Pappu Singh @ Chita Singh vs State Of Haryana
2022 Latest Caselaw 10401 P&H

CRA-D-432-DB-2010                                               -1-


            IN THE HIGH COURT OF PUNJAB & HARYANA
                     AT CHANDIGARH.

                                          CRA-D-432-DB-2010
                                          Reserved on: 31.08.2022
                                          Pronounced on: 05.09.2022

PAPPU SINGH SON OF IMRAT @ CHITA SINGH                       .....Appellant


                                 Versus


STATE OF HARYANA                                           .....Respondent


CORAM:      HON'BLE MR. JUSTICE SURESHWAR THAKUR
            HON'BLE MR. JUSTICE N.S. SHEKHAWAT

Argued by: Mr. R.S.Malik, Advocate
           for the appellant.

            Mr. P.P.Chahar, DAG, Haryana.

                               ****

SURESHWAR THAKUR, J.

1. The learned Additional Sessions Judge, Rewari through a

verdict drawn on 06.03.2010, upon case SC No. 31 of 2009, proceeded

to, in respect of charges drawn against the accused for an offence

punishable under Section 302 of the IPC, hence make a verdict of

conviction, upon, the convict. Moreover, through a separate sentencing

order drawn on 06.03.2010, the learned trial Judge concerned, imposed

upon the convict, the sentence of life imprisonment, besides imposed

upon him, a sentence of fine comprised in a sum of Rs. 5,000/-, and, in

default of payment of fine amount, he sentenced the convict to undergo

rigorous imprisonment extending upto a term of one year.

2. The convict becomes aggrieved from the verdict of

conviction (supra), and, also become aggrieved from the consequential

therewith sentence(s) (supra), as became imposed upon him by the

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learned Convicting Court, resultantly he becomes led to institute

thereagainst the instant appeal before this Court.

FACTUAL BACKGROUND

3. The factual genesis of prosecution case, becomes

embodied in the appeal FIR, to which Exhibit PE is assigned. The

informant Mahabir Singh Ex-Sarpanch, resident of village Bhotwas

Bhondu, made narrations thereins that they are three borthers. Prem

Singh (deceased) is the youngest. They all are married, and, living

separately. His brother Prem Singh has taken the land measuring 30

killas with two tubewells from Virender son of Khajan Singh for

cultivation in a sum of Rs. 2.5 lacs, and, the land was being cultivated

by the deceased with his own tractor. However, two months ago,

deceased Prem Singh had kept Pappu son of Imrat Singh, as a servant

for a monthly salary of Rs.3500/-for doing the agriculture work. On

25.09.2009 at about 6/7.00 p.m., his nephew Naveen son of Prem Singh

while leaving his father, and, Pappu at the tubewell came back to his

house. On 26.09.2009 at about 9.00 a.m., when his nephew Naveen

went to the tubewell, he found that the door of the tubewell room was

locked. He was under an impression that his father has gone

somewhere, and, would be coming back after some time. His nephew

started ploughing the fields. However, after ploughing two acres of

land, Naveen again came to the tubewell, but found the room locked

again. Naveen peeped into the room from the rear window, and, saw

that his father was lying on the cot in a pool of blood. His nephew

Naveen called him in the fields, and, he along with the villagers

reached there, and, broke open the lock. He found his brother Prem

Singh lying dead with injury over neck with clotted blood. The crime of

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weapon i.e. Kulhari was also lying in the room itself, but Pappu was

missing. He has suspicion that Pappu after committing the murder of

his brother had fled away. About one week ago, Rs. 5000/- were found

missing from the pocket of the pant of his brother Prem Singh. On the

relevant day also, no money was found in the pocket of his brother

Prem Singh, though, Prem Singh always used to carry Rs. 5000-7000/-

in his purse. Out of the greediness, Pappu is alleged to committ the

murder of his brother Prem Singh.

4. On the basis of the statement of the complainant, to which

Exhibit PH, is assigned, Inspector Deen Dayal carried out the police

proceedings, and a formal FIR, was registered, and, thereafter

investigations became launched. The post-mortem on the dead body of

the deceased was conducted vide post-mortem report Exhibit PB. The

photographs of the dead body, and, also of the scene of crime were got

prepared. The inquest proceedings under Section 174 of the Cr.P.C.,

also were conducted. Rough site plan of the place of occurrence was

prepared, to which Exhibit PU is assigned. The weapon of crime

Exhibit MO3, was recovered vide memo Exhibit PJ. The accused was

arrested. The statement of witnesses under Section 161 Cr.P.C. were

recorded.

5. After completion of investigations by the investigating

officer concerned, into the FIR (supra), he instituted an affirmative

report under Section 173 Cr.P.C., before the learned Committal Judge

concerned.

COMMITTAL COURT PROCEEDINGS

6. As the offence under Section 302 IPC was exclusively

triable by the Court of Session, therefore, the learned committing Court,

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committed the case to the Court of the learned Additional Sessions

Judge, Rewari.

TRIAL COURT PROCEEDINGS

7. On finding a prima facie case, charge(s) under Section 302

IPC became framed, against the accused, and, to which he pleaded not

guilty, and, claimed trial.

8. In support of the prosecution case, the prosecution

examined twelve witnesses. After completion of recording of the

depositions of the prosecution witnesses, the learned Additional

Sessions Judge, Rewari drew proceedings, under Section 313 of the

Cr.P.C., but thereins, the accused claimed false implication, and,

pleaded innocence.

9. After conclusion of the trial, as, became entered upon the

FIR (supra), by the learned Additional Sessions Judge, Rewari, the

latter proceeded to make the afore verdict of conviction, and, also made

the consequent therewith sentence(s) (supra), upon, the present

appellant.

SUBMISSIONS OF THE LEARNED COUNSEL FOR THE APPELLANT

10. The learned counsel for the aggrieved convict-appellant

herein, has vigorously argued before this Court, that the impugned

verdict of conviction, and consequent therewith sentence (supra), as

imposed, upon the convict-appellant, both become ridden with a gross

infirmity of gross misappreciation, and non-appreciation of the

evidence, existing on record. Therefore, he has argued that the appeal

be accepted, and, the verdict, as challenged before this Court, be

quashed, and set aside.

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SUBMISSIONS OF THE LEARNED STATE COUNSEL

11. On the other hand, the learned State counsel has argued

before this Court, that the judgment, as challenged before this Court, is

well merited, and does not warrant any interference.

CIRCUMSTANTIAL EVIDENCE BASED CASE, DEPENDENT UPON THE TESTIMONIES OF PW-7, PW-10 AND PW-11.

12. The prosecution witnesses (supra) though do not render a

vivid ocular account qua the crime event, and obviously so, as they are

not eye witnesses to the occurrence, but one amongst them PW-10

Naveen Kumar on 26.09.2009, upon visiting the tubewell co-inhabited

by the deceased Prem Singh, and, by the convict, and, upon his finding

it locked from outside, and, thereupon on his peeping into the tubewell,

his sighting the deceased Prem Singh to be lying in a pool of blood, on

the ground beneath the cot.

13. PW-10 Naveen Kumar purveyed the above intimation to

PW-7, and, to PW-11. All above alongwith the co-villagers reached the

crime site depicted in site plan, to which Exhibit PU is assigned, and,

after breaking the lock of kothra/tubewell, they noticed that Prem Singh

was lying dead in a pool of blood. They also noticed that the accused-

convict was not found there, thereupon, suspicion became aroused that

he had committed the murder of deceased, as both were sleeping

together on the previous night in the tubewell/kothra.

14. The above narrated factual matrix becomes testified in

Court by PW-10, besides also becomes testified by PW-7. A reading of

their respective testifications discloses, that each consistently deposing,

that the deceased though always kept Rs. 5000/-in his pockets, but the

above sum of money was not, at the relevant time, rather found existing

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in the pockets of his trouser, and, but obviously, the PWs (supra)

consistently deposed, that the convict had committed the murder of

deceased Prem Singh, for grabbing the above money.

15. Furthermore, the factum of the PWs concerned, breaking

open the lock of the kothra, which evidently on the previous night,

became co-inhabitated by the convict, and, the deceased, and,

thereafter's theirs' noticing the body of the deceased to be lying, in a

pool of blood also becomes consistently testified by the PWs (supra). A

further incisive reading of their respectively made testifications,

discloses that they have spoken the above facts, without any blemish of

any inter-se, or, intra-se contradictions occurring in their respectively

made testifications. Therefore, credence is to be assigned to their

consistently made testifications.

16. Be that as it may, since they are not ocular witnesses to the

occurrence, therefore, it became incumbent upon the prosecution, to

also cogently establish, that after the making of a signatured disclosure

statement(s), the convict, rather through subsequently thereto drawn

recovery memo(s) also causing the recoveries of all the incriminatory

items, to the investigating officer concerned. The above provenly

validly drawn memo(s) would but firmly connect the convict in the

commission of the charged offence.

DOCUMENTARY EVIDENCE, DISCLOSURE STATEMENTS

17. The investigating officer concerned, during the course of

his conducting investigations into the crime event, did proceeded to

record a signatured disclosure statement of the convict, and, to which

Exhibit PN is assigned. The contents of the signatured disclosure

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statement, as made by the convict, before the investigating officer

concerned, are ad verbatim extracted hereinafter.

" .... on dated 25-09-2009 in the day I had seen Prem Singh putting the money in his pocket. On which I feel to grab the money and for this after taking the meal of night when I and Prem Singh were slept in the Tubewell Kothra on separate cot. I was awaking and Prem Singh had slept. Then I took over the kulhari which was in the kothra and attack on the neck of Prem Singh from that kulhari when he was sleeping. Due to this Prem Singh has died on the spot. After brought out Rs. 2500/- from the pant pocket of Prem Singh, and his half body was covered by me with the quilt. After locked the kothra from out side the key was thrown by me in the near by Bajra crop. I put off my clothes which were weared by me at the time of incident and hide them in the heap of dust near the tubewell kothra and after wearing the another clothes and went on Railway Line through Bajra crop. I reached at Railway Station Jatusana after walking on the Railway Lines. From there I travelled in the train that was going to Mathura and from Mathura I reached at Damoh. Thereafter I went to my sister Ambo at village Manpasad, where I stayed for one day thereafter I had gone to my another sister Maya at Kharo. On the second day I came back at house of my sister Ambo at Manpsar. When I reached there police came and villagers handed over to me to the police and police brought me here and all the story told by me to you. I had spent Rs. 2500/- which were stolen from the pocket of Prem Singh. I can recover the thrown key of Kothra and clothes which were hidden by me after proper identification. Disclosure statement of accused was recorded which was signed by the accused and witnesses."

18. A reading of the signatured disclosure statement, as made

by the convict before the investigating officer concerned, reveals that

not only he confessed his guilt in committing the murder of the

deceased, but also confessed qua his removing a sum of Rs. 2500/-

from the pocket, of the trouser worn at the relevant time by the

deceased Prem Singh. Moreover, he also vividly discloses therein, that

the clothes which he was wearing at the relevant time were taken of by

him, besides were changed with new clothes, and, further that he had

hidden the relevant clothes in the heap of dust of tubewell kothra.

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INFERENCES   FROM   THE    ABOVE    SIGNATURED
DISCLOSURE STATEMENT OF THE CONVICT

19. Readings of the hereinabove above extracted signatured

disclosure statement, as made by the convict to the investigating

officer, stems the following inferences :-

a) qua his proving the motive for his committing the crime

event, inasmuch as, his developing avarice to grab the money which the

deceased Prem Singh was carrying with him.

b) his confessing about his committing the crime event

through his proceeding to assault deceased Prem Singh, by striking a

kulhari blow, at the neck of deceased Prem Singh, and, that too, while

he was asleep.

20. The convict has further spelt therein, that he had spent the

amount of Rs. 2500/-, as became removed by him, from the pockets of

the trousers worn, at the relevant time, by the deceased, but yet he has

disclosed therein to ensure the causings of recovery of the other

incriminatory items, inasmuch as, of the key of the kothra, and, also the

clothes which he was wearing at the relevant time, and, as became

hidden by him, at the place concerned.

RECOVERY MEMO(S)

22. In pursuance to the above signatured disclosure statement

being made by the convict, he through recovery memo drawn/

comprised in Exhibit PO, caused the recovery of the above

incriminatory items to the investigating officer concerned.

23. Significantly, the recovery of kulhari was not effected at

his instance, as it was found lying at the crime site.

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CONCLUSION

24. The legal effect of the above drawn memo(s), especially

when, on the disclosure statement embodied in Exhibit PN rather the

signatures of the convict exist, and, also when in pursuance thereto

through memo drawn in Exhibit PO, the recoveries of the relevant

incriminatory items became effected, at his instance, to the

investigating officer concerned, is that, the prosecution therethrough

proving the commission of the charged offences by the convict. The

above made inference, would get scuttled only when evidence emerged,

with a trite display therein, that the convict had ably denied the

existence of his signatures on Exhibit PN, and or, evidence surfaced in

personification qua his signatures as made thereons, were under duress

or pressure becoming exerted upon him. However, the above evidence

is grossly amiss, resultantly the utmost evidentiary sanctity is to be

meted to Exhibit PN, besides is also to be meted to the consequent

therewith recoveries, as became effected, through a recovery memo to

which Exhibit PO is assigned. The reason for assigning credence

thereto becomes sparked from the factum, that Exhibit PO is not only

signatured by the witnesses thereto, but is also signatured by the

convict, and, with the convict not ably denying his signatures, as

carried thereons, and, rather with PW-11, a common witness to Exhibit

PN, and, to Exhibit PO, efficaciously proving the contents drawn

thereins. Though PW-11 denied the defence suggestion(s) which

became meted to him, for belying the contents carried therein, but,

when no further proof became adduced to prove the apposite denials,

therefore, the makings of above bald denied suggestion, are totally

inconsequential. In sequel, reinforced evidentiary vigour is to be

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assigned to the above drawn memo(s). Moreso, when even the

investigating officer concerned, during his examination-in-chief, has

proven his drawing the above memo(s), and, also has during the ordeal

of his facing cross examination, has not been suggested, that the above

drawn memo(s) were fictitiously drawn, and, or were a sequel of his

ingeneously preparing them.

MEDICAL EVIDENCE/POST MORTEM REPORT

25. The medical evidence, in support of the depositions of

PWs (supra), and, also in support of the above made inference

appertaining to valid drawing of memo(s) (supra), besides appertaining

to the cogent proof emerging qua the truth of the contents occurring

therein, does also becomes comprised in the post-mortem report, as

became prepared, by the doctor concerned, and to which Exhibit PB is

assigned. Exhibit PB has been proved by PW-1, and, also when the ante

mortem injuries, as observed therein to be occurring on the body of the

deceased, and, which become extracted hereinafter, did also ultimately

became opined thereins, to beget the demise of the deceased.

Resultantly the prosecution has proven the user, rather of a kulhari by

the convict, on the relevant portions of the body of the deceased.

26. In sequel, the cause of demise of the deceased, as becomes

spelt in the post-mortem report, does assign credence to the prosecution

version, qua it becoming related to the user by the convict of a kulhari,

hence on the relevant portions of the body of the deceased.

" In my opinion, cause of death in this case was due to tracheal injuries and severage large vessels of neck on right side. All the injuries were ante-mortem in nature and sufficient to cause death in ordinary course of life."

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FSL REPORT

27. The incriminatory items, as became recovered through the

recovery memo comprised in Exhibit PO preceding wherewith, a

signatured disclosure statement of the convict was drawn, and, as

becomes embodied in Exhibit PN, and, became as proven by the

investigating officer concerned, also became sent to the serologist

working at the FSL concerned, for the latter hence making an opinion

whether the blood stains' carried on the relevant items rather belonging

to the blood group of the deceased.

28. A perusal of the report of the FSL to which Exhibit PK is

assigned, and, which becomes extracted hereinafter, though does reveal

that the cloth parcels concerned, hence carrying thereons the seal

impressions as reflected therein, rather matching with the seal

impressions, as become earlier made thereons by the investigating

officer concerned. However, the FSL concerned, on making an

examination of the blood stains' carried on the relevant incriminatory

items, has in Exhibit PK relented from making an affirmative opinion,

qua the stains' of blood, if any, carried thereons also belonging to the

blood group of the deceased. Consequently, there is an inconclusivity

of an opinion by the FSL concerned, appertaining to the blood stains'

carried on the incriminatory items concerned, belonging to the blood

group of the deceased.

".... Laboratory examinations were carried out to detect the presence of blood on the exhibits through chemical tests. Blood thus detected was subjected to serological tests to determine its species of Origin & Group. Based upon these examinations the results obtained are given below :-

1. Exhibit-1 (Cotton swab), Exhibit-2 (Baan), Exhibit-3 (kulhari), Exhibit - 4a(Shirt), Exhibit-4b (pants), Exhibit- 4c (Kacha) and Exhibit - 5a (Shirt) were stained with blood stains.

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2. Exhibit-5b (Pants) was stained with few blood stains...."

29. Nonetheless, the above inconclusivity of opinion, does not

yet foster any conclusion from this Court, that the convict deserves a

finding of acquittal becoming recorded qua him. The above inference

becomes grooved in the trite factum, that it is only attributable to a deep

fault, on the part of the investigating officer concerned, to ensure the

makings of appropriate inter-se matchings inter-se the blood stains'

carried on the incriminatory items, with the blood group of the

deceased. The reason being that, he failed to collect from the family

members of the deceased the FTM Card, revealing therein the blood

group of the deceased. Only, if the above had been done, and, was

thereafter purveyed to the serologist concerned, to ensure qua his

becoming ably facilitated to make the best inter-se comparison(s) or

inter-se matchings, and, only if then the serologist concerned, had

opined that there is complete want of inter-se matchings, rather then a

verdict of acquittal was amenable to become recorded by this Court,

otherwise not.

30. Reiteratedly, since the FTM Card, depicting the blood

group of the deceased never became collected by the investigating

officer concerned, rather from the family members of the deceased, and,

also when it did not become sent to the FSL concerned, alongwith the

other relevant incriminatory items, thereupon, the serologist concerned,

became unabled to make the best appropriate inter-se matchings.

Consequently, also any inconclusivity of opinion in respect of the blood

stains' carried thereons, rather belonging to the blood group of the

deceased, does not at all yet lean this Court to draw a verdict of

acquittal qua the convict.

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POST CRIME CONDUCT OF THE CONVICT

31. The post crime conduct of the convict, inasmuch as, his

fleeing from the crime site, and, also his rather remaining away from

the village concerned, for a considerable period of time, is both

relevant, as well as, is admissible. Since the above post crime conduct

of the convict, is proven from his signatured disclosure statement, to

which Exhibit PN, is assigned, resultantly it does reveal his conduct

which is completely in-consistent with his innocence. Therefore, this

Court hence becomes constrained to conclude that no finding of

acquittal is renderable qua him.

FINAL ORDER BY THIS COURT

32. In consequence, there is no merit in the appeal, and, it is

dismissed. The impugned verdict(s), and, consequent therewith

sentence(s) (supra) are affirmed and maintained.

33. The case property, if any, be dealt with in accordance with

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

The records be forthwith sent down.

(SURESHWAR THAKUR) JUDGE

(N.S. SHEKHAWAT) JUDGE 05.09.2022 kavneet singh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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