Ashok vs State of Haryana

Ashutosh Mohunta, Actg. C.J.—In the present case, appellant has been convicted for the offence punishable under section 302 IPC vide judgment dated 16.01.2003 and in furtherance thereof has been sentenced to undergo rigorous imprisonment for life with payment of fine of Rs.5,000/- and in default of payment of fine, he shall further undergo rigorous imprisonment for 6 months.

Unfolding the facts, complainant Jai Kanwar stated that he is cousin brother of Bhale Ram. Bhale Ram has 3 daughters and 2 sons, of which one daughter Suman is aged about 16 years while younger to her Parmila is aged about 14-15 years. On 21.09.1999 at about 3 PM, the complainant was waiting outside his house for the milkman. At that time, Suman and Parmila were going towards the well situated near Bhaiyanpur village pond for taking water. When both the girls reached in front of the house of Sube Singh son of Munshi, the accused appeared there with a big knife in his hand and caught hold of Suman by her hand and dragged her towards him. Thereafter he started giving knife blows to Suman on her abdomen, chest, back, neck and on her left leg. On receipt of the said injuries, she started bleeding. Thereafter she and her younger sister Parmila raised alarm which attracted the complainant at the spot and on seeing him the accused ran away towards the village with the knife in his hand stained with blood. On hearing the alarm, Bhale Ram (father of the injured-Suman) and Bhim Singh reached the spot and they both saw the accused running away with a knife in his hand smeared with blood. The complainant, Bhale Ram and Bhim Singh immediately bandaged her abdomen injury and after arranging a vehicle she was taken to PGIMS, Rohtak and was got admitted there. Soon after arrival in the hospital, she expired on account of the injuries sustained by her and the doctor declared her dead.

The Casualty Medical Officer-Dr. C.S. Chhajed sent a ruqqa to the incharge police post PGIMS, Rothak at 4:20 PM intimating the death of Suman. Thereafter ruqqa was sent to the SHO Police Station Sadar Bhadhurgarh requesting for deputing some Investigating Officer immediately. Accordingly Baljeet Singh, SI reached the hospital and recorded the statement of the complainant (Ex.PA). Thereafter, on finding a prima facie case punishable under section 302 IPC, formal FIR (Ex.PA/1) was recorded by Jagdish Chander, MHC. Baljeet Singh, SI visited the spot and picked up the bloodstained earth and after sealing it in a parcel was taken into possession by him. He also prepared rough site plan with marginal notes. Post-mortem examination of Suman was conducted by the doctor and her clothes after having been sealed was handed over to Prithvi Raj, ASI and Rakesh Constable and was delivered to the Investigating Officer Baljeet Singh, who took the same into his possession and deposited the same with Jagdish Chander, MHC on 22.09.1999.

The case was committed to the Court of learned Additional Sessions Judge-II, Jhajjar vide order dated 03.01.2000 and accordingly the accused was charge sheeted on 03.01.2001 for the offence punishable under section 302 IPC and under section 25 of the Arms Act.

The prosecution examined as many as 13 witnesses in the present case namely, PW1-Jai Kanwar, PW2-Parmila, PW3-Head Constable Jagdish Chander, PW4-Constable Suresh Kumar, PW5- Bhale Ram, PW6-Constable Jai Chand, PW7-Constable Jai Bhagwan, PW8-Daya Nand, PW9-Inspector Hari Kishan, PW10- Prem Singh, PW11-Dr. C.S. Chhajed, PW12-Inspector Karan Singh and PW13-Ishwar Singh and thereafter closed their evidence.

In defence, statement of the accused under section 313 Cr.P.C. was recorded wherein he pleaded false implication, however no evidence was led by him in his defence and accordingly his defence evidence was closed vide order dated 04.01.2003.

Learned Counsel for the appellant has argued that there is unexplained and inordinate delay in registration of the FIR in- as much as the occurrence took place at 3 PM but the FIR was got registered at 1:40 AM i.e. after 8-9 hours by the complainant which thus shows that the present case is false and fabricated.

Per contra, it has been argued by the learned counsel for the State that the prosecution has been able to bring home the guilt against the accused being corroborated and substantiated by medical evidence as well as eyewitness account. It has further been argued that the accused himself in pursuant to his disclosure statement got recovered the weapon of offence (knife) and as per the FSL report, human blood group found on the knife was the same as that of the deceased and thus there is no shadow of doubt that the appellant had committed the murder of Suman in the present case.

We have heard learned Counsel for the parties and have gone through the record of the case.

The facts of the case are culled out herein above which need not be reproduced and reiterated for the sake of brevity.

There are 2 eye-witnesses to the occurrence namely Jai Kanwar (PW1), cousin brother of the deceased and Parmila (PW2), younger sister of the deceased and both have fully supported the case of the prosecution. Both of them had seen the accused inflicting injuries at Suman on her abdomen, chest, back, neck and on her left leg with a knife. On hue and cry raised by the deceased and her younger sister (Promila), their father Bhale Ram and one Bhim Singh was attracted at the spot and saw the accused running away with a knife in his hand smeared with blood. In this way even the identity of the accused is not in dispute. It has come on record that before taking the injured to the hospital, she was bandaged around her abdomen injury as loops of gut were protruding out of the wound, however, on arrival in the hospital, she was declared dead on account of the injuries sustained by her at the hands of the accused. Thus, in our considered opinion, the death of the deceased in the present case has been caused by the appellant on account of knife blows inflicted on a person which were sufficient and ante-mortem in nature to cause death in the ordinary course of nature.

As per the post-mortem examination conducted on the body of the deceased (Suman) on 22.09.1999 by PW11-Dr. C.S. Chhajed, following injuries were found:-

"1. A spindle shaped stab wound 5 x 2.5 cm present on the upper part of front of the abdomen, placed vertically present in midline chest just 1 cm below the lower end of sternum. It was 17 cm below the supra sterunal notch, 11 cm from right nipple, and 12 cm from the left nipple. Margins were clean cut, edges were smooth and echymosed. The dried blood was present on its margins the wound was directed antero posteriorly piercing the abdominal wall and left lobe of the liver. There was haemo peri toneum, and the abdominal cavity was full of blood.

Spindle shaped stab wound measuring 7 x 3.5 cm placed on the lower part of abdomen, just 1 cm right to the humbellicus, vertically placed. Lower end of the wound was 12 cm above the pubic symphysis. The loops of gut were protruding out of the wound. Margins of the wound were regular and echymosed. The wound was directed antero posteriorly piercing the abdominal wall. Loops of the gut and measentry and peritoninium were cut at many places. Faecal matter was coming out of the cut loops, peritoneal cavity was full of blood.

Transversely placed in middle, spindle shaped stab wound measuring 6 x 2 cm in size and 3 cm deep up to the bone. It was situated 4 cm below the occipital protuberance. Its margins were regular clean cut and echymosed. The under line tissues were cut. The wound was going postero anteriorly upto the vertiral column. The body of 4th cervical vertibra was cut in middle.

A spindle shaped stab wound 4 x 2.5 cm x bone deep, situated on the tip of the right shoulder region. The underlying tissue were cut and echymosed. The margine of the wound were smooth and regular.

Stab wound 3 x 1.5 cm x bone deep and a spindle shaped situated on the tip of the left shoulder region. The margins were clean cut and regular and smooth underlying tissue cut and echymosed.

A 5 x 2 cm size a stab wound present on the lower back region 6 cm left latral to the mid line. It was situated 14 cm above and middally to left superior iliac spine. The wound was obliquely placed and margins were smooth clean cut and echymosed. The wound is going postero anteriorly and slightly medially and piercing the wall and abodminal cavity.

A spindle shaped stab wound 4 x 2 cm x 2.5 cm deep situated just 1 cm latrally on the right side of mid line. It was placed obliquely and the lower end the wound was 17 cm above and medially to right superior Iliac spine.

4 x 2 cm size stab wound vertically placed on the lower half of the anterior aspect of left thigh 10 cm above the left knee joint region underlying tissue and cut and echymosed.

3 x 2 cm size a stab wound bone deep situated on lateral aspect of left knee joint region underlying tissues were cut and echymosed.

An incised wound of 7 x 2.5 cm in size x 2 cm deep present on the posterior aspect of lower half of left thigh 8 cm above the middle of the popliteal spice tailing effect present on the margins of the wound. It is obliquely placed. The underlying tissues and muscles were cut.

The cause of death of the deceased in my opinion was injury No. 1, 2 and 3. These injuries were ante mortem in nature and were sufficient to cause death in ordinary course of nature. Both collectively as well as individually. The injuries had been caused by a sharp pointed weapon.

It has come on record that the accused was arrested on 23.09.1999 from the turn of Village Dulhera pursuant to the information given of his whereabouts by Prem Singh (PW-10), uncle of the deceased to Karan Singh, SI. Thereafter the accused made disclosure statement (Ex.PE) with regard to concealment of the knife and pursuant to the same, he got the same recovered from the place where he had hidden it vide recovery memo (Ex.PE/2). On forensic examination of the bloodstain found on the knife, it has been established vide FSL report (Ex.PH) that human blood stains found on the knife are that of the deceased. Even as per PW11-Dr. C.S. Chhajed, the injuries on the person of the deceased was caused by a sharp pointed weapon and the possibility of the same having been caused by a knife (Ex.P4) cannot be ruled out. On a suggestion having been put to him, he categorically deposed that ''It is incorrect to suggest that injuries on the person of deceased cannot be caused by weapon Ex.P4''. Thus from the forensic evidence, ocular as well as post-mortem report of the deceased, we have no hesitation in holding that the deceased was murdered by the appellant by causing grievous injuries on her person with the help of a knife, which were sufficient to cause death in ordinary course of nature both collectively as well as individually.

The only argument raised by learned counsel for the appellant that there is un-explained and inordinate delay in registration of the FIR in the present case, we find from the record that there is no substance in the said argument. The occurrence in the present case took place in broad daylight and was eye-witnessed by two persons. The accused appeared suddenly and inflicted several knife blows on vital body parts of Suman and thereafter escaped. It took the relatives of the injured about half an hour to arrange a vehicle so as to take her to the hospital and save her life. Thereafter, the injured was taken to PGIMS, Rothak for treatment but she succumbed to the injuries upon arrival and the doctor declared her dead. Upon her death, the doctor sent a ruqqa to the police post without any delay and the Incharge Police Post also conveyed the message to police station, Bhadhurgarh within one hour on receipt of the same. In the said backdrop and circumstances of the present case, we find that the delay in registration of the present FIR has been sufficiently explained by the prosecution and is not fatal. As for the relatives of the injured, the utmost priority was to save the life of the minor girl who was brutally injured by the appellant with a knife rather than getting into nitty-gritty of registration of FIR but despite all promptness and swiftness through whatever means that were available to them and could think of, they could not save the life of the girl.

Accordingly, in view of the foregoing discussion as unfolded here-in-above, we affirm the judgment of conviction and sentence of the appellant recorded by the learned Additional Sessions Judge, Jhajjar dated 16.01.2003 and accordingly dismiss the present appeal of the appellant being bereft of any merit.

Since we have dismissed the appeal of the appellant on merits, the bail bonds of the accused, who is on bail, are cancelled and he be taken in custody forthwith to serve out the remaining part of his sentence as awarded to him by the learned trial Court.