State of Himachal Pradesh vs Ganesh Chand and Others

Dev Darshan Sud, J.—The State challenges the acquittal of the respondents u/s 302/34, IPC. They were charged for having committed murder of Jodha Ram on 4.3.1999 at village Panyal. The peculiar feature of this case is that all the eye witnesses have turned hostile and have not supported the prosecution case. The genesis of the entire case is Ex. PA statement made by Mohinder Singh who states that Jodha Ram deceased was his brother and on 4.3.1999 he came to know that Ganesh kumar, Subhash Chand, Kishori Lal, Nirmal Singh alias Punni and Joginder Singh fought with him and in the altercation, Ganesh attacked him with knife with a result of which his brother died. When he reached at village Panyal he was informed that Janma Ram (PW2) had purchased goats from Prabhat Singh about which there was a dispute. In this ensuing quarrel, the deceased was stabbed to death. PW2/A is the statement made by Janma Ram (PW2) on 4.3.1999. He says that he is resident of Nagrota Suriyan and is butcher by profession selling ''Jhatka'' meat. He had purchased two goats from Prabhat Singh on 2.3.1999. Out of which he had taken one goat with him and in the morning of 4.3.1999 he went to fetch the second goat from the house of Prabhat Singh at Panyal. While he was transporting the goat in the bus to Nagrota Suriyan, Subhash Chand was also sitting in that bus remarked that the goat with this witness of ''Baba'' (offered to deity). He then asked him that from where he had got this goat. He told him that he had purchased it from Prabhat Singh. At this Subhash started quarreling with him. He alighted from the bus with the goat to pacify the matter and asked him (Subhash) to accompany him to the house of Prabhat Singh. There they did not find him present but his wife Pawna was there and he told her that Subhash was saying that the goat has already been offered to the deity. He left the goat there and told her that when Prabhat Singh will return he will take the goat. At that time Kala, Fazla and Jodha also reached there and they started conversing with each other. Joginder also arrived there and Subhash stated that he had been beaten up by Janma Ram and his friends, at which, an altercation ensued. One person who was beareded was armed with a knife attacked Jodha Ram, stabbing him on the chest. The deceased screamed "mar diya" (I have been killed) and walked about 30 yards to the back yard of the house. At that time Pawna got some cotton and gave it to Jodha Ram and also offered water to him but he died. All the accused fled from the scene of occurrence. First Information report was accordingly registered at police station Haripur. Now adverting to the evidence on record. Pawna Devi, PW1 in whose house the occurrence is supposed to have occurred has clearly washed her hands with the entire affair. She states in her examination-inchief that she does not know Jodha Ram nor she recognized the accused. No altercation, fight etc. took place in her presence. She had not supported the prosecution case and she was declared hostile and cross-examined at length. She only says that her husband sold two goats to Janma Ram about 8 months ago. One was taken away by him on that very day whereas the second was taken away on the next day. She denied the occurrence in totality. She admits that the wounded person was present in her house, who was bleeding and she had given cotton wool to him and also offered water to him.

PW2 Janma Ram, who was also declared hostile stated in his examination-in-chief that he is running a meat shop at Nagrota Surian. Deceased Jodha Ram, who was also butcher at that place. He knew Prabhat of village Panyal from whom he purchased two goats. PW1 Pawna is wife of Prabhat Singh. He had purchased the goats about 7-8 months earlier. He took one goat to his shop immediately and the second one on the next day. He says that when he brought the second goat to his shop, Pawna was present in the house but her husband was not there. He had transported the goat in a mini bus to Nagrota Surian. On the way accused Subhash met him in the bus and told him that the goat was already offered to the deity. Then they proceeded to the house of Prabhat Singh and left the goat at his house and thereafter boarded in the bus at village Peer Bandli. He says that then he went to some other''s place to purchase a goat. He is categoric in his examination-in-chief that no scuffle or fight took place in his presence and no body was beaten up in his presence. He was declared hostile and cross-examined at length but nothing material has been elicited from him which would destroy the veracity of his statement in examination-in-chief. In cross-examination by the defence, he says that his signatures were obtained by the police in Police Post Nagrota Surian on a number of documents which were lying there. Some documents were also signed by him at Police Station Haripur and he does not know what was written in these documents because they were never readover to him. He emphatically denied that Ganesh has made any disclosure statement regarding the fact that he could have the knife recovered. He did not see Fazla, Kala and Bhuti at the house of Prabhat Singh. He saw none of the accused either in the house or in the village on that fateful day.

PW3 Ashok Kumar alias Bhuti says that he used to work with Jodha Ram. Fazla and Janma Ram were also carrying on their trade in Nagrota Surian. On 4.3.1999 when he was arranging the meat at his shop Jodha Ram was also with him. Kala and Panjaboo alias Punjab Singh came to his shop. Both of them hugged Jodha Ram and took him towards the bus-stand. He says that Punjab Singh is brother of Janma Ram. He was signaled to join the party. When he joined them, he was told that Janma Ram had some dispute with respect to the goat at Panyal. He asked Jodha and this witness to go to Panyal to settle the dispute. Thereafter, Kala, Fazala, Ashok Kumar and Jodha went to Panyal in a jeep. At Panyal Janma Ram and Subhash accused ( who were identified in the Court but did not know the name) were present there. He says that Janma Ram had some injury on his person and he told him that he had been beaten up by Subhash. Jodha Ram gave 2-3 slaps on the face of Subhash and thereafter the matter was settled in writing and the goat was left at the house of Prabhat Singh. The writing was handed over to Janma Ram for reporting the matter at Nagrota Surian. Thereafter two persons came on a scooter whom he identified in the Court pointing out them as Joginder Singh and Kishori Lal (he recognized their faces but did not know their names). He also identified Ganesh Chand and Nirmal Singh, who were the members of the unlawful assembly that attacked Jodha Ram. He stated that Ganesh Chand had a dragger wrapped in a newspaper. He says that Jodha Ram was caught by Subhash and Nirmal and assaulted by Ganesh Chand with a knife. At this, Jodha Ram screamed and went to the back yard of the house of Prabhat Singh whereas the accused kept standing in the court yard. At this, he, Fazla and Kala ran away from there. He says that one lady was present in the house in whose presence the entire occurrence took place. In cross-examination, he says that his statement was recorded on 8.3.1999. He remained with the police in the house of Pawna Devi till evening. The police knew that he was an eye witness. On the day of occurrence, he did not state anything about the incident to the police nor the police asked him about it. He says that he chose to keep quite because Janma Ram was stating the truth.

PW4 Kala Puran Chand alias Kala states that he was a butcher and now running a Karyana Shop at Nagrota Surian. He knew the deceased Jodha Ram, Fazla, Bhuti and Janma, who were also butchers. He does not know accused Joginder. He says that he does not know anything about the incident of 4.3.1999. No altercation/fight had taken place and nothing happened in his presence. His cross-examination does not reveal anything. Fazla alias Subhash, PW5 says that he knew deceased Jodha Ram, Kala Bhuti, Janma Ram butchers. On 4.3.1999 at around 9/10 a.m. some one called him where Janma Ram, their Pradhan had some quarrel over some goat. He, Jodha Ram, Bhuti and Kala went in a vehicle to Pir Bandli. Bhuti is also known as Ashok Kumar and Kala as Puran Chand. At Pir Bandli, Janma Ram and accused Subhash met them. He and Subhash came back to Nagrota Suriyan to find out what was the cause of the quarrel. Jodha Ram told that the goat was left at the house of Prabhat Singh and therefore he asked them to go there. In the house of Prabhat Singh at Panyal there was an old man and one Pawna Devi, who asked them to leave the goat there saying the money would be returned when her husband came back. In the meantime, large number of persons gathered there. Some sticks etc., were thrown on them and he fled away from there. He turned hostile and cross-examined at length but nothing material was elicited from him.

Dr. D.P. Swami, PW6 conducted post mortem examination of the dead body of Jodha Ram. He found stab wound of 1"x1 1/4 "x3'' on the left side of the chest, just 1 1/2" below the left nipple. He opined that the cause of death was haemorrhagic and cardiogenic (cardiac tamponade) shock due to ante mortem stab injury to left side of heart (ventricle). This is the totality of the evidence. The other witnesses are police officials. The report of the chemical examiner Ex. P13/L shows that blood was found on the shirt and chappals of the deceased. The blood was also found on dragger sent for chemical examination but could not be analyzed to ascertain its group etc. The learned Sessions Judge has acquitted all the accused holding that all the eye witnesses have resiled from their statements. He also found that even after these witnesses have been declared hostile no reliance can be placed on their statements for the reasons that they did not establish the case of altercation or the manner in which the incident took place. We find that in statement Ex. PA there is no mention of Ashok Kumar, PW3. Statement Ex. PA is the information conveyed by the brother of the deceased. We also find that PW3 Ashok Kumar has stated that some writing was executed but it has never seen in the light of the day. This writing purported to substantiate the fact that some compromise had been arrived at between the parties. It is true that maxim "falsus in uno falsus in omnibus" is not applicable to criminal trials in India. Further, even if we ferret facts from the evidence of Pawana Devi, PW1 who has resiled from her entire statement. She has denied that something of the kind, as urged by the prosecution has taken place in her presence. Her case is of total denial so that all other witnesses including Janma Ram, PW2 who has made statement Ex. PW2/A and has denied each and every suggestion made to him with respect to the fight having taken place in his presence and the deceased Jodha Ram having been attacked with a knife or he was killed. He only states about some dispute regarding the goat which was purchased by him from Prabhat Singh. Looking at the prosecution case from all probabilities, we do not find either from the examination-in-chief or cross-examination of the witnesses anything supporting the case of the prosecution. We, therefore, find no merit in this appeal which is accordingly dismissed. Bail bonds furnished by the respondents are discharged.