Shyam Lal vs State Of Haryana
2022 Latest Caselaw 14350 P&H

CRA-D-624-DB-2013 (O&M)                                                   -1-

             IN THE HIGH COURT OF PUNJAB AND HARYANA
                          AT CHANDIGARH

                                                  CRA-D-624-DB-2013 (O&M)
                                                  Reserved on: 10.11.2022
                                                  Date of decision: 15.11.2022

SHYAM LAL                                                          ...Appellant
                                         Versus
STATE OF HARYANA                                                   ...Respondent


CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR
           HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:     Mr. Rahul Vats, Advocate
             for the appellant.

             Mr. Pradeep Prakash Chahar, DAG, Haryana
                   ****

SURESHWAR THAKUR, J.

1. The instant appeal is directed against the verdict drawn on

19.02.2013, upon Sessions Case RBT No.003 of 2013/2011, by the learned

Additional Sessions Judge, Faridabad, wherethrough in respect of charges drawn

for offences punishable under Section 302 and under Section 201 of the IPC, he

recorded a verdict of conviction against the convict. Moreover, through a

separate sentencing order drawn on 20.02.2013, the learned trial Judge

concerned, imposed, upon, the convict both sentence(s) of imprisonment as well

as sentence(s) of fine, but in the hereinafter extracted manner.

Name of Offence Period of sentence Fine imposed Period of sentence in convict u/s (RI) (In Rs.) default of payment of fine (SI) Shyam 302 IPC Life Imprisonment 50,000/- One year Lal 201 IPC Three years 20,000/- Three months

2. All the above sentence(s) of imprisonment were directed to run

concurrently, but the period spent in prison by the convict during investigation

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or trial was, in terms of Section 428 of Cr.P.C., ordered to be set off from the

above imposed substantive sentence(s) of imprisonment, upon the convict.

3. The convict becomes aggrieved from the above drawn verdict of

conviction besides also becomes aggrieved from the above drawn order of

sentence, thus, he is led to institute thereagainst the instant appeal before this

Court.

FACTUAL BACKGROUND

4. The genesis of the prosecution case is embodied in the appeal FIR

to which Ex.PA is assigned. It is recorded thereins, that on 5.3.2011, a V. T. was

received from Control Room that one dead body was lying near bridge of

Chandawali. On this information, ASI Ashwani Kumar (PW9) alongwith other

police officials reached Agra Canal where Shokat Ali (PW8) got recorded his

statement Ex.PF to the effect that he is resident of House No.D-161, Gali No.11,

Ward No.32, Tirkha Colony, Police Station City Ballabgarh and he is an

agriculturist. They are two brothers and one sister. They have taken the land of

Agra canal for cultivation and they have sown wheat in it. Alongwith it, there

are trees owned by the Government. They have set up a hut on the Western side

of Ganda Nala of Agra canal so that the crops could be watched properly. They

have also kept a cot in the hut to have rest. They have also kept certain odd

articles like sickle (Darati) etc. in the hut. When he reached his hut today at

12.30 p.m., to watch his fields, then he found Sheru (leg of cot) and Paant

stained with blood. He found that some drops of blood were on the ground also.

This made him suspect some criminal activity there. He saw certain signs of

dragging from his hut leading towards drain of water. When he followed this

track, he found a dead body with his head missing at a distance of approximately

one killa towards Southern side of the fields of wheat. The deceased was

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wearing yellow underwear and a black pant which seem to be drawn below the

knees. The dead body was also wearing a high-neck T-shirt and under it, there

was another T-shirt of red colour. The age of the deceased seem to be 30/35

years. Some unknown persons had slit the neck of this unidentified person

because of some enmity and had tried to destroy the evidence by hiding the

head.

INVESTIGATION

5. On the basis of aforesaid complaint Ex.PF, FIR was registered.

Investigation was conducted by SI/SHO Ram Kumar. Photographer was called

who clicked the photographs of the spot. Rough as well as scaled site plan of the

place of occurrence were also prepared. Inquest proceedings were conducted.

The dead body was sent to B. K. Hospital, Faridabad for postmortem. Rope of

the cot, leg of cot (Sheru), blood stained earth, blood stained sickle and green

coloured plastic pot (Tasla) were taken into possession and converted into

parcels with the seal of DS and were sent to FSL Madhuban for necessary

examination. On 7.3.2011, complainant Shokat Ali got recorded his

supplementary statement to the effect that Ranjit has been murdered by his

tenant Shyam Lal and his friends Kundan and Vijay. On the same day, accused

Shyam Lal was arrested who made disclosure statement admitting his

involvement alongwith his friends Kundan and Vijay in the commission of

murder. Accused Shyam Lal also got recovered the head of deceased Ranjeet.

Accused Vijay and Kundan could not be arrested so far. Statements of witnesses

were recorded.

COMMITTAL PROCEEDINGS

6. Since the afore offences were exclusively triable by the Court of

Session, thus vide committal order dated 13.07.2011, the learned Judicial

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Magistrate Ist Class, Faridabad, committed the accused to face trial before the

Court of Session.

TRIAL PROCEEDINGS

7. The prosecution examined as many as 10 witnesses and,

subsequently, the public prosecutor closed prosecution evidence. After the

closure of the prosecution case, the learned trial Judge drew proceedings under

Section 313 Cr.P.C., whereins, the accused pleaded innocence, and, claimed

false implication. However, he did not choose to lead any defence evidence.

SUBMISSIONS OF THE LEARNED COUNSEL FOR THE APPELLANT

8. The learned counsel appearing for the convict-appellant has

vigorously argued before this Court, that since it is a case based upon

circumstantial evidence, thus, the reliance as made by the learned trial Judge

concerned, upon the disclosure statement of the convict, besides upon the

consequent therewith recoveries, is, rather a misplaced reliance. To fortify the

above submission, he submits that the drawing of the disclosure statement

besides the drawings of the recovery memos are tainted besides are concocted,

and, manufactured rather through a stratagem deployed by the investigating

officer concerned.

9. Moreover, he further submits that since the FSL concerned, has

made an inconclusive opinion, qua the blood group of the blood stains'

occurring on the apposite items, as became sent thereto, for the rendition of an

opinion. Therefore, he argues that the items concerned, as became recovered

through the relevant memos hence cannot be concluded to become related to the

blood group of the concerned. Thus, he argues that even on the above score, the

incriminatory disclosure statement besides the incriminatory recovery memos

concerned, also loose their evidentiary vigor. He further submits that the

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impugned judgment, is ridden, with grave vices of gross mis-appreciation and

non-appreciation of evidence germane to the charge. Therefore, he contends that

the impugned judgment be quashed, and, set aside.

SUBMISSIONS OF THE LEARNED STATE COUNSEL

10. The learned State counsel has argued that the impugned verdict of

conviction, and, consequent therewith sentence (supra), as became imposed

upon the convict by the learned trial Judge concerned, is merit worthy, as the

same does not suffer from any taint of any gross mis-appreciation or non-

appreciation of any evidence germane to the charge. Therefore, he contends that

the impugned verdict of conviction be maintained, and, affirmed by this Court.

DISCLOSURE STATEMENT OF THE CONVICT AND CONSEQUENT THEREWITH RECOVERIES

11. Since FIR to which Ex.PA is assigned makes revelations, only about

the headless body of the deceased concerned, being located by the informant.

Thus, unless the head of the deceased was also validly recovered, at the instance

of the convict, thereupon the mere recovery of the headless body of the deceased

by the informant, may not lead this Court to draw an unflinching conclusion,

that rather the charge drawn against the convict, becoming amenable for being

sustained.

12. During the course of investigations being made into the FIR, the

investigating officer concerned, had put the accused to police remand. During

the course of the convict being put to police remand, he made a signatured

disclosure statement, to which Ex.PJ is assigned. The contents of Ex.PJ are ad

verbatim extracted hereinafter.

"Disclosure statement of convict Shyam Lal In the presence of the following witnesses, aforesaid accused Shyam Lal while in police custody without any fear, pressure or greediness made a disclosure statement that I Vijay son of Shiv Sharma, Caste Khati, R/o

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Amari, PS Dharana, Distt. Munger, Bihar at present tenant Bhatia Colony, Ballabgarh and Kundan son of Sukhdev Chaudhary, Caste Paasi, Village Khanjarpur, P.S. Khanjarpur, Distt. Bhagelpur, Bihar, we all three are good friends. On 4.3.2011 Vijay told me and Kundan that he had an old enmity with Ranjit whom he wanted to murder but he had not come into my hold. Now I had developed some friendship with him, but still I nursed a grudge against him. On 4.3.2011 at about 8.30 p.m., all of three met at Tigaon road in the evening. Vijay brought Ranjit there from some where. Thereafter all of the four consumed liquor on the road in front of banquet hall at Tigaon road. Thereafter we went to the hut owned by the owner Shokat Ali. We consumed more liquor there. We deliberately made Ranjeet to consume liquor in excess. Ranjit lay down on the cot under intoxication. I caught hold the feet of Ranjeet who was still lying on the cot, Vijay caught hold of both the hands of Ranjeet and Kundan throttled him to death to destroy the evidence. After some time I and Vijay caught hold of Ranjeet and Kundan brought a green plastic tub from the hut and placed it on the left side of the head of Ranjeet so that blood might drop in the tub and might not spill on the ground. Kundan after bringing a sickle from the same hut beheaded Ranjeet and put the head into the plastic bag which was lying nearby and dragged the beheaded body in the fields of wheat which was one killa away from the hut and threw the sickle and plastic tub in Ganda Nala, after that we reached sector 2 B, Ballabgarh Green belt with the head of the deceased and dug a pit there and buried the head into it and left the polythene bag there. I can get the place of occurrence demarcated and could get recover the sickle, plastic bag, dead body and upper portion of neck from those places. The memo of disclosure statement was written and signatures of witnesses and accused were got obtained on it.

             Sd/- in Hindi
             Accused Shyam Lal

             Sd/- in Hindi
             Shokat Ali son of Fazru Khan

             Sd/- in English                                   Sd/-
             ASI Ashwani No. 437                               Ram Kumar
                                                               SI/SHO
                                                               PS Sdr. Ballabgarh
                                                               Dt. 7/3/11."

13. Ex.PJ carries the signatures of the convict. Moreover, therein occur

candid echoings qua the accused-convict confessing his guilt in beheading

deceased Ranjit with a sickle. Moreover, thereins also occur speakings about the

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convict hiding and camouflaging, the beheaded body of deceased Ranjit in the

wheat fields located about 1 killa away from the hut besides it also contains

echoings about the convict throwing the sickle and plastic tub in the ganda nala.

Furthermore, there are speakings therein about the ability of the convict to

ensure recovery of all the above, from their respective place(s) of hiding(s) and

keeping(s), given the said place(s) being exclusively within the knowledge of

the convict.

14. The confession of guilt as made in Ex.PJ would be a bald and

simpliciter confession, and, would be hit by Section 25 of the Indian Evidence

Act, if consequent therewith recoveries were not made, but if consequent

therewith recoveries were validly made, thereupon the confession of guilt as

made in Ex.PJ by the convict would become both admissible besides relevant.

15. Since in pursuance to the drawings of Ex.PJ, the accused through

recovery memo to which Ex.PL, is assigned ensured the effectuation of recovery

of the chopped head of the deceased, from the apposite pit whereins it became

buried by the convict. The relevant site, of the apposite recovery is depicted in

Ex.PQ. Thus, the confession of guilt, as made by the convict before the police

officer during the latter taking his police remand, does not become a bald

simpliciter statement nor the same is hit by the statutory bar encapsulated in

Section 25 of the Indian Evidence Act. Contrarily, the consequent therewith

recovery of the decapitated head of the deceased Ranjit, as became made

through Ex.PL, does also make the confession of guilt, as encapsulated in the

disclosure statement of the convict, carried in Ex.PJ, to carry an incriminatory

overtone of immense evidentiary vigor.

REASON FOR FORMING THE ABOVE CONCLUSION

16. The reason for forming the above conclusion arises from:

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(a) The convict neither contesting the validity of occurrence of

his signatures on disclosure statement Ex.PJ nor his proving the

said denial.

(b) The inability of the convict to bely the contents of the

apposite recovery memo(s) through his adducing cogent evidence,

suggestive that the recover(ies) as became effected, through the

relevant memo(s), rather was a planted or engineered recovery,

through a stratagem deployed by the investigating officer

concerned, inasmuch as, despite the relevant places, being prior to

the makings therefrom of apposite recover(ies), being also known to

the investigating officer concerned, besides the latter evidently

keeping there, the incriminatory items, his yet taking to purportedly

draw the memos concerned, whereupon obviously no evidentiary

solemnity was rather assignable thereto.

17. Preponderantly in the wake of absence of the above evidence, it can

but be concluded, that not only the drawings of Ex.PJ is valid, but also the

drawings of the apposite recovery memos is valid. Thus, utmost evidentiary

sanctity is to be assigned to Ex.PJ, and, also to the consequent therewith

recover(ies) as became effected through the appositely drawn recovery memo(s).

18. In nutshell, the cogently proven Ex.PJ and consequent therewith

recover(ies) as made through Ex.PL, do constrain this Court, to formidably

conclude, that therethroughs the charge drawn against the convict becoming

fully established.

19. During the course of investigations being made into the FIR, the

accused, as revealed by Ex.PM, contents whereof are extracted hereinafter

identified the crime site, besides also identified sickle through user whereof he

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had slit the neck of the deceased. Moreover, therein also echoings occur about

the place where he had thrown the plastic pot. The above extracted contents of

Ex.PM have not been proved to be false, as no suggestions became meted to the

investigating officer concerned, suggestive that Ex.PM suffers from any vice of

it being concocted, and, doctored by the investigating officer concerned.

Therefore, utmost evidentiary vigor is to be assigned to Ex.PM. Thus, the above

leads to a further inference that therethrough firm incriminatory evidence has

emerged against the convict-appellant.

"In the presence of the following witnesses, in the aforesaid case aforesaid accused Shyam Lal while in police custody led to the police by going ahead demarcated the hut which was built on the Ganda Nala, on which the murder of deceased was done and again the dead body was thrown and he has demarcated the fields of wheat, sickle from which the neck of the deceased was slit and was thrown in the Ganda Nala and plastic pot was also thrown, which is correct as per site plan at the place of occurrence. Memo of demarcation was got prepared and signatures of witnesses were got obtained on the memo."

MEDICAL EVIDENCE (POST MORTEM REPORT)

20. The post mortem report as became drawn by the doctor in

pursuance to his conducting an autopsy on the body of deceased, is, carried in

Ex.PE/1. The autopsy on the body of the deceased was conducted by a team of

doctors, but only one of them Dr. Mahesh Bhati stepped into the witness box, as

PW-7, and, who then proved the above exhibit, through his during the course of

his examination-in-chief, tendering his affidavit Ex.PE. The observations as

made in Ex.PE/1 are ad verbatim extracted hereinafter.

"Injuries:-

The body is present amputated into two parts, the irregular wound margins are lying in alignment with free aends of head and

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rest of the body. Head is decapetated in the upper neck region from the rest of the body, cutting all the underlying structures. Clotted blood and blood stains are present.

INTERNAL EXAMINATION:

a) Scalp, Vertebrae, Skull - as described, Membrances, Brain, Spinal Cord - as described.

b) Walls, ribs, cartilages, pleurae - Pale, NAD.

Larynx & trachea, Right lung & Left lung - pale.

c) Pericardium, Heart & large vessels - Right side of the heart contains dark coloured blood and left side was empty.

d) Abdomen - Abdominal wall - NAD, Peritoneum - Pale; mouth, pharynx and oesophagus - pale and as described; Stomach - Pale & contains gastric juices and gases, Small intestines - Pale, contains chyme and gases and large intestines - Pale, and contains faecal matter and gasses. Liver, Spleen, kidneys - Pale, Bladder - Pale, contains about 10cc of urine. Organs of generation - external

- NAD, internal - Pale."

21. Moreover the cause of demise of the deceased has been opined in

Ex.PE/2, to arise from shock and haemorrhage, as a result of ante mortem

injuries, as became noticed on the neck of the deceased. The said ante mortem

injuries have been opined to cause death in the ordinary course of nature.

22. The effect of the above extracted echoings as occur in the post

mortem report to which Ex.PE/1 is assigned, is that, therethrough the

prosecution has been able to prove the incriminatory role of the convict, to, with

user of sickle decapitate the head of deceased Ranjit. Thus, corroboration from

Ex.PE, is lent to the disclosure statement Ex.PJ besides therethrough

corroboration, is also lent, to the consequent therewith recover(ies) as became

effected through the appositely drawn recovery memo(s).

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FSL REPORT

23. The report of the FSL is embodied in Ex.PK. The Senior Science

Officer, who made an examination of the sealed parcels, as became sent to him,

for examination, inclusive of Ex.-3 one daranti (approx .36cm) having rusty

metallic blade, of wooden handle, besides of Ex.-4 one green plastic tub/Tasla

stained with dark stains, moreover of Ex.-1 comprising of lumps of earth and

loose earth (approx .10 gm) described as blood stained earth, did though, make

an opinion about human blood, being found on the above incriminatory items,

but yet he has not been able to vividly pronounce, that the human blood as found

thereons, also appertaining to the blood group of the deceased or to the blood

group of the accused. Moreover, a perusal of the result of the examination as

made of the blood as occurred on daranti Ex.-3, also does not clearly reveal, that

the blood stains existing thereons rather matching, with the blood group of the

accused or with blood of the deceased, especially when in respect thereof, the

Senior Science Officer has pronounced, that given the disintegration of the

blood stains, as carried thereons, hence his being disabled to make any firm

apposite opinion.

24. Therefore, the learned counsel for the convict-appellant, has argued

that, the effect of the above inconclusivity of opinion, by the Serologist

concerned, about the blood group of the blood stains occurring on the relevant

incriminatory items, does forestall this Court, from assigning any evidentiary

vigor to either the disclosure statement or to the consequent thereto recover(ies).

25. However, this Court rejects the above argument. The reason is but

simple inasmuch as, the investigating officer concerned, during the course of his

holding investigations, had rather failed to collect the FTM cards either of the

accused or of the deceased. If he had done so, and, had sent them along with the

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apposite incriminatory items concerned, to the Serologist concerned, thereupon

the above referred inconclusive opinion would not have ensued. The sequel of

the above lack of collections, inasmuch as of the respective FTM cards of the

accused, and, of the deceased, is that, the defence cannot draw any succor from

the above inconclusivity of opinion, as made by the Serologist concerned, about

the blood stains, as carried on the relevant incriminatory items belong, neither

belonging to the blood group of the deceased nor to the blood group of the

accused, which otherwise he could have made, in case the above collections

rather had been made by the investigating officer concerned, besides all had also

become sent to him. Moreover only then but if the said opinion was favourably

made qua the accused, thereupon alone the argument (supra) of the learned

counsel for the convict-appellant could succeed.

SUMMARIZATION OF PRINCIPLES

a) The signatured disclosure statement, and, consequent therewith

recoveries, do hold immense evidentiary vigor, unless the convict is

able to ably deny his signatures thereons, and, is also able to prove

the said denial.

b) The apposite recover(ies) are to hold evidentiary vigor, and,

force, unless the defence adduces cogent evidence suggestive, that

the said recoveries are planted by the investigating officer

concerned, inasmuch as, his provenly prior to the making of the

apposite recover(ies), rather keeping the recovered incriminatory

items at the sites/places wherefrom they became recovered,

subsequently at the instance of the convict, to the Investigating

Officer concerned.

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c) The inconclusivity of opinion by the Serologist concerned, about

the blood group of the blood stains, as found on the incriminatory

items, would not give any leverage to the defence, unless evidence

surges forthwith suggestive that, along with the blood stained

incriminatory items, the investigating officer concerned, had also

sent the FTM cards respectively of the accused, and, of the

deceased. Furthermore, when thereons an opinion favourable to the

accused becomes recorded.

FINAL ORDER

26. In consequence, the impugned verdict of conviction, and, also the

consequent therewith order of sentence, as becomes respectively recorded, and,

imposed, upon the convict by the learned trial Judge concerned, does not suffer

from any gross perversity, or absurdity of any gross mis-appreciation, and, non-

appreciation of the evidence on record. In consequence, there is no merit in the

appeal, and, the same is dismissed. If the accused is on bail, thereupon the

sentence(s), as imposed upon him, be ensured to be forthwith executed by the

learned trial Judge concerned, through his forthwith drawing committal warrants

qua him.

27. Before parting, this Court is constrained to frown upon the inability

of the investigating officer concerned, to despite the convict in his disclosure

statement, to which Ex.PJ is assigned, naming co-accused Vijay and Kundan, as

co-participants in the relevant penal occurrence, yet the investigating officer

concerned, for a prolonged duration of 15 years rather failing to arrest them.

Consequently, the Superintendent of the Police District concerned, is directed to

forthwith ensure the expeditious making of arrest of the above co-accused, and,

thereafter cause their production before the learned Court concerned. Moreover,

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the learned trial Judge concerned, is also directed to then forthwith draw

proceedings under Section 299 of Cr.P.C., against the co-accused concerned,

and, thereafter shall with utmost despatch conclude the trial as would become

entered into by him against them.

28. Case property, if any, be dealt with in accordance with law, but only

after the expiry of the period of limitation for the filing of an appeal.

29. Records be sent down forthwith.

30. Pending miscellaneous application(s), if any, stand(s), disposed of.

                                                 (SURESHWAR THAKUR)
                                                       JUDGE




15.11.2022                                            (KULDEEP TIWARI)
Ithlesh                                                   JUDGE
          Whether speaking/reasoned:-   Yes/No
          Whether reportable:           Yes/No




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