Kishori vs State of Haryana

Pritpal Singh, J.

Mohar Singh of village Chhilaro in district Mohindergarh was murdered in his own house during the night between 11th and 12th March, 1985. His widow Smt. Lado lodged the First Information Report on 9.30 a.m. on March 12, 1985 at Police Station Nangal Chowdhri, which was recorded by Sub Inspector Dilawar Singh (PW5). There was no eyewitness to the occurrence Smt. Lado, in the First Information Report, expressed the suspicion that her husband had been put to death by his employers Maha Singh, Phulla, Kishori and Ram Sarup, who are brothers. During the investigation of the case the police came to the conclusion that Kishori accused had committed the murder whereas the first information Smt. Lado had lodged a false report with the attention of screening Kishori accused from legal punishment. Consequently, Kishoi accused was charged under Section 302, Indian Penal Code (hereinafter called `the Code'') and Smt. Lado under Section 201 of the Code. They were tried in the Court of the learned Sessions Judge, Narnaul.

At the trial the prosecution examined Dr. A.K. Chakkar (PW4) who had performed autopsy on the deed body of Mohar Singh. The doctor had discovered the following injuries thereon :

(1) An incised wound 9 cms. X 5 cms. on front of right side of the neck just above the hyoid bone, the edges were clean cut, smooth and the underlying muscles and trachea were cut. The external jugular vein and external and internal catroid arteries of the right side were cut cleanly. The surrounding area had blood stains and it did not wash on cleaning the wound. The wound was less deeper on the right side than its left part. The edges were everted. The trachea has blood.

(2) An abrasion 1.2 cms. X 0.3 cm. on right thumb on its ventral aspect at proximal phalanx. The blood was clotted.

(3) An abrasion linear 1.5 cms. in size oblique on right index finger on its ventromedal aspect of middle phalanx. Blood was clotted.

(4) An abrasion 3 cms. X 1 cm. on left thing at the hip joint. The blood was clotted.

(5) There was a lacerated wound 1.2 cms. X 2 cms. on right side of tongue on its anterior 1/3rd. It was 0.8 cm. in depth.

In the opinion of the doctor injury No. 1 was sufficient to cause death in the ordinary course of nature.

The prosecution then examined Sulochana (PW1), 12 years old daughter of the deceased, on whose solitary statement its case rests. She stated that her father Mohar Singh deceased was employee of Kishori accused and his brothers and he not only worked in their fields during the day but also used to sleep there at night. On 11th of March, 1985 the deceased had come to the house at about 4.00 p.m. to take his meals. Thereafter at about 8.00 p.m. he left for the field. He was suddenly taken ill in the fields and so he was brought to the house at about 11.00 p.m by the accused Kishori and his brothers. A doctor was called who gave him the injections which afforded him some relief. The doctor as well as the accused Kishori and his brothers then went away. Shortly thereafter the condition of the deceased deteriorated. Khishori accused was, therefore, called again and he took upon himself to look after the deceased during the night. Leaving him with the deceased in the chappar, Smt. Lado accused and Sulochana (PW1) went to sleep in another chhappar. At about mid night on hearing cries of the deceased they woke up and came out of the chhappar and saw that Kishori accused was emerging from the chappar occupied by the deceased and he had some kind of iron weapon in his hand. Impressing upon Smt. Lado accused and Sulochana (PW1) not to raise any alarm, Kishori accused went to his own house. Smt. Lado and Sulochana then returned inside the chappar in which they were earlier sleeping and remained there till the breaking of the dawn. In the morning they called Manohar Lambardar who entered to chappar where the deceased was sleeping and found him lying dead with an injury on his neck.

Smt. Lado thereupon went to Police Station, Nangal Chowdhri and lodged the First Information Report (Exhibit PE). Sub Inspector Dilawar Singh (PW5) went to the place of occurrence and prepared the inquest report (Exhibit PD/2). He arrested Kishori accused on March 16, 1985 and in pursuance of his disclosure statement recovered a sickle (Exhibit P.1) Smt. Lado accused was arrested by him on March 23, 1985.

Manohar Lal (PW2) is the Medical Practitioner of Nizampur who had come to the house of the deceased after the latter was brought from the fields by Kishori accused and his brothers. He deposed that on examining the deceased he found that he was suffering from intestinal colic. He give him some medicine and injunctions.

The accused in their statements under Section 313, Code of Criminal Procedure, denied complicity in the crime, the learned trial Court placing reliance on the testimony of Sulochana (PW1) convicted Kishori accused under Section 302 and the Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1000/ Smt. Lado accused was convicted under Section 201 of the Code and sentence of four years'' rigorous imprisonment was imposed on her. The accused have filed separate appeals against their convictions (Crl. Appeal No. 419DB of 1985 by Kishori accused and Crl. Appeal No. 425SB of 1985 by Smt. Lado accused) which are being disposed of together.

As mentioned earlier, the prosecution case is based on the sole testimony of Sulochana (PW1) daughter of deceased and Smt. Lado accused. She is a child witness and is, therefore, easily susceptible to tutoring. Her testimony has necessarily to be scrutinised with great caution. The averment which she made in the Court described above is in direct contradiction with her earlier police statement. In her earlier statement she did not state her father had suffered a relapse or the Kishori accused was alleged again. It is not mentioned therein that she had seen Kishori accused coming out of the chappar of the deceased or that he had an iron weapon in his hand. Hence the statement made by Sulochana (PW1) in Court in materially different from her police statement. As such, it will be highly hazardous to place reliance on her testimony : which lacks corroboration from any other source. We, therefore, find it difficult to base conviction of the accused Kishori merely on her uncorroborated testimony. Her latter deposition in Court which differs from the earlier police statement must be looked with suspicion as an after thought. We also find it unbelievable that even after hearing the cries of the deceased and seeing Kishori accused emerging from his chappar they did not care to go to the deceased to find out the reason for his cries. Their returning to sleep without approaching the deceased was so unnatural a conduct upon which no reliance can be placed. Strangely it was Manohar Lambardar who is said to have discover the deceased dead in the morning. If her testimony is disbelieved then there is no evidence at all the connect Kishori accused with the murder of the deceased Mohar Singh.

S.I. Dilawar Singh (PW5) has stated that the chappar in which the deceased was sleeping had no door. It is situated in a courtyard which has 11/2 high boundary wall on three sides. The fourth side is open. It shows that the chappar was easily accessible to anyone from out side the house. It, therefore, cannot be assumed that Smt. Lado accused was necessarily involved in the crime committed in that chappar even though she was intimate of the house. There is not the least evidence to indicate her involvement in the crime.

For aforesaid reasons we are of the view that the prosecution has failed to prove its case against the accused beyond reasonable doubt. These two appeal are, therefore, allowed and both the accused are hereby acquitted.