the

deceased was a chronic heart patient as per Histopathology and no common

poison was detected but ethyl alcohol was found in the viscera. It was opined

by PW6- Dr. Ravinder Singh that injuries were ante-mortem in nature and

were sufficient to cause death in normal course of life, further adding that the

cause of death in this case was injuries mentioned in the PMR and complicated

Atherosclerosis Super imposed with chronic heart diseases.

PW6- Dr. Ravinder Singh has also not ruled out the possibility as

is evident from perusal of PMR Ex. PD that the referred injuries on the person

of deceased are possible by fist blows.

On a further perusal of cross-examination of PW6- Dr. Ravinder

Singh, nothing could be extracted different from the stand as was in the

examination-in-chief to the effect that the deceased died as a result of injuries

mentioned in the PMR, which were ante-mortem in nature and sufficient to

cause death. Therefore, the trial Court below, has rightly believed the 11 of 14

testimony of PW6- Dr. Ravinder Singh being the most trustworthy witness

specifically to the effect that the injuries mentioned in the postmortem report

were ante-mortem in nature and sufficient to cause death in ordinary course,

making it a case of homicidal death.

Now, next point gains importance i.e. to ascertain as to whether

the accused caused injuries on the person of the deceased resulting in his

death.

According to prosecution, PW17- Kishore son of Udhmi is the

material witness upon whom much weight is put being an alleged eye-witness.

He deposed that accused had slapped the deceased and pushed him as a result

of which Balbir fell down and suffered injury on his forehead. In the cross-

examination also, said witness admitted that the accused pushed Balbir, who

fell down on stone and might have suffered injuries in the ribs in that process.

However, neither any stone was seen lying outside the house of Rampat,

Chowkidar nor any such stone was taken into possession by the Investigating

Agency. Even PW1- ASI Bhagirath has also not deposed with regard to any

stone having taken into possession and the site plan as prepared by the

Investigating Officer PW1- ASI Bhagirath do not reflect any stone at the

alleged place of occurrence and, therefore, the version of PW-17 raises doubts

and cannot be believed.

It is worth considering the version of PW18- Sunil Kumar son of

deceased Balbir, who did not suspect the hand of anyone and on his statement

alone, DDR No.10 dated 02.07.2017 had been lodged. At the spot,

PW17- Kishore had also arrived and did not state about the deceased to be

pushed and slapped by accused, which is a clear case of an improvement as

an afterthought.

During the cross-examination, PW17- Kishore also stated that 12 of 14

application Ex. PW1/D, which is the basis of FIR, was scribed by police at

police post Kund on its own, which did not bear his signatures.

Interestingly, PW-17 admitted that police has mentioned in said

application Ex. PW1/D that the deceased Balbir had received injuries on his

chest and both sides of ribs, which makes it crystal clear that the FIR was

lodged only after postmortem examination and no witness infact came

forward prior to that informing the police about the alleged factum of pushing

and slapping the deceased Balbir by the accused.

Another aspect, which makes this Court to disbelieve the version

of PW-17 is that while stating in examination-in-chief, deceased Balbir

walked comfortably at around 09:00 p.m. at the house of Rampat, Chowkidar,

where he was attending a function of 'Chatti' and after some distance, went

towards his house. It shows that till 09.00 p.m., the deceased Balbir did not

suffer any multiple fractures or injuries in his ribs. PW-17 volunteered at that

stage that someone called Balbir and he went back to the function, which is

also an afterthought inasmuch as no such statement ever came on record

during the course of investigation.

At the same time, even if such concoction of story is to be

believed, prima facie the possibility of some other person having caused

injuries particularly in the light of the fact that the deceased went back to the

function, cannot be ruled out.

Further, examining the testimony of PW17- Kishore, qua

slapping once and pushing the deceased also raises doubt that such act is not

sufficient to cause injuries of such a greater magnitude, making us to reach a

conclusion that the deceased suffered injuries at later point of time after

having left the function and PW17- Kishore parted ways from him leading

towards their respective homes.

13 of 14

We have given a thoughtful consideration and examined the

evidence on record with the help of learned counsel for the appellant. As a

sequel of discussion made hereinabove, we do not find any reason to interfere

with the findings of the learned trial Court and hold that the prosecution as

well as the complainant have failed to prove the guilt against the accused

Munni Lal @ Munia beyond reasonable doubt and, therefore, is acquitted of

the charges under Section 304 of the Indian Penal Code.

Appeal is dismissed.

(SANDEEP MOUDGIL)                       (AUGUSTINE GEORGE MASIH)
    JUDGE                                       JUDGE



08.03.2022
poonam negi
                    Whether speaking/reasoned Yes/No
                    Whether reportable Yes/No




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