Criminal Appeal No. 200 of 1997
Punjab-Haryana High Court
BENCH: Hon’ble K. S. Garewal J., Hon’ble A Dutt J.
DATE OF JUDGEMENT: 16th March 2004
RELEVANT ACTS/ SECTIONS:
- Section 450 of IPC (House-trespass to commit an offence punishable with imprisonment for life)
- Section 302 of IPC (Punishment for murder)
- Section 307 of IPC (Attempt to murder.—Whoever does any act with such … life convicts.)
- Section 457 of IPC (Lurking house-trespass or house-breaking by night)
- Section 300 of IPC (Murder.—Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done to cause death)
- Section 304 II of CrPC (The High Court may, with the previous approval of the State Government, make rules)
- Section 313 of CrPC (Power to examine the accused)
BACK STORY
On the night of October 5, 1993, at about 9 p.m. Jagsir Singh trespassed into Bant’s Singh house at KotliAblu where Bant Singh was present along with his son Boota Singh and Boota Singh’s wife Charanjit Kaur. Jagsir Singh entered the courtyard, armed with a gandhala, and told Bant Singh that he would not be allowed to escape alive since he had abused him. Jagsir Singh gave a gandhala blow to Bant Singh on his head and Bant Singh fell unconscious. The occurrence was witnessed by Charanjit Kaur and Boota Singh, they both raised an alarm and Jagsir Singh escaped from the spot with his weapon. Bant Singh was removed to Civil Hospital, Muktsar where he was medically examined at 5.20 a.m. on October 6 by Dr. K. S. Sandhu.
Copy of the statement was sent to Police Station and F.I.R. was registered at Police Station Kotbhai on October 7 at 7 p.m.
The Medical Officer was contacted by ASI Amar Singh for recording Bant Singh’s statement but the injured man was declared unfit by Dr. Sandhu at 10 a.m. on October 6. Later, Bant Singh was referred to Medical College, Faridkot at 10.20 pm. but when Boota Singh reached the hospital at Faridkot along with the injured Bant Singh, the hospital was found closed and the injured was then taken to Dayanand Medical College and Hospital, Ludhiana where he was admitted by Dr. Deepak Gupta.
The Investigating Officer then recorded the statements of Boota Singh and Bohar Singh, sons of Bant Singh. Bant Singh died at Ludhiana on October 9 at about 11.00 p.m. On receiving information of Bant Singh’s death ASI, Amar Singh returned to the hospital and prepared the inquest report where after the dead body was sent to Civil Hospital, Ludhiana for post mortem examination which was conducted by Dr. G. S. Grewal on October 10, at 6.00 p.m.
Jagsir Singh was arrested on October 13 and after completion of the investigation, he was sent up to face trial. The charge was framed under Sections 450 and 302 IPC to which he pleaded not guilty and claimed trial. Then he was examined without oath under Section 313, Cr. P.C. he denied the circumstances which appeared against him and pleaded that he has been falsely implicated due to party faction in the village. According to Jagsir Singh, Charanjit Kaur and Boota Singh was made up of witnesses. The prosecution had concocted a false story after 3/4 days in connivance with the complainant party. The accused was called upon to enter defense but he did not examine any witness.
POSTMORTEM FINDINGS
Bant Singh was removed to Civil Hospital, Muktsar, where he was medically examined at 5.20 a.m. on October 6 by Dr. K. S. Sandhu and the following injuries, were found on his head:-
Lacerated wound 7 cm x 2 cm bone deep obliquely placed on the right side of the head, 9 cm above and front of right ear and 5 cm from the midline, clotted blood was present. Clotted blood was also present in the nose and left ear.
It was also noted that the patient was semi-conscious, pupils were equal and reacting to light. B. P. was 110/ 70 mmg and pulse was 94 per minute.
It was also found that a 9-inch long wound on the head starting from the middle of the right eyebrow going upwards to the right parietal-temporal region and the middle of the right occipital region up to 3 inches of the right ear. On exploration of the skull, the hematoma was present under the temporal region of the wound. The right temporal bone was missing. On further exploration hematoma was present on the right hemisphere of the brain extending from the frontal bone to the occipital bone and the temporal region of the brain was lacerated at some places.
The cause of death was hemorrhage and shock as a result of injury to the brain which was sufficient to cause death in the ordinary course of nature.
JUDGEMENT
The case of the appellant was not covered by Section 300, thirdly and he was wrongly convicted for murder. The case then transferred under Section 304, Part II, Cr P.C.
Conviction of the appellant is hereby converted from Section 302, I. P. C. to Section 304, Part II, Cr. P. C., and sentence was reduced from life to rigorous imprisonment for 5 years. The appellant also paid a fine of Rs. 50,000/-, in default of payment of a fine; he would further undergo rigorous imprisonment for 1 year. However, the conviction of the appellant under Section 450, I. P. C. was upheld. Both the sentences run concurrently. The appeal was disposed of with the above modification in conviction and sentence.