Bhagwan Singh vs State of Punjab

V.K. Bali, J.

As in every case based upon circumstantial evidence, so also in this the only moot question is as to whether the chain of circumstances is complete to lead to the only hypothesis that the appellant Bhagwan Singh had murdered Surinder Kaur for which he was charged and after resultant trial convicted by the learned Sessions Judge, Ferozepur vide judgment dated 23rd of April, 1993. Whereas Bhagwan Singh through criminal appeal bearing No. 144DB of 1993 filed by him seeks setting aside of the order of conviction and sentence passed against him by the learned Sessions Judge, Piara Singh, the husband of Surinder Kaur through separate Criminal Revision bearing No. 311 of 1993 filed by him seeks enhancement of sentence imposed upon Bhagwan Singh. Brief resume of facts leading to the death of Surinder Kaur needs unnecessary mention.

On the statement of Piara Singh PW3 Joginder Kumar Inspector PW8 recorded the F.I.R. at 3.20 p.m. on 30th of August, 1990. Piara Singh stated that on 30th of August, 1990 at about 7.00 a.m. he alongwith his brothers Jit Singh and Bhajan Singh had gone to the fields after taking their cattle from the village. At about 9.00 a.m. his wife Surinder Kaur had brought their meals in the fields and after serving the same, she returned to the house after about an hour. When at about 12 noon, he went to his house from the fields for taking tea for his brother, his mother Vidya told him that Surinder Kaur had not yet returned from the fields. Thereupon, he told his mother that after serving meals, Surinder Kaur had already returned two hours before. On hearing the reply of his mother that Surinder Kaur had not returned to the house, he went back to their fields in search of his wife. He took his brothers Jit Singh and Bhajan Singh alongwith him. While searching for her, they reached near the paddy fields of Shingara Singh son of Jetha Singh which falls in the way to his fields, he noticed tramplled paddy towards the Northern side of the path. On suspicion he alongwith his brothers went 5/7 Karmas in the paddy crop from the passage and saw the dead body of his wife Surinder Kaur lying there having bluish contusions on her neck. It appeared to him and others accompanying him that somebody had strangulated Surinder Kaur. The gold rings which she was wearing in her ears were also missing. The dead body of Surinder Kaur was lifted and brought to the house. Some unknown person had strangulated his wife to death and also removed gold ear rings from her ears. After leaving his brothers Bhajan Singh and Jit Singh near the dead body, he came to the police station alongwith Nihal Singh Sarpanch of the village to lodge a report. The police station is stated to be four miles away from the village where the occurrence took place. The statement was recorded as mentioned above by Inspector Joginder Kumar.

From the facts as mentioned above, it appears that the occurrence leading to the death of Surinder Kaur had taken place at about 10/11 a.m. on 30th of August, 1990 in village Shahdeenwala and the incident was reported to the police at 3.20 p.m. on the same very date. The special report with regard to the incident reached the Magistrate at Ferozepur which was so taken by Constable Chamkaur Singh at 8.30 p.m. again on 30th of August, 1990 itself.

With a view to bring home the offence against the appellant, the prosecution examined PW1 Dr. G.S. Negi. He stated that on 31st of August, 1990 at 8.10 a.m. he had conducted the postmortem examination on the dead body of Surinder Kaur and found the following injuries:

Reddish brown contusion 71/2 cm x 1/2 cm on the left side of neck starting from just left of midline at the level of lower part of thyroid cartilage. It was horizontally placed. Congestion and haemorrhage were present in the underneath tissues.

Reddish contusion 2 cm x 1/2 cm on the right side of neck 3 cm to the right of the midline at the level of upper part thyroid cartilage.

Reddish abrasion 1/4 cm x 1/8 cm on the left side of neck 11/2 cm below injury No. 1.

Reddish abrasion 3 cm x 1/4 on the front of neck extending on to the left side 1 cm below injury No. 3.

Reddish abrasion 1/2 cm x 1 cm on the right side of neck 4 cm below injury No. 2.

Reddish contusion 1/2 cm x 1 cm on the left side of neck 1 cm below mandible.

Reddish contusion 1/4 cm x 1/4 cm on the left side of face 1 cm below injury No. 6.

On dissection of neck congestion and haemorrhages were present underneath the injuries described. Some muscle tissues were also lacerated underneath. There was fracture of thyroid bone. There was laceration of the sheath of common corotid artery. The intime of the artery was also lacerated on the left side.

Lacerated wound 1/4 cmx 1/8 cm skin deep on the back of left ear lobule. Congestion of surrounding tissues on dissection.

Lacerated wound 1/4 cm x 1/8 cm skin deep in the back right ear lobule. On dissection congestion of surrounding tissues was present."

The cause of death in the opinion of the doctor was asphysixa due to strangulation. All the injuries were antemortem and sufficient to cause death in the ordinary course of nature. The probable time that elapsed between injuries and death was immediate and between death and post mortem 12 to 24 hours.

Balbir Singh Patwari of the village was examined as PW2. He stated that he had gone to the place of occurrence and had prepared a scaled site plan Ex. PF on the pointing out of Piara Singh. The land of which he had prepared scaled site plan was owned by Ram Singh, Santa Singh, Shingara Singh, Piara Singh, Dial Singh, Gopal Singh and Naranjan Singh sons of Jetha Singh. Piara Singh the husband of the deceased was examined as PW3. He deposed in tune with the F.I.R. lodged by him. All that requires to be mentioned about his crossexamination is that he admitted that father of Nihal Singh Sarpanch and father of Bhagwan Singh appellant were real brothers and Naranjan Singh member Panchayat of village Shahdeenwala was uncle of Bhagwan Singh. Hardeep Singh was examined as PW4. He only stated that the was called to Police Station Sadar Ferozepur, where Kashmir Singh and Piara Singh were already there. He went to the Police Station and Kashmir Singh and Piara Singh sat in Nehru Park. After sometime Kashmir Singh came out of the Police Station and took Piara Singh in a room and after sometime they came out with a pair of ear rings and the same were shown to him. He was asked as to whether these were prepared by him, he answered in affirmative. The earrings were got prepared by Piara Singh about 21/2 years back for his wife Surinder Kaur. Kashmir Singh was examined as PW5. He stated that he was exmember Panchayat of village Kakuwala and about fifteen months ago, he and Piara Singh and Hardeep Singh had gone to Police Station Sadar Ferozepur. Piara Singh and Hardeep Singh were sitting in the Nehru Park when he went to police station. The police asked him to see the seal on a blank paper and seals on a sealed parcel and thereafter after breaking open seals a pair of earrings was taken from the parcel. Police handed over to him that pair of earrings alongwith six pairs of more earrings. He had taken all the 7 pairs of earring to Nehru Park and took Piara Singh to a room with him and he was shown the earrings and enquired from him as to which earrings belonged to Surinder Kaur. He picked up one pair of earrings and identified the same to be of Surinder Kaur. Thereafter the same very pair of earrings was shown to Hardeep Singh outside the room. He also identified that the pair of earrings was got prepared by Piara Singh from him about 21/2 years ago. Ram Singh was examined as PW6. He is the one before whom the appellant is said to have made the confession. He stated that he knew Bhagwan Singh accused. The accused had come to his house and told him that 17 days earlier, he had killed Surinder Kaur by strangulating her by Safa in the paddy field of Shingara Singh son of Jetha Singh in the area of village Shahdeenwala. He had taken her to the field with an intention to commit rape on her. Surinder Kaur told him that she would disclose the episode in the house and on that account she was killed. He also removed her earrings. Accused had also handed over a pair of gold earrings to him. Thereafter accused was produced before the police and pair of gold earrings were handed over to the police. Mukhtiar Singh was examined as PW7. He stated that when he was going from village Shahdenwala to village Haripur and had reached near the paddy fields of Shingara Singh son of Jetha Singh, he noticed Bhagwan Singh accused holding a Safa in his hand and having no turban on the head. He was coming from the side of paddy field of Shingara Singh and at that time he was perplexed. He asked the accused as to why he was perplexed. The accused, however, looked forward and went away. Inspector Joginder Kumar, S.H.O. Police Station Mallanwala was examined as PW8. He told the court the way and manner in which he had conducted the investigation. When examined under section 313 of the Code of Criminal Procedure, the appellant stated that he was innocent. Dead body of Surinder Kaur was recovered from the house of Piara Singh. She was having illicit relations with Jit Singh elder brother of Piara Singh about which Piara Singh came to know as there was rumour in the village. He was illegally detained by the police on 30th of August, 1990 alongwith his brother Joginder Singh and others namely Gurbachan Singh, Balbir Singh, Shingara Singh and others about which applications and telegrams were given by his uncle Niranjan Singh and father Gopal Singh. After detaining him illegally, this false case was planted against him. The appellant also led evidence in defence. DW1 Mohan Lal Puri, Head Clerk, Telegraph Office could not depose anything as the records summoned from him had already been destroyed. DW2 Vijay Kumar Ahlmad brought the summoned informatory application given by Gopal Singh son of Jetha Singh which was presented to Shri A.K. Singla, Judicial Magistrate 2nd Class, Ferozepur on 3rd of September, 1990 at 11.20 a.m. Naranjan Singh was examined as DW3. He stated that Bhagwan Singh and Joingder Singh were taken to Police Station Sadar Ferozepore on 30th of August, 1990. Some more persons were arrested from the village. He sent informatory telegram on Ist of September, 1990 in this regard. After 5/7 days other persons were left out and only Bhagwan Singh was involved in that case and that dead body of Surinder Kaur was recovered from the house of Piara Singh. Gopal Singh was examined as DW4. He made informatory application to the Magistrate concerned on 3rd of September, 1990. Smt. Vidya from the office of District and Sessions Judge was examined as DW5. She had only brought the summoned record and she proved Ex. DD the attested copy of telegram received in the office.

From the facts as fully detailed above, it would be seen that the prosecution chose to prove the case against the appellant on the basis of circumstantial evidence. The said evidence consists of extrajudicial confession made by the appellant to Ram Singh PW6. The pair of gold ear rings was also stated to have been handed over by the appellant to this very witness. The next chain in the circumstances is the identification of the gold earrings said to have been removed from ears of Surinder Kaur when she was allegedly done to death by the appellant and the next and the last chain in the circumstances is that the appellant was seen near the place of occurrence in a perplexed condition.

Mr. R.S. Ghai, the learned Senior Advocate who represents the appellant in support of appeal preferred by him vehemently contends that the circumstances sought to be established against the appellant are so weak in nature that finding of conviction cannot be recorded against the appellant. That apart, the prosecution chose to establish the case against the appellant by examining interested witnesses and for that reason, no reliance can be placed upon their testimony. Mr. Mehtab Singh, learned Deputy Advocate General, however, endeavonred his best for us to hold the conviction and sentence recorded by the learned Sessions Judge.

We have heard the learned Counsel appearing for the parties and with their assistance scanned the entire records. On appraisal of the evidence, we are, however, of the opinion that it is not a case where the prosecution might have been able to prove that the chain of circumstances is so complete that it might lead to an irresistible conclusion that it is the appellant alone who had murdered Surinder Kaur wife of Piara Singh. Ram Singh PW6 who is perhaps the most important witness as it is before him that the appellant is said to have made extrajudicial confession and to whom alone gold ear rings said to be belonging to Surinder Kaur were handed over is married to sister of father of Piara Singh. In other words, the wife of Ram Singh is aunt (Bhua) of Piara Singh. This witness resides in village Wahgewala which is stated to be 20 kms away from village Shahdeenwala where the occurrence had taken place. It has come on the records of the case from the crossexamination of Piara Singh PW3 himself that father of Nihal Singh Sarpanch and father of Bhagwan Singh appellant are real brothers and Naranjan Singh member Panchayat of village Sahdeenwala is uncle of the appellant. It appears to us strange that when in the village of the appellant itself Sarpanch and Panches were available who were even related to the appellant and in whom, he could really confide yet he had chosen to go 20 kms. away to make extrajudicial confession to a relation of Piara Singh the husband of the deceased. The confession is said to have been made by the appellant after 17 days of the date of occurrence. That apart, Ram Singh has stated in his examinationinchief that appellant had told him that he had taken Surinder Kaur in the fields with the intention to commit rape on her and it is when she told him that she would disclose that episode in the house that the appellant killed her. If the intention was to commit rape on Surinder Kaur, we do not think he would have after killing her removed the earrings.

The other circumstance pressed into service against the appellant is that he was seen around the place of occurrence in suspicious circumstances. To prove this fact Mukhtiar Singh PW7 came into the witness box. He is also related to Piara Singh husband of deceased Surinder Kaur. He is nephew (sister''s son) of father of Piara Singh. All that this witness had stated was that he was going from village Shahdeenwala towards village Haripur and when he had reached near the paddy fields of Shingara Singh, he had noticed Bhagwan Singh appellant holding a Safa in his hand. He was having no turban on his head and was coming from the paddy fields of Shingara Singh and was perplexed. He has given no date or time when he found the appellant near the paddy fields of Shingara Singh. No implicit faith can be placed on the testimony of this withess as well. The only remaining circumstance against the appellant is the identification of gold earrings stated to be belonging to Surinder Kaur. Identification by the witnesses of the said earrings belonging to her do not carry the prosecution version any further.

The defence has lead evidence in this case to show that the appellant alongwith others was arrested on 30th of August, 1990, whereas the extra judicial confession is said to have been made on 17th of September, 1990.

In our considered view the prosecution has not been able to prove the guilt of the appellant beyond shadow of reasonable doubt and therefore this appeal deserves to succeed. The order of conviction and sentence passed by the learned Sessions Judge is, thus, set aside and if not required in any other case, the appellant is ordered to be set at liberty forthwith.

Since we have allowed the appeal of Bhagwan Singh, Criminal Revisions No. 311 of 1993 preferred by Piara Singh for enhancement of sentence deserves to be dismissed. So ordered.