Punjab-Haryana High Court
Balwant Singh vs State Of Haryana & Ors on 21 October, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
Neutral Citation No:=2024:PHHC:140325-DB
CRA-D-520-DB-2011 #1#
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CRA-D-520-DB-2011
Date of Decision:-21.10.2024
BALWANT SINGH
......Appellant
VERSUS
STATE OF HARYANA & OTHERS
......Respondents
CORAM:- HON'BLE MR. JUSTICE SUDHIR SINGH
HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:- Mr. Jitender Dhanda, Advocate
for the appellant.
Mr. A.S. Chaudhary, Addl. A.G., Haryana.
***
JASJIT SINGH BEDI, J.
The present appeal has been filed against the judgment of
acquittal dated 06.09.2010 passed by the Sessions Judge, Kurukshetra.
2. The FIR was registered on 15.02.2008, the judgment of
acquittal passed by the Sessions Judge, Kurukshetra is dated 06.09.2010, the
appeal was filed on 08.11.2010 and the matter is being taken up for hearing
now after 16 years of the registration of the FIR.
3. As per the prosecution case deceased Rishi Pal was a student of
B.com final through correspondence course, Kurukshetra University,
Kurukshetra. He started residing with Gurnam Singh, a student of M.A.
Public Administration for preparation of his examination in room No.E-19
Narhari Hostel, Kurukshetra University, Kurukshetra which was allotted to
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Gurnam Singh. In the night intervening 2nd and 3rd October, 2007, a birthday
party was arranged by Ajay Kumar, another student of Kurukshetra
University, Kurukshetra in room No. 19-E on the occasion of his birthday.
Ashok Kumar, Ajay, Gurnam Singh, Parvinder, Parveen, Vikas, Rakesh,
Jaswant alias Meenu etc. i.e. 10-12 boys consumed liquor till late night at
the birthday party. In the morning, the dead body of Rishi Pal was found
lying in room No.E-19 Narhari Hostel, Kurukshetra University,
Kurukshetra.
4. On 3.10.2007 at about 9.00 a.m.. Raj Kumar, cousin of Rishi
Pal, son of Mange Ram received a telephonic message from Gurnam Singh
that Rishi Pal was lying in Room No.E-19 Narhari Hostel, Kurukshetra
University, Kurukshetra and was seriously ill. Raj Kumar was asked to visit
Narharı Hostel with other family members to look after him at the earliest.
Raj Kumar, along with his grandfather Lali Ram and Balbir Singh, maternal
uncle of Rishi Pal reached Room No.E-19 Narhari Hostel, Kurukshetra
University, Kurukshetra and found Rishi Pal lying dead in that room.
Balwant Singh father of Rishi Pal also reached on 03.10.2007 later after
receiving a telephonic message regarding the death of his son. Raj Kumar
was told by Gurnam Singh and other students that liquor was served and
consumed at the birthday party of Ajay Kumar during the night and after
taking liquor they slept. It was suspected that Rishi Pal died due to excess
consumption of liquor. In this situation, the postmortem on the dead body of
Rishi Pal was conducted at L.N.J.P. Hospital, Kurukshetra on 04.10.2007.
The dead body was identified by Raj Kumar and Lali Ram. Viscera was sent
to FSL, Madhuban. In the FSL Report dated 13.12.2007,
Organophosphorous pesticide and ethyl alcohol were detected from stomach,
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lungs, liver, spleen, kidneys, blood and urine shown as 1a, 1b, 1c and 1d in
the FSL, Madhuban report, Ethyl alcohol was detected in one glass bottle
labeled as Royal Stag. No organophosphorous pesticide could be detected on
the T-shirt and pant belonging to the accused. No common poison could be
detected in the saline preservative. After receiving the FSL report, intimation
regarding detection of a poisonous substance was sent to the complainant.
5. Initially when the post mortem examination of Rishi Pal
deceased was conducted, no suspicion was expressed by the family members
or friends of deceased Rishi Pal on anyone. It was suspected that the death
was caused due to excessive consumption of liquor. After receiving the
report of FSL, Madhuban, an opinion was given by Dr. Vivek Aggarwal,
who earlier conducted post mortem examination of the deceased, that the
cause of death in this case was due to Organophosphorous poisoning. On
15.2.2008 after receiving information regarding the result given in the FSL
report, a complaint was filed by Balwant Singh, father of the deceased
before Station House Officer, Police Station, Kurukshetra University,
Kurukshetra mentioning that he had suspicion that out of those 10 or 12
boys who were present at the birthday party of Ajay Kumar someone had
committed murder of Rishi Pal by mixing poison in the wine consumed by
Rishi Pal.
6. During investigation, Jaswant alias Meenu accused was arrested
in this case through production warrants on 07.04.2008. The accused
Jaswant alias Meenu recorded his disclosure statement on the same date that
about 7 or 8 months earlier, Rishi Pal, who was his close friend, had come to
his house had in his village and during night hours, Rishi Pal had teased his
sister Suman. In order to take revenge from Rishi Pal on 02.10.2007, he
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purchased poison from a person at Hisar and came to Narhari Hostel,
Kurukshetra University, Kurukshetra. At that time the birthday party of Ajay
Kumar, resident of village at Kheri Sherkhan was being celebrated at Room
No.E-19, Narhari Hostel, Kurukshetra University, Kurukshetra. He along
with other boys Gurnam Singh etc. consumed liquor and when all others left
the room and only Rishi Pal was present, he mixed poison in the wine in a
glass to be consumed. The accused disclosed that the empty bottle had
which was earlier containing poison had been hidden by him under the
ground beneath a box lying in his house at village Rakhi Khas. Jaswant
accused was taken to village Rakhi Khas by Sheetal Singh Inspector for
effecting recovery on the basis of the disclosure statement.
7. When the accused was taken to village Rakshi Khas, he
recorded another disclosure statement on 08.4.2008 stating that his earlier
disclosure statement was false and, in fact, he had kept a Dibbi and a small
size bottle which was having poison earlier under the ground near a tube
well near 3rd gate, Kurukshetra University, Kurukshetra. On the basis of that
disclosure statement, accused Jaswant got recovered from near a tube well
near 3rd Gate of Kurukshetra University, Kurukshetra on the same date, a
plastic Dibbi and a small size bottle having few drops of some liquid
smelling like medicine which were sealed with seal SS and were taken in
police possession. The Dibbi and small size bottle were also sent to Director,
FSL Madhuban for examination. During investigation, it was found that at
the time of the birthday party Rakesh and Parveen were sent by Ajay Kumar
handing over his ATM card to withdraw an amount of Rs.1,000/- from his
SBI Account No.65020810270 to purchase wine bottles. An amount of
Rs.1,000/- was withdrawn by Rakesh and Parveen and they brought two
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alcohol bottles make Royal Stag and also a few eggs for the birthday party.
8. As per the prosecution version the other boys left Room No.E-
19 Narhari Hostel, Kurukshetra University, Kurukshetra and in the late
hours only Rishi Pal and Jaswant alias Meenu remained present in that
room. Both of them consumed liquor till late hours upto 2.00 or 2.30 a.m. In
the morning, the dead body of Rishi Pal was found lying in the room and
Jaswant alias Meenu was lying on the other bed and he had vomited on the
pillow cover, on a cloth piece as well as on the floor of the room. The pillow
cover and another cloth piece stained with vomiting material were taken in
police possession. Vomiting material with blood was also lifted from the
floor for examination. As per the prosecution case, thereafter Jaswant alias
Meenu went to Dr. Pawal Goyal, Hospital, Kurukshetra for his treatment.
Jaswant got his name mentioned as Naveen alias Minu in the hospital
record. However, Jaswant was an outdoor patient. During investigation,
Jaswant was produced before the Investigating officer by Vijay accused and
both of them disclosed his name as Naveen alias Meenu. Vijay gave
assurance to the investigating officer that he would produce Jaswant before
the police as and when needed. Later on Vijay gave shelter to accused
Jaswant and helped him to avoid his arrest in this case. On the basis of these
allegations, accused Vijay, who is the real brother of Ajay Kumar, was also
arrested in the case.
9. As per the allegations of the prosecution and as per the
statement of Balwant Singh, father of the deceased, the murder of Rishi Pal
was committed by accused Jaswant due to previous enmity also. It is alleged
that Ram Sarup, father-in- law of two daughters of Balwant Singh purchased
agricultural land situated at village Rahtjal, District Hisar from Balwant
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Singh. There arose a family dispute regarding this sale of the land in
between Balwant Singh, his wife and daughter. The wife and daughter of
Balwant Singh did not allow the purchaser to obtain possession of the land
purchased. Accused Jaswant and other boys helped Suman at that time in not
allowing the purchaser to take possession of the land. Several panchayats
were also convened in this regard. Thereafter, Balwant Singh stated that he
helped Ram Sarup to obtain possession of the land in dispute and the offence
had been committed by Jaswant Singh due to this previous enmity and
rivalry with their family.
10. Further, as per allegations of the prosecution, another motive
behind the murder of Rishi Pal by accused Jaswant was that about 7 or 8
months prior to the date of incident, Suman real sister of accused Jaswant
was teased by Rishi Pal. Apart from it, Balwant Singh, father of Rishi Pal
helped Ram Sarup to obtain possession of the land purchased by him from
Suman and her mother, as both of them were opposing delivery of
possession of the land purchased by Ram Sarup.
11. Based on these allegations, a criminal case under Sections 302
and 120-B IPC was registered on 15.2.2008 at Police Station, Kurukshetra
University, Kurukshetra under FIR No.23. After recording statements of
prosecution witnesses, preparing site plan, receiving report FSL, Madhuban
and completion of necessary investigation, challan was filed against accused
Jaswant on 03.7.2008 under Sections 302 and 120-B IPC.
12. On commitment, the accused Jaswant was charge-sheeted under
Section 302 IPC. The accused pleaded not guilty and claimed trial and the
case was fixed for recording prosecution evidence.
13. Later, a supplementary challan was filed on 06.12.2008 under
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Sections 302, 309, 328, 419, 420, 120-B and 216 read with section 34 IPC
against accused Vijay. The copies of challan and documents were supplied
to accused Vijay and thereafter the supplementary challan case was also
committed for trial.
14. Vide order dated 27.2.2009 both the above mentioned police
challans filed in case FIR No.23 dated 15.2.2008 were ordered to be
consolidated.
15. On 27.2.2009, Jaswant alias Meenu was served a charge-sheet
under sections 120-B, 302, 309 and 328 IPC and accused Vijay was served a
charge-sheet under Sections 120-B, 419 and 216 IPC. Both the accused
pleaded not guilty and claimed trial.
16. During trial Dr. Vivek Aggarwal as PW1, Rishi Pal draftsman
as PW2, ASI Prem Dass as PW3, EHC Pawan Kumar as PW4, Constable
Parabh Dayal as PW5, Constable Ram Pal as PW6, HC Labh Singh as PW7,
ASI Shingara Ram as PW8, Raj Kumar as PW9, Balwant Singh as PW10,
Constable Subhash Chander as PW11, Inspector Sheetal Singh as PW12, SI
Mahavir Singh as PW13, Dr. Pawal Goyal as PW14, Jagmohan Bhatia as
PW15, Parkash Chand Mehandiratta as PW16, Roshan Lal as PW17, ASI
Shiv Kumar as PW18, Constable Rashpal Singh as PW19, ASI Darbara
Singh as PW20, Karam Singh Assistant as PW21, Constable Laxman Singh
as PW22, Om Parkash Panch as PW23, Channo Devi as PW24, Aman
Kumar Inspector as PW25, Karambir Singh Inspector as PW26, Rakesh as
PW27, Vikash as PW28, Satbir Singh as PW29, Jasbir Singh as PW30, SI
Ram Parkash as PW31, Ravinder Singh as PW32, Karam Singh as PW33,
Hoshiar Singh Head Constable as PW34, Dr. Sanjay Kumar as PW35 and
Nasib Singh as PW36 appeared in the witness box to support the case of the
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prosecution. ASI Rajinder Parshad was given up being unnecessary and
thereafter the prosecution evidence was closed.
17. The statements of the accused under section 313 Cr.P.C. were
recorded wherein they denied the allegations of the prosecution and pleaded
innocence. The accused Jaswant Singh stated that he did not know Suman
and he had never met her. He did not know Balwant Singh. He had seen him
in the Court for the first-time. The accused Vijay stated that his brother Ajay
had been arrested in this case but later on he was discharged by the police.
He was put in illegal confinement by the police of Police Station
Kurukshetra University, Kurukshetru. Vijay further stated that he had filed a
writ petition before this Punjab and Haryana High Court regarding the illegal
confinement of his brother Ajay. A warrant officer was sent by this High
Court to conduct a raid in the Police Station for search of Ajay had and due
to this reason, he had been falsely implicated in the case by the police. The
accused examined Gurnam Singh as DW-1 in their defence evidence and
thereafter closed their defence evidence.
18. The gist of the prosecution evidence is as under:-
PW2 Rishi Pal draftsman prepared the scaled site plan of the
place of occurrence Ex.P7. PW3 Prem Dass took 15 photographs of the
place of occurrence room No.E-19 Narhari Hostel, Kurukshetra University,
Kurukshetra Ex.P8 to Ex. P22 and Ex. P23 to Ex.P37 are the negatives. PW5
Parabh Dayal appeared in the witness box and stated that on 15.2.2008, a
copy of the FIR of this case was delivered by him to the Illaqa Magistrate as
well as higher police officers on the same day well within time. PW11
Subhash Chander constable appeared in the witness box and stated that an
entry in the daily diary register of the police station Ex.P44 dated 03.10.2007
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was recorded by him on the statement of Raj Kumar Ex. P42, PW17 Roshan
Lal Assistant Narhari Hostel, Kurukshetra University, Kurukshetra appeared
in the witness box and stated that Room No. 19-E was allotted to Gurnam
Singh son of Daya Nand student of Public Administration M.A. (Previous).
The form submitted for admission in hostel was Ex.P62 and undertaking is
Ex.P63. On 09.10.2007, Dr. M.S. Malik, Warden of the Hostel submitted his
report regarding consuming liquor by Gurnam Singh and regarding breaking
windowpanes of Room no.19-E and that one Rishi Pal was found dead in
that room. The hostel record mentioned above was taken in police
possession through recovery memo Ex.P64. Application Ex.P65 bore
signatures of Dr. M.S. Malik, Warden of the hostel. Apparently, it stands
proved that at the time of occurrence Room No.19-E Narhari Hostel,
Kurukshetra was allotted to Gurnam Singh and was in his occupation.
Constable Rashpal Singh PW19 appeared in the witness box
and stated that an application Ex.P67 was filed by Balwant Singh and on the
basis of that application, the investigation of this case was transferred from
Police Station Adarsh Kurukshetra to State Crime Branch vide transfer order
dated 26.2.2008 Ex.P68, PW20 Darbara Singh ASI stated that on 11.9.2008,
he went to School Education Board, Bhiwani and recorded the statement of
Karam Singh, Assistant, Secondary Branch, Haryana State Education Board,
Bhiwani regarding the date of birth of Ajay Kumar son of Ram Kishan.
PW21 Karam Singh Assistant stated that he received an application Ex.P69
filed by the investigating officer seeking verification about the date of birth
of Ajay son of Ram Kishan bearing Roll No.630131 who appeared in the
matriculation examination in the month of April, 2003. Photostat copy of
D.M.C. was Ex.P70. A letter was issued to the Inspector Crime Branch
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Ex.P71 and the date of birth was confirmed vide gazette record Ex.P72. The
date of birth of Ajay was confirmed as 2.10.1987.
From the statement of HC Labh Singh PW7, his affidavit
Ex.P41, statement of Pawan Kumar EHC, his affidavit Ex. P38, statement of
constable Ram Pal PW6, his affidavit Ex.P40 and statement of ASI Shingara
Ram PW8 apparently one parcel containing viscera of deceased Rishi Pal,
one parcel containing Royal Stag whisky bottle, one parcel containing
pillow cover, one parcel containing CD stained with blood, one parcel
containing blood lifted from the spot alongwith sample seal, and one parcel
containing jar were handed over to HC Lab Singh by ASI Shingara Ram on
05.10.2007 and the same were sent to FSL Madhuban on 15.10.2007
through constable Pawan Kumar for examination. It is further evident from
the statement of ASI Shiv Raj PW18, his affidavit Ex. P66, constable
Lachman Singh PW22, his affidavit Ex.P73 that on 15.7.2008 one parcel
containing disposable glass along with one envelope was deposited with HC
Labh Singh and the same was sent to FSL, Madhuban on 25.8.2008 through
constable Lachhman Singh for examination. Apart from it one parcel
containing Dibbi plastic and one parcel containing a vial were deposited
with HC Labh Singh on 08.4.2007 and the same were sent to FSL
Madhuban on 11.4.2007 through constable Ram Pal for examination and
nobody tampered with the sample parcels during this period.
19. Based on the evidence led by the prosecution,
accused/respondent Nos.2 and 3 were acquitted by the Court of Sessions
Judge, Kurukshetra vide judgment dated 06.09.2010.
20. It is the aforementioned judgment which is under challenge in
the present case.
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21. The learned counsel for the appellant/complainant contends that
the impugned judgment of acquittal had been passed on the basis of
conjectures and surmises without proper appreciation of the evidence on
record. It was established beyond doubt that the private respondents had
committed the offences in question and the FSL report was corroborating the
prosecution version. There was no evidence to suggest that accused Jaswant
Singh alias Meenu himself had consumed any poison. He, therefore,
contends that the judgment of acquittal of accused/respondents no.2 and 3 be
set aside and the accused be convicted of the offence for which they have
been charge-sheeted.
22. The learned counsel for the State while supporting the case of
the appellant/complainant contends that the impugned judgment was not
based on proper appreciation of the evidence on record and, therefore, the
judgment of acquittal was liable to be set aside.
23. We have heard counsel for the parties and have gone through
the lower Court record.
24. It is evident from the report of FSL, Madhuban that
organophosphorous pesticide and ethyl alcohol were detected in the
stomach, lungs, liver, spleen, kidneys, blood and urine. Ethyl alcohol was
detected in one glass bottle labelled as Royal Stag. No organophosphorous
pesticide could be detected on the T-shirt and pant belonging to the accused.
No common poison could be detected in the saline preservative
25. PW1 Dr. Vivek Aggarwal was a member of the board of
doctors when the post mortem examination of deceased Rishi Pal was
conducted on 04.10.2007 in L.N.J.P. Hospital, Kurukshetra. PW1 stated that
after post mortem examination two sealed jars containing viscera, a sealed
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vial containing blood from the heart another sealed vial containing urine,
another sealed vial containing sample of preservative and copy of the post
mortem report were handed over to the investigating officer for examination
at FSL Madhuban. The copy of post mortem report was Ex.P2. Copy of
inquest report running in 24 pages was Ex.P3. Dr. Vivek Aggarwal after
receiving an application Ex.P4 from investigating officer along with report
FSL Ex.P5 opined the cause of death in this cases was Organophosphorous
pesticide. In the report FSL Ex.P5 Organophosphorous pesticide and ethyl
alcohol was detected in the stomach, parts of small and large intestines,
lungs, liver, spleen, kidneys, blood, urine, ethyl alcohol, T-shirt and gent's
pant. Apparently, the opinion given in report FSL Ex.P5 and the opinion
given by Dr. Vivek Aggarwal regarding cause of death on the basis of post
mortem report Ex.P2 and report FSL Ex.P5 cannot be doubted.
26. Therefore, it stood proved that the cause of death of Rishi Pal
was due to consumption of poison. As per the FSL report, in the glass bottle
labeled as Royal Stag recovered from the place of occurrence, poison was
detected in 2 ml. of yellow coloured liquid. Poison was detected in the
vomiting material, on a piece of cloth, grey coloured pant and T-shirt and
some clothes recovered from Room No.19-E. In this way, as per report FSL,
Organophosphorous pesticide from the small quantity of liquor contained in
one glass bottle labeled as Royal Stag whisky and some poisonous substance
was detected upon piece of cloth and above mentioned wearing clothes
recovered from the place of occurrence. In this way. it stands proved that
Organophosphorous pesticide was found in the remaining liquor contained
in Royal Stag Whisky and the vomiting material upon the clothes and floor
of the room. These circumstances indicate that poison was found mixed in
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the bottle containing Royal Stag Whisky also. Apparently, it cannot be said
that poison was found mixed only in the glass, which was used by Rishi Pal
for consuming wine at the time of occurrence.
27. As per the prosecution case Rishi Pal did not vomit and the
vomiting material taken in police possession from the place of occurrence
pertains to Jaswant alias Meenu. If the prosecution was able to prove that
had Jaswant Singh attended the birthday party and he remained present till
late night upto 2.00 or 2.30 a.m. with Rishi Pal and he consumed liquor
there, in that eventuality it can be said that poison was mixed in the wine
consumed by Jaswant alias Meenu accused as well.
28. Regarding the presence of the accused at the birthday party, the
prosecution examined Rakesh as PW27, Vikas alias Vikki as PW28 and
Jasbir Singh as PW30. PW27 Rakesh, PW28 Vikas alias Vikki and PW30
Jasbir Singh turned hostile and did not support the case of the prosecution.
The prosecution witnesses stated in their statements as well as in their cross-
examination that Jaswant alias Meenu had not attended the birthday party of
Ajay in the night intervening 2nd and 3rd October, 2007 at Room No.19-E
Narhari Hostel, Kurukshetra.
29. As per the prosecution version, Room No.19-E was allotted to
Gurnam Singh and Rishi Pal (deceased) resided in that room for preparation
of his studies. Rishi Pal was a close friend of Gurnam Singh but Gurnam
Singh when appeared as DW1 clearly stated that neither Jaswant alias
Meenu nor Vijay Kumar had attended the birthday party of Ajay Kumar.
Gurnam Singh stated that he had seen both the accused Jaswant Singh alias
Meenu and Vijay for the first time in Court. He has also stated that at the
time of celebration of the birthday party of Ajay, Ashok, Vikram, Upender,
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Rakesh and many other friends were present and they participated in the
birthday party. Gurnam Singh stated that Ajay, Rakesh etc. and other boys
had been present in Room No.19-E in the morning next day after they came
to know about the death of Rishi Pal. Thus, none of the prosecution
witnesses who attended the birthday party stated that Jaswant Singh alias
Meenu was present at the birthday party.
30. From the evidence on record, it could not be proved that
accused Jaswant Singh alias Meenu attended the birthday party and
thereafter came to the clinic of Dr. Pawal Goyal, PW14 to take treatment for
poisoning masquerading as Naveen alias Minu. It was also not proved that
Jaswant Singh alias Meenu was a habitual offender.
31. PW15 Jagmohan Bhatia Deputy Manager, State Bank of India,
Kurukshetra appeared in the witness box to prove statement of ATM Ex.
P58 bearing No. SI CCN 00160001. Endorsement upon the statement made
by Jagmohan Bhatia was Ex. P59. PW16 Parkash Chand Mehandiratta,
Deputy Manager, State Bank of Patiala, Safidon Gate, Jind appeared in the
witness box to prove that an amount of Rs.1,000/- was withdrawn on
02.10.2007 from Account No.65020810270 belonging to Ajay Kumar from
A.T.M situated at Kurukshetra University, Kurukshetra. A perusal of the
statements of PW15 and PW16 shows that an amount of Rs.1,000/- was
withdrawn from bank account of Ajay Kumar on 02.10.2007.
32. Balwant Singh son of Lali Ram, father of the deceased Rishi pal
appeared as PW10 and stated that on 03.10.2007 he received a telephone
message from Gurnam Singh when he was at Kumeytur in Tamil Nadu.
From there, he came to Narhari Bhawan Hostel, Kurukshetra by air and car.
He stated that his father Lali Ram, nephew Raj Kumar and Balbir Singh
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were also present at that time. He was told that Rishi Pal had vomited. It was
also told that Jaswant had also vomited but on search he was not found
admitted in the hospital. On 04.10.2007, Jaswant came to Police Station
Kurukshetra University Kurukshetra alongwith two police officials and one
person and when specifically asked at that time Jaswant stated that he had no
problem of any type. PW10 stated that he had asked the police officials not
to allow Jaswant to leave that place. On 15.2.2008 Sheetal Singh Inspector
informed that cause of death of his son was poisoning. The statement of
PW10 Ex.P46 was recorded and FIR was lodged. PW10 stated that he made
his statement before the police that 10 or 12 students namely Jaswant,
Gurnam Singh, Upender Kumar, Ashok, Ajay, Vikram etc. attended the
birthday party, served and consumed liquor. The above mentioned boys in
had connivance with each other had intentionally killed his son by mixing
poison in the liquor.
33. PW10 further stated that the motive behind the committing of
this offence was that Ram Sarup, father-in-law of his daughter Usha and
Parveen had purchased 5 ½ acres agricultural land at village Rajthal, District
Hisar. Wife of Balwant Singh and his daughter Suman were not happy due
to this sale transaction. They did not allow the purchaser of the land to
obtain possession. Jaswant and other boys were helping Suman in this
regard. Panchayat was also convened in this regard and later on PW10
helped Ram Sarup in obtaining possession of the land. PW10 stated that his
son was murdered due to this reason. The transaction of the land had taken
place in the year 2004. In his cross-examination, PW10 stated that he did not
know if Suman had any relation with Jaswant. PW10 also stated had that he
had not brought the sale deed executed in favour of Ram Sarup.
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34. The motive behind the commission of the offence as mentioned
in the statement of PW10, could not be proved. There is no evidence on the
file to show the connection between Suman and Jaswant and the
prosecution is silent in this regard as to why Jaswant had been helping
Suman in connection with the land transaction between Ram Sarup and
Balwant Singh. Further, copy of the sale deed has not been adduced in
evidence.
35. Aman Kumar Inspector appeared in the witness box as PW25
and stated that on 13.10.2007 after receiving information regarding
commission of the offence, he reached Room No.19-E, Narhari Bhawan
Hostel, Kurukshetra University, Kurukshetra along with SI Ram Parkash and
Additional S.P. Mohinder Singh. PW25 stated that he found the dead body
of Rishi Pal lying there and another boy disclosed his name as Naveen alias
Meenu, who was present in the Court as accused Jaswant. He was asked to
go to Civil Hospital, Kurukshetra. PW25 also stated that Room No.19-E was
allotted to Gurnam Singh and birthday party was organized in this room by
Ajay Kumar son of Ram Kishan on 02.10.2007. PW25 also stated that later
on it was clarified that the person who disclosed his name as Meenu alias
Naveen was in fact Jaswant son of Ram Phal, resident of village Rakhi
Khas, District Hisar. PW25 stated that the boys present there had stated that
Jaswant participated in the birthday party. He stated that when he reached
Room No.19-E, accused Naveen was lying on the bed in a semi conscious
condition. Aman Kumar in his cross-examination stated that he came to
know the actual identity of Naveen as Jaswant after registration of the FIR.
This statement of PW25-Aman Kumar is doubtful in light of the statement
of Ram Parkash Sl who accompanied Aman Kumar Inspector at the time of
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visit to Narhari Bhawan Hostel, Kurukshetra University, Kurukshetra who
stated that when he visited the hostel room, Naveen alias Meenu had been
shifted to L.N.J.P. Hospital, Kurukshetra.
36. Therefore, apparently, none of the boys of the birthday party
spoke about the presence of Jaswant Singh alias Meenu at the party or that
he had served liquor to the deceased. The deposition of some police officials
of the presence of Jaswant Singh alias Meenu is only to further the case of
the prosecution.
37. As per the prosecution version itself, Rishi Pal did not vomit
and accused Jaswant who was present there vomited on the pillow cover, on
another piece of there vomited cloth and on the floor of the room as well as
on his worn clothes. Vomiting material was lifted from the floor, pillow
cover, one cloth piece smeared with vomiting. They were all converted into
sealed parcels and were got examined from the Director, FSL Madhuban.
Poison was detected in the remaining 2 ml. Liqour in Royal Stag Whisky
bottle taken in police possession. From all these circumstances, it does not
appear that poison was mixed only in the glass of Rishi Pal. If the poison
was mixed, then it was mixed in the wine served to Jaswant Singh alias
Meenu also and the poison was there in the liquor contained in the Royal
Stag Whisky bottle because poison was detected in the remaining 2 ml.
liquor lying in the bottle also.
38. Moreover, if Jaswant Singh alias Meenu had indeed poisoned
the deceased, he would not have consumed the same alcohol and stayed in
the room itself after committing the offence in question which is the case of
the prosecution.
39. As to how an appeal against a judgment of acquittal is to be
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dealt with, the Hon'ble Supreme Court in Kallu @ Masih & Ors. Vs. State
of Madhya Pradesh 2006(1) RCR (Criminal) 427 has held as under:-
" 8.While deciding an appeal against acquittal, the power
of the Appellate Court is no less than the power exercised
while hearing appeals against conviction. In both types of
appeals, the power exists to review the entire evidence.
However, one significant difference is that an order of
acquittal will not be interfered with, by an appellate
court, where the judgment of the trial court is based on
evidence and the view taken is reasonable and plausible.
It will not reverse the decision of the trial court merely
because a different view is possible. The appellate court
will also bear in mind that there is a presumption of
innocence in favour of the accused and the accused is
entitled to get the benefit of any doubt. Further if it
decides to interfere, it should assign reasons for differing
with the decision of the trial court."
40. In view of the aforementioned discussion and keeping in view
the law laid down in Kallu @ Masih & Ors. Case (supra), we find no reason
to interfere with the well-reasoned judgment of acquittal passed by the
Sessions Judge, Kurukshetra. Therefore, the appeal stands dismissed.
(JASJIT SINGH BEDI) (SUDHIR SINGH)
JUDGE JUDGE
October 21, 2024
Jitesh
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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