Dismissed

Ram Kumar v. State of Haryana

Punjab & Haryana HC19 Feb 2013CRA-D/937/2007

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana dismissed the criminal appeal filed by a convicted appellant. The court upheld the trial court's conviction for murder and robbery-related offenses, rejecting arguments regarding delays in the FIR and medical examination and accepting the survivor's testimony as reliable.

What did the court decide?

The criminal appeal was dismissed, upholding the conviction and sentence.

Ram Kumar Vs State of Haryana — Murder and Culpable Homicide | Punjab & Haryana HC (2013)

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Crl. Appeal No.D-937-DB of 2007

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Appeal No.D-937-DB of 2007 Date of Decision:19.02.2013

Ram Kumar

........Appellant

Versus

State of Haryana

........Respondent

CORAM: HON'BLE MR. JUSTICE S.S. SARON. HON'BLE MR. JUSTICE S.P.BANGARH

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Present: Mr. Vinod Ghai, Sr. Advocate with Mr. Mandeep Kaushik, Advocate for the appellant.

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Mr. H. S. Sran, Addl. AG, Haryana.

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S.S. SARON, J.

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This appeal has been filed by Ram Kumar-appellant against the judgment dated 06.10.2007 passed by the learned Sessions Judge, Yamuna Nagar whereby the appellant has been convicted for the offences punishable under Sections 302 and 392 of the Indian Penal Code ('IPC' - for short) and order of sentence dated 08.10.2007 whereby he has been sentenced to undergo rigorous imprisonment for life; besides, pay a fine of Rs.5000/- for the offence under Section 302 IPC and sentenced to undergo rigorous imprisonment for seven years; besides, pay a fine of Rs.5000/- for the offence under Section 392 IPC and in default of payment of fine or a part thereof to undergo further imprisonment for a period of one year. Both the sentences have been ordered to run concurrently.

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The complainant-Chanderma Sahni (PW-7) got his

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statement (Ex.PL) recorded with Yashpal SI (PW-9) on 23.06.2006 at 12.15 pm to the effect that he is resident of Thahra Thakukhari, Police Station Muker, District Chhapra (Bihar) and does labour work. He along with his uncle Ajay (deceased) son of Gama Sahni and his brother Dinesh (deceased) son of Parmod Sahni had about five-six months earlier migrated from their village to Saharanpur (UP) for doing labour work. At the railway station, Saharanpur, Ram Kumar (appellant) son of Som Dutt resident of village Sheopur, Police Station Devband met them. He asked them whether they were to do labour work then they should accompany him to village Sheopur and he would get them employed with the 'Pradhan' of his village, namely Gopal. All three of them came to village Sheopur. Ram Kumar (appellant) got them employed as labourers. They all worked with Gopal Pardhan for five six months only. Ram Kumar (appellant) used to meet them. They had decided to return to Bihar on the next day morning i.e on 24.06.2006. As such all of them settled their labour accounts with Gopal Pardhan. They took the amount that was settled as their wages for labour work. Ajay uncle of the complainant Chanderma Sahni had Rs.10,000/- and Dinesh brother of the complainant also had Rs.10,000/- whereas the complainant Chanderma Sahni himself had about Rs.10,600/-. On 22.06.2006 at about 11.00 am they started for going to their native place at Bihar. Ram Kumar (appellant) met them and he expressed his desire also to visit Bihar. He requested them to take him also and stated that he was coming after changing his dress. After sometime Ram Kumar (appellant) arrived there and Pardhan Gopal

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asked them to take him along. They started from village Sheopur. They were not aware about the way. Ram Kumar (appellant) was under the influence of liquor. He took them to Saharanpur and informed that the sister in law (wife's sister) of his brother resides there and they would go there. Ram Kumar got them in a bus and made them get down on the other side of the stream and asked them to walk along the forest way on foot. They asked Ram Kumar (appellant) as to where was he taking them. He replied that Poonam sister of his wife's brother resides at some distance and after meeting her they would go by train the next morning. He asked them just before the stone crusher on the 'katcha' (unmetalled) passage of jungle to have drinks (liquor) there because there was danger ahead. It was around 8/8.30 pm and Ram Kumar (appellant) made them get down from the 'katcha' (unmetalled) passage to take them in the jungle. The complainant, however, sat on the 'katcha' (unmetalled) passage. His uncle Ajay (deceased) stated that when they had already purchased a liquor bottle, then why not drink it in small quantity. They asked the complainant also to join them. The complainant also started with them. Ram Kumar (appellant) took them about 1 ½ 'killa' (measurement of distance by acres) inside the jungle through the katcha passage. They all sat there after spreading a white colour bed sheet on the ground. They kept liquor bottle in the centre along with a Pepsi bottle. They said that let us eat 2-2 chapaties before having drinks which meal had been brought from the house of Gopal Pardhan. They then took 2-2 chapaties. Thereafter, Ram

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Kumar (appellant) made all of them consumed liquor. Ajay uncle of the complainant got inebriated and lay down under the influence of liquor. Then Dinesh brother of the complainant said that he was also high and he would also lie down. The uncle and brother of the complainant then lay down. The complainant was sitting and Ram Kumar (appellant) was sitting in front of him. He said that he wants to ease himself. They both went to ease themselves. Ram Kumar (appellant) followed the complainant to ease himself. Then he lifted a stone and hit it on the head of the complainant. The complainant asked him as to why was he hitting him. He then asked the complainant to take out the amount that he was carrying. The complainant replied that he would take them out. On hearing this, the uncle of the complainant asked Ram Kumar (appellant) not to commit a villainous act but Ram Kumar (appellant) hit a stone that he was holding in his hand on the back of the head of the uncle of the complainant. The complainant then ran away. Ram Kumar (appellant), however, hit his uncle Ajay and his brother Dinesh with stones and killed them. The complainant spent the night by hiding himself in the ditches in front of the stone crusher. Ram Kumar (appellant) kept searching for him. On the next morning, the complainant narrated the entire incident to munshi Mahavir of the stone crusher. Then Mahavir, complainant and another unknown person went to the spot and they found that Ajay uncle of the complainant and Dinesh brother of the complainant were lying dead. Blood had oozed out from them. Ram Kumar (appellant) to snatch the money from them had killed Ajay uncle of the

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complainant and brother Dinesh of the complainant with stones. He had taken away the money. Legal action was asked to be taken against Ram Kumar (appellant). The statement was recorded by Yashpal SI/SHO Police Station, Khizrabad (PW-9) on 23.06.2006. The complainant-Chanderma Sahni put his left thumb impression. Police proceedings (Ex.PA) were recorded by Yashpal SI/SHO Police Station, Khizrabad (PW-9) at 12.15 pm to the effect that he along with HC Dilbag Singh, HC Balram Singh, Constable Rajesh Kumar on a government vehicle whose driver was Constable Davinder Singh were present on patrol duty on stone crusher zone Ballewala near Shiv stone crusher. Chanderma Sahni complainant got his statement recorded which was reduced into writing and read over to him and explained to him. The complainant after hearing his statement and admitting it to be correct put his left thumb impression, which was attested by Yashpal SI (PW-9). From the statement, an offence under Section 302 IPC was found to be made out. The writing for registration of a case (FIR) was being sent to the police station through Constable Rajesh Kumar. After registration of the case, its number was asked to be intimated. Special report of the case was asked to be sent to the higher officer. SI/SHO Yashpal (PW-9) proceeded to the place of occurrence for investigation.

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Case FIR No.61 dated 23.06.2006 under Section 302 IPC was registered at Police Station Khijrabad vide DDE No.11 dated 23.06.2006 at 2.15 pm by ASI Raghbir Singh. A photographer was summoned at the spot. Rakesh Kumar Photographer (PW-10)

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reached at the spot and he took photographs of the dead body on the directions of Yashpal SI (PW-9). Yashpal SI (PW-9) also inspected the spot and prepared rough site plan (Ex.PP) with correct marginal notes. Inquest proceedings were initiated and statements of witnesses were recorded at the spot. During investigation, he found one empty liquor bottle, one empty Pepsi bottle, two pieces of stone stained with blood and blood soaked earth, which were seized by him vide memo (Ex.PQ). After converting them into a sealed parcel, these were duly sealed with the seal 'DS'. Constable Daya Nand brought a private vehicle at the spot in which the dead body (sic.- bodies) was (sic.- were) sent to Civil Hospital, Jalandhar for autopsy. Head Constable Dilbagh and complainant Chanderma Sahni (PW-7) were directed to accompany the dead body (sic.bodies). Yashpal SI (PW-9) also submitted applications (Ex.PG) and (Ex.PJ) before the Medical Officer, Civil Hospital, Jagadhari for the purpose of post mortem examination. He then returned to the Police Station and deposited the case property with MHC. After post mortem examination HC Dilbagh Singh handed over the sealed parcel to Yashpal SI (PW-9). Sealed parcel containing clothes of the deceased which was deposited by Yashpal SI (PW-9) with the MHC. On 24.06.2006, Yashpal SI (PW-9) recorded the statement of Dilbagh Singh HC. On 28.06.2006 Yashpal SI (PW-9) along with ASI Mehar Singh (PW-8), HC Dilbagh Singh, Constable Bir Singh and complainant Chanderma Sahni were going to village Bharta in search of the accused. When they reached Devdhar at the turning point of village Muzadwala, the complainant identified the accused

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who was standing near the road. Yashpal SI (PW-9) immediately stopped the vehicle and with the help of police officials, the accused (appellant) was apprehended by him. He was interrogated and during interrogation he disclosed his name as Ram Kumar son of Som Dutt resident of Sheopur. His personal search was conducted and during personal search, one country made pistol .315 bore and currency notes of Rs.10,000/- were recovered. A separate case under the Arms Act was registered against the appellant. The amount of Rs.10,000/- was taken in possession vide memo (Ex.PO). The appellant was further interrogated and during interrogation he suffered a disclosure statement (Ex.PM) to the effect that after committing the murder of Ajay and Dinesh, he had removed Rs.10,000/- each from their pockets. Out of which, he had spent Rs.10,000/- and the remaining Rs.10,000/- were the same which were recovered by the police. He further disclosed that he had kept concealed one CD player, un-stitched pant and shirt in the vicinity of Yamuna River underneath the bushes and he could get the same recovered. He also disclosed that he could demarcate the place where he had inflicted injuries with stones on the persons of Ajay and Dinesh. His disclosure statement (Ex.PN) was reduced into writing which was witnessed by ASI Mehar Singh (PW-8) and HC Dilbagh Singh and it was signed by Ram Kumar (appellant). Ram Kumar (appellant) was brought to the police station and lodged in the police lock up. On 29.06.2006, he was produced in the Court of the Area Magistrate and police remand was sought. The appellant then in pursuance of his disclosure statement led the police party to

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the place disclosed by him and got recovered a CD player and an un-stitched pant and shirt which were duly identified by Chanderma Sahni complainant (PW-7). The same were taken in possession vide memo (Ex.PR). Thereafter, the appellant led the police to the place of occurrence and demarcated the place. Memo (Ex.PS) in this regard was prepared. Site plan (Ex.PT) of the place from where the accused got recovered the CD player was prepared. Yash Pal SI (PW-9) had seen register No.19 of Police Station Khijrabad and as per record the CD player and Rs.10,000/- had been taken on superdhari by Chanderma Sahni. Stones (Ex.P1) and (Ex.P-2) were the same, which were recovered by Yashpal SI (PW-9) from the place of occurrence on 23.06.2006. The empty liquor bottle and empty Pepsi bottle were Ex.P-8 and Ex.P-9 which were taken in possession from the spot. On 01.07.2006, Yashpal SI (PW-9) recorded the statements of MHC and Constable Rajesh Kumar (PW5). On 14.07.2006, he recorded the statement of Rajesh (sic.Rakesh) Kumar Walia Photographer (PW-10). On 03.08.2006, the statement of Patwari Halqa was recorded. On 13.08.2006 after completing the investigation in the case police report (challan) in terms of Section 173 of the Code of Criminal Procedure ('Cr.P.C' - for short) was prepared and filed in the Court of learned Chief Judicial Magistrate, Jagadhari on 14.08.2006. The learned Chief Judicial Magistrate, Jagadhari in view of the offence under Section 302 IPC being alleged vide order dated 07.09.2006 committed the case to the Court of learned Sessions Judge, Yamuna Nagar. The learned Sessions Judge, Yamuna Nagar on 21.09.2006 charged the

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appellant-Ram Kumar on the allegations that he on 22.06.2006 in the area of Stone Crusher Zone falling within the jurisdiction of police station Khijrabad committed murder by causing the death of Ajay and Dinesh and thereby committed an offence punishable under Section 302 IPC; besides, on the same date and place, he committed theft of Rs.10,000/- from Ajay and Rs.10,000/- from Dinesh and Rs.10,600/- from Chanderma Sahni complainant and carrying away the said property voluntarily caused the death of Ajay and Dinesh in the presence of Chanderma Sahni (complainant) and at the time of committing extortion he induced Chanderma Shawney then and there to deliver Rs.10,600/- and thereby he committed an offence punishable under Section 392 IPC and it was directed that he be tried by the Court of Session. The contents of the charge were read over and explained to the accused in simple Hindi. He heard and understood the charge and pleaded not guilty; besides, claimed trial.

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The prosecution in order to establish its case examined as many as 10 witnesses; besides, tendered documents in evidence. The statement of the appellant in terms of Section 313 Cr.P.C was recorded and subsistence of the evidence appearing against him was put to him. In his defence, he stated that he was innocent and had been falsely implicated in this case on the statement of Chanderma Sahni as his intention became dishonest and as such he attacked the deceased with the intent to rob them of their money and he falsely named the appellant as he was earlier known to him. He had nothing to do with the alleged offence.

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The learned Sessions Judge, Yamuna Nagar after considering the evidence and material on record convicted the appellant for the offences under Sections 302 and 392 IPC and sentenced him to undergo imprisonment for life and imprisonment for seven years respectively for each of the said offences; besides, pay a fine of Rs.5000/- each of the said offences and in default thereof to undergo further imprisonment for one year. Aggrieved against the same, the appellant has filed the present appeal.

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Mr. Vinod Ghai, Sr. Advocate with Mr. Mandeep Kaushik, Advocate for the appellant has contended that there is delay in lodging the FIR inasmuch as the alleged incident is said to have occurred at about 08.30 or 9.00 pm on 22.06.2006 whereas the statement (Ex.PL) was recorded at 12.15 pm on 23.06.2006. The FIR was registered at 2.15 pm and said report reached the Magistrate at 8.25 pm on the same day i.e. 23.06.2006. In fact the police station was only half a kilometer from the place of occurrence; besides, it is submitted that there is delay in the papers reaching Dr. Ramesh Kumar (PW-6) inasmuch as the papers reached him on 24.06.2006 at 10.00 am vide application (Ex.PJ). It is submitted that there is further delay in the medical examination of complainant Chanderma Sahni on 25.06.2006 at 2.20 pm, that is, two days of the incident by Dr. Anuj Mangla (PW-11). It is also submitted that the conduct of witness (complainant Chanderma Sahni/PW-7) at the time of occurrence and after it does not inspire confidence inasmuch as at the time of occurrence, he did not interfere and later ran away from the spot. Therefore, he did not

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see who caused the injuries. Stone crusher from the place of occurrence, it has come on record, was 500 yards away and the complainant did not approach the stone crusher which is running 24 hours a day. The further conduct of the complainant is such that throughout a night, he was hiding whereas he could have easily gone to the stone crusher. Therefore, it is submitted that his presence at the place of occurrence is doubtful and he was called at the spot where the dead bodies were found after incident had occurred and the entire prosecution case concocted. It is submitted that this is evident from the fact when Rakesh Kumar Photographer (PW-10) had gone to village Ballewala at 10.00 am on 23.06.2006 where the incident had occurred. He states that no one else was present. Therefore, it is submitted that the complainant indeed did not witness the occurrence and everything had been manipulated by the police so as to falsely implicate the appellant.

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In response, Mr. H. S. Sran, learned Addl. AG, Haryana has stated that the complainant-Chanderma Sahni (PW-7) has fully supported the prosecution case and he was a natural witness as he along with his uncle Ajay Sahni (deceased) and his brother Dinesh Sahni (deceased) had gone to do labour work for Gopal Pardhan and after settling the accounts with him, they were to return to Bihar and there was money with them which was stolen from them and has been recovered from the appellant. Besides, Chanderma Sahni (PW-7) is a stamped witness and he received injury on his person on the head; therefore, it is submitted that two stones stained with blood one weighing 10 kilograms and another less than

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that were recovered from the place of occurrence. It is submitted that the prosecution has, therefore, clearly established its case and does not warrant any interference by this Court.

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We have given our thoughtful consideration to the matter and with the assistance of learned counsel appearing for the respective parties have perused the records.

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The complainant-Chanderma Sahni (PW-7) has supported the prosecution case in all respects. He has stated that deceased Ajay and Dinesh were his 'chacha' (father's younger brother) and his brother respectively. They all had migrated from their village to Saharanpur (UP) in search of labour work approximately five-six months prior to the incident. He identified Ram Kumar who was present in the Court room at the time of making his deposition. He had met them at railway station, Saharanpur and asked them to accompany him to village Sheopur for getting labour work from the village Pardhan, namely, Gopal. They all accompanied him to village Sheopur in search of work and Ram Kumar (appellant) helped them in getting the labour work. They worked with Gopal Pardhan for five to six months only. Ram Kumar (appellant) used to meet them on regular basis during that period. On 22.06.2006, they had decided to return to their native land in the State of Bihar. The complainant-Chanderma Sahni (PW7), deceased Ajay and deceased Dinesh cleared their accounts with Gopal Pardhan who gave Rs.10,000/- each to Ajay and Dinesh whereas he got cash amount of Rs.10,600/- only. They started for the native place on 22.06.2006, when Ram Kumar (appellant) met

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them at about 11.00 am and offered to travel with them to Bihar. He carried his luggage and joined them. They all went to Saharanpur and then he took them to a house on the pretext that wife's sister of his brother lived there. He also purchased liquor and took them on foot to the jungle. He insisted on staying at the residence of Pooja, his relative. He stated that they shall travel by train on the next morning. He then took them to the 'katcha' (unmetalled) path to a stone crusher and asked them to relax for sometime and consume liquor since further continuation of journey by night would be dangerous. It was already 8.30 pm. He spread a cloth sheet and made them comfortable on it. He served liquor to all of them. The complainant (PW-7) consumed very little liquor as per his habit. However, the two deceased took good quantity of liquor and retired for the night. He then went away on the pretext of easing himself. He came back after a little while and hit the complainant (PW-7) on the back of his head with a stone. He then asked the complainant (PW-7) to hand over the entire cash with him. The other two companions lay asleep at the spot. Ram Kumar hit both of them with stones. He removed the amount from the persons of the two deceased but the complainant (PW-7) managed to escape since he was fearing for his life. He spent the night in the jungle hiding there. On the next morning i.e. 23.06.2006, the complainant (PW-7) walked down to the stone crusher and narrated the incident to the tea vendor there. He then lodged report (Ex.PL) with the police which bears his thumb mark. The dead bodies of his uncle and brother were delivered to him after autopsy for the last

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rites. The police had also recorded his supplementary statement on the same day. The police visited the spot in his presence and seized the clothes of deceased Dinesh which were still un-stitched and 'Arpan' make VCD belonging to his 'Chacha' (father's younger brother). The complainant (PW-7) was cross-examined by the learned counsel for the appellant at considerable length. However, nothing substantial could be brought out from his cross-examination which may favour the appellant. He inter alia stated that they were always apprehensive and were asking the appellant again and again as to where was he taking them but he kept on assuring them that they had almost reached the spot. He had given to the police the name of the sister of his wife's brother of the appellant as Pooja. He (PW-7) was confronted with the statement (Ex.PL) where the name of his brother's wife sister Pooja is not recorded. The scene of the crime was at a distance of about 500 yards from the stone crusher. The crusher was illuminated with light and it work for all hours of the day. They took liquor upto 8.30 pm. He (PW-7) had seen the stones Ex.P-1 and Ex.P-2 on the date of his deposition. He was hit with the stone (Ex.P-1), the larger one. He fell down on being hit. Thereafter, his uncle was hit on his face. The appellant had in fact crushed the face and head with a stone. All this happened right in front of his eyes. He was unable to stop him. He was the first one to be attacked followed by his uncle Ajay and then his brother Dinesh. He was hit while asleep. He came out from the jungle after day break. He was too terrified to move out during the dark hours. The accused had fired upon him with a fire arm but he

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escaped unhurt. He told the police about the firing incident. A telephone message was sent to the police station from the stone crusher and the police arrived at the crusher where he lodged report (Ex.PL). He denied the suggestions put to him that he had given a totally false and concocted story to the police as well as the Court.

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Dr. Ramesh Kumar Medical Officer, Civil Hospital, Jagadhari (PW-6) conducted the postmortem examination on the dead bodies of Ajay and Dinesh. He found the following injury on the dead body of Dinesh i.e. 5 x 3cms x bone deep oozing wound just above and adjoining left eye ball was present. Blood was oozing out. On dissection underlying bone i.e. frontal bone was found fractured and brain matter was coming out. The cause of death in his opinion in this case was head injury which was ante mortem in nature and sufficient to cause death in the normal course of life. On the person of Ajay, he found following injuries:- (i) 2 x 1cm x bone deep lacerated wound on right region of scalp. Underlying occipital bone was found fractured and brain matter was crushed. (ii) two lacerated wounds of size 5 to 7 cms x 1cm x bone deep present on left parieto occipital region of scalp underlying bones were found fractured and brain matter was coming out. The cause of death in his opinion in this case was head injury which was ante-mortem in nature and sufficient to cause death in the normal course of life. Dr.Ramesh Kumar (PW-6) also deposed that he had seen the stone (Ex.P-1) which was more than 10 kilograms in weight and was apparently stained with blood. He had also seen stone (Ex.P2)

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which was also stained with blood but was comparatively small in size and weight. He did not rule out the possibility of the injury suffered by Dinesh on his head with these two stones. He also stated that he did not rule out the possibility of injury suffered by Ajay on his head with these two stones (Ex.P-1) and (Ex.P-2). In cross-examination, it is stated that rigor mortis starts after one or two hours of the death and disappear completely within 48 to 72 hours. This would depend upon the climatic conditions. It was wrong to suggest that rigor mortis was bound to disappear within 36 hours during the summer month because it should ultimately depend upon the climatic conditions prevailing in the area during those eventful hours.

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Dr. Anju Mangla, Medical Officer, CHC, Kalayat, Distt. Kaithal (PW-11) on 25.06.2006 had examined Chanderma Sahni complainant (PW-7). She found a lacerated wound 2 ½ x ½ x ½ cm in size was present on the head in the occipital region in the middle. There was blackish brown clotted blood in and around the wound. The hair were matted and no swelling was present. The wound was simple and blunt and the duration was less than 72 hours. Copy of MLR was Ex.PV which bears signature of Dr. Anju Mangla (PW-11). In cross-examination, it is stated that the patient did not give history of receiving the injuries at the time of examination. She did not ask as to how he had received injuries at that time. The possibility of having been received injuries on the person of injured due to fall on the hard surface or stone could not be ruled out. The history of receiving injuries by the patient was

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also not disclosed by the police official.

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The FSL report (Ex.PX) states that Exhibit 1 (stone) and Exhibit 2 (stone) were stained with blood stains. Blood was detected on Exhibit 3 (blood stained earth) and Exhibit 4 (blood stained earth). Exhibit 5a (shirt), Exhibit 5b (pants), Exhibit 5c (underwear) and Exhibit 5d (bed-sheet) were stained with blood stains. Exhibit 6a (shirt), Exhibit 6b (pants) and Exhibit 6c (underwear) were stained with blood stains. The serologist report has been placed on record. Human blood was detected on the two stones though the blood group was inconclusive. The material had disintegrated on blood stained earth, shirt, jeans, 'kachha' (underwear), 'chadra' (bed-sheet), shirt, pants and 'kachha' (underwear).

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Therefore, it may be noticed that the prosecution has established its case on the basis of eye witness account of the complainant Chanderma Sahni (PW-7) who is a stamped witness in the case and had received injury in the same incident as has been deposed by Anuj Mangla (PW-11). The medical evidence of Dr. Ramesh Kumar (PW-6) establishes that the death of Ajay and Dinesh was possible with injuries inflicted with stones Ex. P1 and Ex.P2; besides, the FSL report Ex.PX establishes that the stones that were recovered from the place of occurrence and which were used for inflicting injuries were stained with human blood.

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The contention of Shri Vinod Ghai, Sr. Advocate with Mr. Mandeep Kaushik, Advocate for the appellant that there has been delay in lodging the FIR is without any merit inasmuch as the

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incident had occurred after 8.30 pm on 22.06.2006 whereas the statement (Ex.PL) was recorded at 12.15 pm on 23.06.2006. The FIR was registered at 2.15 pm and the special report reached the Magistrate at 8.25 pm on the same day i.e. 23.06.2006. It is no doubt that the police station is half a kilometer from the place of occurrence. However, it is to be kept in view that the complainant Chanderma Sahni (PW-7) had seen the incident and his uncle Ajay and brother Dinesh were murdered; besides, he was a stranger in the area. They had come from the State of Bihar to do labour work. After the incident , the complainant had hid himself in the ditches near the stone crusher. It is quite natural for him to hide himself for the entire night and come out of his hiding after day break. There is no reason for the complainant (PW-7) to falsely implicate the appellant-Ram Kumar. The FIR has named only one person i.e. Ram Kumar (appellant) and it is not shown that the FIR was recorded after due deliberations and consultations so as to rope in others. A prompt lodging of a FIR is not an unmistakable guarantee of the truthful version of the FIR and neither is delay in lodging the FIR in any manner fatal. The complainant Chanderma Sahni (PW-7) is a stamped witness inasmuch as he had suffered an injury from the appellant Ram Kumar on his head; besides, his presence at the place of occurrence is natural and fits in with the stand of the prosecution that the three of them, that is, the complainant (PW-7) as also his uncle Ajay and brother Dinesh had together come from the State of Bihar to Saharanpur Railway Station from where they were taken to village Sheopur to do labour

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work for Gopal Pradhan of the village. After doing work for about five-six months, they all were to go together back to Bihar. However, the appellant way laid them to the jungle with the intention of looting their money that they had earned in the past five-six months. The recovery of money from the appellant is also established. The incident had occurred in the area of Police Station, Khijrabad District Yamuna Nagar in the State of Haryana. The police, therefore, registered the case and sent the accused for trial. In the circumstances, the delay, that is, said to be there in lodging the FIR in fact is wholly immaterial and inconsequential. The circumstances of the case clearly go to establish the guilt of the appellant which also makes the delay in lodging the FIR of no significance.

¶100

The contention of the learned counsel for the appellant that it was a self suffered injury on the person of the complainant (PW-7) is not proved from the record and neither was any such suggestion put to Dr. Anuj Mangla (PW-11). Therefore, the complainant being a stamped witness, his deposition and evidence inspires confidence that he had seen the occurrence in the manner it actually occurred; besides, he had consumed less liquor than his uncle Ajay and his brother Dinesh. Therefore, he was able to run away when he was attacked and saved himself.

¶101

The conduct of the complainant at the time of occurrence and after it is not in any manner unusual. The complainant was a simple labourer who had come from the State of Bihar to earn by doing labour work here. The fact that he did not

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interfere when the appellant was throwing stone is quite natural. The fact that he was immobilized by the injury that was caused to him on his head and due to fear he had run away and to hide himself in the area during the night, and in the morning he approached Mahavir munshi of the stone crusher who informed the police and his statement (Ex.PL) was recorded. The fact that he did not approach any official of the stone crusher during the night even though the stone crusher was reportedly running 24 hours in a day, would not in any manner affect the prosecution case. The complainant being in a new area and in the jungle with cash on him which was likely to be stolen as the appellant had asked him to hand over the cash, it would be quite natural for him to remain where he was during the night and only come out during the day. In the facts and circumstances of the case, the conduct of the appellant is not in any manner unusual which would cast doubt in the prosecution case. It is to be kept in view that the stones Ex.P1 and Ex.P2 have been shown to Dr. Ramesh Kumar (PW-6) and he has opined that injuries on the person of the deceased could be inflicted with them. The fact that when Rakesh Kumar Photographer (PW-10) goes to village Ballewala at 10.00 am on 23.06.2006 where the incident had occurred, he did not see any person from the public is inconsequential and does not in any manner dislodge the prosecution case in view of the said circumstances.

¶106

The other contention of Sh. Vinod Ghai, Senior Advocate with Mr. Mandeep Kaushik, Advocate for the appellant which would

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require consideration that Dr. Anuj Mangla (PW-11) had examined the complainant two days after the occurrence which is quite unusual. In this regard, it may be noticed that the injury on the person of the complainant is not so serious on the occipital region that it would require immediate attention so as to cause any complication. In fact one day was consumed by the complainant in hiding himself and thereafter, he on the following day after the incident was with the police in the investigation of the case. Therefore, if his medical examination was conducted two days after the incident is not such a circumstance which would affect the prosecution case.

¶111

It is also contended on behalf of the appellant that there was a delay in the papers (Ex.PJ) reaching the doctor on 24.06.2006 at 10.00 am whereas the incident had occurred on 22.06.2006 and the investigation was conducted on 23.06.2006. This also is not such a circumstance to materially affect the prosecution case as the complainant being a simple labourer from Bihar would not have impelled the police to act with promptitude and it carried out its investigation in the normal course of events which must have resulted in delay in the application (Ex.PJ) for conducting post mortem.

¶112

The defence has placed on record recovery memo Ex.DA to contend that currency notes of Rs.20/- were recovered from the Rexene purse which had been taken in police possession. From this it is sought to be contended that the amount of Rs.10,600/- which the complainant was carrying had not been recovered. In this

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regard it may be noticed that vide recovery memo Ex.PO currency notes of Rs.10,000/- were recovered from the possession of the accused (appellant) containing 15 currency notes of the denomination of Rs.500/- each and 25 notes of the denomination of Rs.100/- each. The complainant (PW-7) identified these as is own which were taken in possession through memo as token of proof. Therefore, the amount of Rs.10,000/- was recovered from the appellant which the complainant (PW-7) had identified. The recovery of Rs.20/- vide memo Ex.DA is from the personal search of the complainant. The fact that he was carrying Rs.20/- in his purse is quite natural.

¶117

The other contention of the learned Senior Advocate for the appellant that no alcohol was found in the post mortem examination from the dead bodies of Ajay and Dinesh. In this regard it may be noticed that the incident had occurred on 22.06.2006 and the post mortem was conducted on 24.06.2006. The period of time between death and post mortem is mentioned in the post mortem report (Ex.PH) as within 24 hours to 36 hours. Therefore, by this time for the smell of alcohol to be not there does not cast any doubt. It is well known that the medical reports to ascertain the cause of death and other circumstances are only corroborative in nature and do not by themselves prove or disprove the case. In the present case, there is an eye witness account which clearly establishes the guilt of the appellant. Therefore, the fact that there is no smell of alcohol in the post mortem examination or that liquor was not found is hardly of any value.

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The other contention of the learned Senior counsel for the appellant that the complainant in his statement in Court while appearing as PW-7 states that the appellant had fired at him. Therefore, it is contended that in case the appellant had fired there was no need for him to throw a stone as well. It may be noticed that the possibility of the appellant throwing a stone and not firing with the weapon that he was carrying or may be carrying is not such a circumstance to hold the prosecution case to be disproved. The appellant at the spur of the moment may act in any manner that he feels proper. The fact that he had not fired with the weapon and threw stones was for him to act in a particular manner. Therefore, this does not cast any doubt on the prosecution case specially when it is established that the deaths of Ajay and Dinesh had occurred with injuries that were caused with stones Ex.P1 and Ex.P2.

¶122

Therefore, in the facts and circumstances we are of the view that the learned trial Court has correctly appreciated the evidence and material on record in recording a finding of guilt against the appellant and no ground is made out for interference with the order that has been passed.

¶123

Consequently, there is no merit in the appeal and the same is accordingly dismissed.

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Ram Kumar v. State of Haryana

Case brief

What is this about?

What did the court decide?

Ram Kumar v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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