Satnam Singh and ors. vs State of Haryana

S.D Bajaj, J.

Real brother of the deceased name Attar Singh reported to S.I./S.H.O. Nafe Singh of Police Station, Nissing at Pucca Khera Bus Stand around 2.00 P.M. on l8th August, 1986 that his younger brother Kidar Singh (now deceased) was called from his house in village Anchla at 4.00 P.M. on the previous day viz l7th August, 1986 by Satnam Singh accused and his nephew (of accused Satnam Singh) named Avtar Singh alias Tari and all the three left the house together saying that they were going to the fields. Kidar Singh did not get back home till 11.00 A.M. on l8th August, 1986 when his elder brother Attar Singh, author of the First Information Report and his uncle in brother/hood named Maha Singh together started searching for him. ExSarpanch Multan Singh and Om Parkash son of Kala Ram, both Gujjars; who met the search party on the way told them that on the previous evening they had seen Satnam Singh, Avtar Singh and Kalu beating Kidar Singh near the dera of Fauja Singh, father of Satnam Singh accused. Both the persons searching for Kidar Singh then came to the dera of Fauja Singh and found Kidar Singh lying dead therein on a cot. There were injuries on the face and forehead of the deceased, blood had oozed out from the penis and froth had come out of the mouth. The motive for killing mentioned by Attar Singh to the police was that sale price of the hebuffalo allegedly sold by Kidar Singh to Satnam Singh was yet payable by accused to the deceased and, therefore, to avoid making this payment the three accused had in pursuance of their common intention shared by them all, intentionally done Kidar Singh to death.

On being charged with the commission of offence under section 302 read with section 34 of the Indian Penal Code for having intentionally caused the death of Kidar Singh deceased in pursuance of their common intention shared by them all the three, the three accused pleaded `not guilty, thereto and claimed to be tried. Vide its impugned judgment dated 24th February, 1988 learned trial court convicted all the three accused of the commission of the offence under Section 302 read with section 34 of the Indian Penal Code and sentenced everyone of them separately to undergo imprisonment for life for their individual conviction aforesaid. Feeling aggrieved therefrom, all the three accused have jointly filed Criminal Appeal No. 105DB of 1988 in this Court.

We have heard Shri P.S. Mann, Sr. Advocate, with Shri J. S. Dhillon, Advocate, for the three appellants; Shri S.V. Rathee, Advocate, for the State, and have carefully gone through the entire evidence on record.

Author of the First Information Report and elder brother of the deceased named Attar Singh PW 2 states :

"I am a cultivator residing at village Anchla. We were 3 brothers. I am the eldest. The names of the remaining 2 brothers are Kidar Singh deceased and Jagdish. Kidar was about 35 years old and he was unmarried. Village Bansa, again said revenue estate of village Bansa adjoins the revenue estate of our village Anchla and two revenue estates are separated by a drain. We have about 4 killas of land, situated in revenue estate Anchla along the drain. This land used to be cultivated by Kidara deceased. Dera of Fauja Singh who is the father of Satnam Singh accused, is situated at a distance of about I killa from the said drain, in revenue estate Bansa. Fauja Singh had got some agricultural land at his Dera. Due to the situation of our land and dera of Fauja Singh, there was much love and affection between Satnam accused and my brother Kidara. They used to meet quite often and drink also. Avtar Singh accused is the son of the real sister of Satnam accused. As far as I know Didar @ Kalu is the grandson (daughter''s son) of Fauja Singh but I am not very certain. Didar Singh @ Kalu is a resident of village Bansa whereas the remaining 2 accused used to reside at the said dera of Fauja Singh.

Kidar Singh, about 3 months prior to the occurrence had sold at he buffalo (Jhota) to Satnam Singh for Rs. 1100/ This money had not been paid by Satnam to Kidar.

About more than 6 months back, it was about 4 P.M., when Satnam and Avtar Singh accused, had come to the house of Kidara. At that time, I was present at my own house. These two houses are situated absolutely adjacent to each other. Reaching the house of Kidara, Satnam and Avtar accused had, asked him (Kidara) to accompany them to their dera, to which Kidara had agreed and accompanied them. During that night, kidara had not come back to his house. The next day after waiting for Kidara, I along with Maha Singh, who is my collateral uncle, started searching Kidara at about 11 A.M./11.15 A.M. On the way, Multan Sarpanch and Om Parkash PW had met us. We told them about the missing of Kidara, at which they told us that they had heard a noise and at about 8 P.M./8.15 P. M. at the dera of Satnam Singh. They had further told us that hearing the noise, both of them had gone to the said dera running; that it was a moonlit night and we should go to the said dera for further information. They had also told us that they had heard the cries of Kidara and had also seen him (Kidara) being beaten by Satnam, Didar, Kalu and Avtar Singh accused. At this, I and Maha Singh reached said Dera. But anybody was not seen. We went inside the dera and saw the dead body of Kidara lying on a cot in a room. Deputing Maha Singh there, I was going to the police station but the police party met me near Pacca Khera crossing, where I made my statement Ex. PE."

PW 5 Maha Singh Corroborates the version brought on record by Attar Singh PW 2 in all material particulars.

Out and out corroboration of the :assertions made by Attar Singh PW 2, of Multan Singh and Om Parkash having seen the three accused beating Kidar Singh (now deceased) in the evening on 17th August, 1986 and then taking Kidar Singh along towards, the dera of Fauja Singh, father of Satnam Singh accused, is forthcoming from the deposition on solemn affirmation of Multan Singh ExSarpanch PW 3 and Om Parkash PW 6 who state :

"A little more than 6 months back, it was about 7 P.M. when I had started irrigating my land with canal water. I had irrigated my land for about half an hour, when Om Parkash PW had called me, saying that some noise was coming. I went to the fields of Om Parkash running. Reaching there, I heard the noise coming from the side of boundary of village Bansa. It was a moonlit night. Hearing the noise I and Om Parkash went running to the drain bank, situated towards our land i.e. towards the side of village Anchla. Reaching there, I saw all the 3 accused namely Satnam, Kalu and Avtar now present in the court fighting with Kidara. All these 3 accused on one side and Kidara on the other side were beating each other. All the 3 accused were belabouring Kidara with fists and slaps blows. Kidara was crying enquiring as to why he was being beaten. He was also saying that they (accused party) were to pay him some money and he had further requested to spare him even if they did not pay him his money. Satnam was abusing Kidara in the name of sister and was further saying that on that day, he would be sparing only after killing him (Kidara) and they (accused) would send him (Kidara) back along with the money. Standing on the drain bank I called Satnam, enquiring as to why, they were beating Kidara. Hearing my noise, some of the accused replied that they would send Kidara back only after giving him the money; that at that time all the 3 accused were under intoxication of liquor. Giving this reply, the accused had stopped beating Kidara. After it, all the 4 persons (Kidara and the 3 accused) left the spot, towards the dera of Satnam. Kidara was ahead of all, whereas the 3 accused were following him. After it, I and Om Parkash came back to

our respective fields.

The next day, at about 11 A.M. I had just left my house for my field again said. I. was coming back from my fields and I was near my baithak and then Attar Singh and Maha Singh met me. At that time, Om Parkash was also going from the side of house towards his fields. I and Om Parkash had stood there, when Attar Singh & Maha Singh met us and exchanging, greeting, we started talking with each other. Attar Singh told me about missing of Kidara at which I and Om Parkash had told him that Kidara and the 3 accused were quarrelling with each other the previous evening, at about 8 P.M./8.30 P.M. and they (Attar Singh and his companion) should search Kidara at the Dera of Satnam "

Assertions made by Multan Singh PW 3 and Om Parkash PW 6 of their having seen the three accused beating Kidar Singh (now deceased) near the dera of Fauja Singh late in the evening l7th August, 1986 are borne out from the expert medical evidence of Dr. A.K. Garg PW 1 who states :

Myself, Dr. J.C. Bathla and Dr. Ramesh Aggarwal jointly conducted postmortem. examination on the dead body of said Kidar Singh son of Ram Dia aged 35 years r/o Anchla on 19.886 at 12:30 P. M. We found the following injuries on the dead body :

There was haematoma 8 cm x 3 cm. area over right temporoparietal region, underneath the scalp.

There was extra vacation of blood in the anterior aspect of chest under the subcutaneous tissue in its upper part, left clavicle and 4th, 5th and 6th ribs on left side were fractured. Left plura space was full of blood and left lung was lacerated at many places.

In our opinion, the cause of death in this case was asphyxia and as a result of injury to the left lung. The probable time between injury and death was within few minutes while between death and postmortem within 48 hours.

The possibility of the injury on the person of the deceased in this case by slaps fist blows and knee strokes cannot be ruled out. I had opined to this effect on application Ex. PD made by police to me vide my endorsement Ex. PD/I which is in my hand and bears my signature."

S.I./S.H.O. Nafe Singh PW 12 states

"Thereafter, I along with said Attar Singh and other police officials left for the spot i.e. dera of Fauja Singh, situated in the area of village Bansa reaching the spot at abut 2.45 P.M. Dead body of Kidar Singh deceased was found lying in a room in the said dera. Maha Singh PW was found present there."

The assertions made by S.H.O. corroborate the version brought on record by Multan Singh PW 3 and Om Parkash PW 6 of the three accused having taken Kidar Singh (now deceased) to the inside of the dera of Fauza Singh, father of Satnam Singh accused after beating him in the open close to the dera

There is no direct evidence of eyewitness in this case and the case is based only on circumstantial evidence. The law regarding circumstantial evidence is well settled. When a case rests upon the circumstantial evidence, such evidence, must satisfy three tests: (1) the circumstances from which an inference of guilt is sought to be drawn, must be cogently and firmly established, (2) those circumstances should be of a definite tendency unerringly pointingtowards guilt of the accused, (3) the circumstances, taken cumulatively, should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused and none else. The circumstantial evidence in order to sustain conviction must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused. The circumstantial evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence. The circumstantial evidence in the instant case may be broadly classified into four parts :

(i) Oral evidence of Attar Singh PW 2 real brother of the deceased that the deceased was called by two out of the three accused in Satnam Singh and Avtar Singh from his house in village Anchla around 4.00 P.M. on 17th August, 1986 and left his house with them;

(ii) That the three accused and the deceased were seen together late in the evening on 17th August, 1986 by Multan Singh PW 3 and Om Parkash PW 6 when all the three accused were beating the deceased with slaps and kicks;

(iii) Of all the three accused having taken the deceased towards the dera of Fauja Singh, father of Satnam Singh accused thereafter when the two witnesses aforesaid asked the accused not to beat the deceased; and

(iv) of the dead body of the deceased having been found lying on a cot inside a kotha of the dera aforesaid.

Each of the circumstances relied upon, as discussed earlier, has been clearly established and proved and all the four circumstances taken together exclude the possibility of innocence of the accused. These circumstances are not explainable on any other hypothesis except the guilt of the accused. The definition of proof does not draw any distinction between circumstantial and other evidence. These circumstances taken together unerringly lead to the conclusion that within all human probability the offence was committed by the three accused and none else. In this view of the matter, the finding of guilty returned by the learned trial court against the convicted accused appellants is affirmed. Sentence awarded to everyone of the three accused for their conviction aforesaid is also appropriate. We see no ground to tinker therewith in the present appeal.

For the reasons given above Criminal Appeal No. 105DB of 1988 fails and is accordingly dismissed.