Chanan Singh vs The State

Bedi, J.—Chanan Singh appellant and Amar accused (acquitted) were committed to the Court of Session on the charge that they, on the night between the 6th and 7th of September 1961 at village Nidhanwala, did commit the murder of Gurdas Singh by internationally causing his death in furtherance of the common intention of theirs and Sewak Singh and thereby committed an offence punishable u/s 302/34 of the Indian Penal Code and secondly, that they, on or about the night between the 6th and 7th of September 1961 at village Nidhanwala knowing that Gurdas Singh had been murdered and an offence punishable with death had been committed, did cause the dead body which was evidence of the said offence to disappear with the intention of screening the offenders from legal punishment and thereby committed an offence punishable u/s 201 of the Indian Penal Code. Karnail Singh accused (acquitted) was committed to the Court of Session on a charge u/s 302 read with section 109 of the Indian Penal Code on the allegation that he, on or about the night between the 6th and 7th of September 1961 at village Nidhanwala, abetted the commission of the offence of murder of Gurdas Singh by Chanan Singh, Amar Singh and Sewak Singh which murder was committed in consequence of his abetment. The case was tried by Shri R.S. Bindra, Additional Sessions Judge, Ferozepore, who found the charge against Amar Singh and Karnail Singh doubtful and acquitted them, but held Chanan Singh appellant guilty u/s 302, Indian Penal Code, convicted him accordingly and sentenced him to death vide his order dated the 13th of March 1962. In case the death sentence was not confirmed, Chanan Singh was then to undergo rigorous imprisonment for three years u/s 201, Indian Penal Code. Sewak Singh who had turned approver was discharged. Chanan Singh feels aggrieved against that order and has come up in appeal to this Court. The question of confirmation of the death sentence of Chanan Singh as required u/s 374, Criminal Procedure Code, is also before us.

The story for the prosecution as given by the various prosecution witnesses briefly runs as under Chanan Singh appellant and Karnail Singh accused (acquitted) are brothers while Amar Singh is said to be the sister''s son of Chanan Singh''s wife. Gurdas Singh deceased was son of Angrez Singh, and Sewak Singh approver had been their siri about three years or so before this occurrence. He was given Rs. 300/- by Angrez Singh P.W. by way of advance at the time he took up their service. Sewak Singh, however, left that job and at that time owed Rs. 100/- to Angrez Singh and his son. The deceased off and on used to demand this money from Sewak Singh, but Sewak Singh for one reason or the other, could not repay the amount. The matter was brought to the notice of the Sarpanch by the deceased and through his intervention the sale-deed in favour of Sewak Singh and his father in respect of a vacant plot was given to Angrez Singh by way of pledge. The appellant and the other accused (acquitted) were Sewak Singh''s friends. Chanan Svagh appellant also worked as a siri with Gurdas Singh and his father Angrez Singh. Chanan Singh demanded some food grains from the deceased and his father, but they refused to give him the same telling him that they had already given him enough. About a fortnight or so before this occurrence Chanan Singh went away in connection with the engagement of his sister without obtaining leave or permission of his employers. He remained absent for four or five days, and on his return he was severely scolded by the deceased.

About 11 days or so before this occurrence Chanan Singh and Gurdas Singh went out to the latter''s fields and saw that the cattle of Amar Singh had strayed into the fields of the deceased and damaged the same. The deceased, therefore, abused Amar Singh. It is also alleged that about five days or so before this murder the approver Sewak Singh, Karnail Singh, Amar Singh and Lal Singh P.W. met at the house of Chanan Singh appellant who served them with liquor. It was on that day that they all decided that on the next Wednesday when there was a turn of water of Gurdas Singh, they would murder him. On the day of this occurrence, i.e., on the 6th September 1961, at about 5 or 5-30 p.m. Gurdas Singh and Chanan Singh appellant went to the fields as their turn of water was to start at about 6-00 p.m. the same evening. Gurdas Singh, however, returned to his house at about 7 p.m. leaving Chanan Singh there and took his meals. At about 8 p.m. Chanan Singh appellant and Amar Singh along with Sewak Singh came to the deceased''s house. Angrez Singh was also there. Chanan Singh was at that time aimed with a kassi, the approver, Sewak Singh, with a gandasi, Exhibit P.2, and Amar Singh carried a lantern. Chanan Singh told the deceased that Dhulla Singh had diverted the water to his own lands, although his turn was to start after 10 p.m. The deceased immediately picked up his torch, chaddar and wrist watch and left for the fields along with the three above mentioned persons. He, at that time, was wearing earings, Exhibits P.4 and P.5, and shirt. Exhibit P.6. The deceased, however, did not return home till 11 p.m. Angrez Singh then went to the house of Chanan Singh, but the latter was not found there. Angrez Singh then went to the house of Amar Singh, but he was also absent. Angrez Singh then visited the house of Sewak Singh, but even he was not there. The absence of these three persons from their houses made Angrez Singh feel nervous. He then taking Chanan Singh lambardar with him, went to his fields, where his lands were being irrigated. They came across Dhulla Singh irrigating his own lands because his turn had started. He, on their enquiry, told them that he had not seen Gurdas Singh or any of the other persons mentioned above, although he had reached there at 10 p.m. Angrez Singh and Chanan Singh lambardar then returned to the village and apprised the other villagers that Gurdas Singh was missing, whereupon Rikhi Ram shopkeeper (P.W.6) told him that he had seen the deceased going along with Chanan Singh appellant, Amar Singh and Sewak Singh towards the deceased''s lands and that Sewak Singh had purchased a packet of cigarettes from him at that time. Harnek Singh P.W. also told Angrez Singh and others that he had met the deceased along with the appellant, Sewak Singh approver and Amar Singh going towards the lands. Puran Singh Sarpanch (P.W.7) also informed Angrez Singh and others that he, too, had seen these four persons near the village school. A number of persons of the village again went to the lands in order to find some traces of the deceased or his where about otherwise, but nothing was found. At about dawn Angrez Singh along with Jagir Singh Sarpanch (P.W.13) left for Police Station Moga to lodge the report, nut when they reached near Dunnewala, they came across two constables and Assistant Sub Inspector Pyare Lal. Angrez Singh made his statement. Exhibit P.F., to the Assistant Sub Inspector suspecting the accused of the offence. In this statement he gave the reasons of suspecting them and also the details of what the deceased was wearing and carrying before he left the house. The Assistant Sub Inspector along with Angrez Singh and others immediately reached the village, recorded the statements of Harnek Singh, Rikhi Ram and Puran Singh P.W.s and searched for the culprits. He then went to the spot from where he picked up some hair and some bloodstained earth which were duly taken into possession and sealed into separate parcels. Besides the above, he also saw some foot-marks in a narma field close by, and prepared five moulds of those foot-marks. He then went to the house of Chanan Singh appellant and recovered kassi, Exhibit P.3, which belonged to Angrez Singh and which Chanan Singh had carried the previous everting. This was taken into possession. These recoveries were attested by Puran Singh Sarpanch, Chanan Singh lambardar besides Angrez Singh and Balbir Singh. The police arrested Chanan Singh appellant on the same day. He was at that time wearing a khaki shirt which was bloodstained and one of the sleeves of which was torn. It was taken into possession. Chanan Singh was interrogated by Jatinder Pal, Sub-Inspector, in the presence of Pyare Lal, Assistant Sub-Inspector, and he disclosed that he (Chanan Singh), Sewak Singh and Amar Singh had buried the dead body of Gurdas Singh in the field of Angrez Singh and offered to get the same recovered. The disclosure statement is Exhibit P.L. which is attested by Charan Singh lambardar, Puran Singh Sarpanch and Balbir Singh. The same was thumb-marked by Chanan Singh appellant also. He thereafter led the investigating party to the field in question and dug out the dead body of Gurdas Singh with the help of a kassi in the presence of the above mentioned P.Ws. Some photographs were also taker at that time. The dead body was identified by Angrez Singh and others as that of Gurdas Singh. The dead body was found with only a black kachha on. The body was then sent to the mortuary for autopsy. Chanan Singh was interrogated about the earrings and he disclosed that he had buried one earring close to the chaunka in his house. The disclosure statement is Exhibit P.N. which was attested by Chanan Singh lambardar, Puran Singh Sarpanch and Balbir Singh P.Ws., and was also thumb-marked by Chanan Singh appellant. He then led the investigating party there and produced the earring, Exhibit P.4, which the deceased was wearing before he left his house on the ill-fated evening. The other earring was recovered at the instance of Amar Singh accused seven or eight days later. The clothes, Exhibit P.6 to P.8, and pair of shoes, Exhibit P.9, were also recovered at the instance of Amar Singh who was arrested on the 14th of September 1961. On the 14th of September 1961 Sewak Singh approver was arrested by Assistant Sub-Inspector Pyare Lal who recorded his statement in which he (Sewak Singh) disclosed that he had kept concealed a wrist watch and a gandasi watch he could get recovered. He accordingly led the police to his house and produced the watch. Exhibit P.1, from the poultryden there. He then led the investigating party to the village pond and recovered the gandasi. Exhibit P.2, from there. These articles were duly taken into possession vide memos, Exhibits P.V. and P.X. respectively. The investigating officer also removed the shirt. Exhibit P.10, from his person and made the same into a sealed parcel as it had some washed bloodstains. The investigating officer also took into possession the shirt, P.12, from the person of Amar Singh accused as it bore some washed bloodstains and prepared the recovery memo, Exhibit P.T. These recoveries were witnessed by Puran Singh Sarpanch, Chanan Singh lambardar and Joginder Singh. On the 12th of September 1961 Karnail Singh accused was arrested from his house.

Sewak Singh expressed his desire to become an approver in this case. His statement was, therefore, got recorded on the 28th of September 1931 which runs as under:-

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[After quoting the statement of the approver the judgment went on. Editor]

The appellant, when examined u/s 342, Criminal Procedure Code, denied the prosecution allegations against him. He took the plea of alibi and when questioned if he had anything to say about this case, he replied that he had been improperly harassed. He, however, produced no evidence in defence.

The learned Additional Sessions Judge, after discussing the evidence against Chanan Singh appellant, came to the conclusion-

(1) that Chanan Singh was employed as a siri with Gurdas Singh in September 1961;

(2) that on the 6th of September 1961 it was the water turn for the lands of Gurdas Singh, that Chanan Singh and Gurdas Singh, went to the lands at about 5 or 5.30 p.m., that the turn of water was to last from 6 p.m. to 10 p.m. and that Gurdas Singh returned to his house at about 7 p.m.;

(3) that Chanan Singh went to the house of Gurdas Singh at about 8-30 p.m. and told him that Dhulla Singh had diverted the water to his lands before his turn had started and that Gurdas Singh accompanied Chanan Singh to the lands once again;

(4) that when Chanan Singh and Gurdas Singh and some others were proceeding to the lands at about 8:30 p.m. someone out of them purchased cigarettes from the shop of Rikhi Ram and they were also seen going towards the lands by Rikhi Ram, Harnek Singh and Sarpanch Puran Singh;

(5) that Gurdas Singh was not seen alive thereafter, that a few days before the murder of Gurdas Singh a plan was batched to do away with him at the house of Chanan Singh in the presence of Lal Singh P.W.

(6) that Chanan Singh was arrested on the next day of the murder; that he made the disclosure statement recorded in Exhibit P.L. and that he then produced the dead body of Gurdas Singh from within the fields which were irrigated on the previous evening; and lastly.

(7) that some ill-feelings had been aroused in the heart of Chanan Singh accused against Gurdas Singh on account of the two incidents narrated above.

He, however, disbelieved the other recoveries alleged to have been made at the instance of Amar Singh accused and Chanan Singh appellant.

We have heard the parties counsel in this case at considerable length. We are in complete agreement with the findings of the learned Additional Sessions Judge on all the points except No. 6 namely that the dead body was recovered at the instance of Chanan Singh as alleged for the following reasons: It is in evidence that Angrez Singh, Chanan Singh Lambardar, Puran Singh and a number of other persons in the village went to the fields of the deceased at night, and did not notice any freshly dug ground at that time. It is possible that in the darkness they could not detect it, but after the blood and hair were seen by the Assistant Sub-Inspector, the Assistant Sub-Inspector and others, who accompanied him, would naturally have looked up the place round about very carefully and in all probability found out the place where the dead-body was lying Chanan Singh appellant states that the dead body had been recovered before he was arrested. It is possible, therefore, that the plea taken by the appellant was probably correct. The learned Additional Sessions Judge, while discussing the evidence in this case and disbelieving the recoveries effected at the instance of the accused, has remarked that the investigating officer has been responsible for padding in this case for which he gave valid reasons which need no repetition. If the investigating officer could go to that extent, it was not beyond him then to show that the dead body was recovered at the instance of Chanan Singh after making the disclosure statement. If the recovery of the dead body at the instance of Chanan Singh is held to be doubtful, then the only evidence against him is that he along with others had a motive to kill Gurdas Singh and that on the day of occurrence he, Gurdas Singh deceased, Sewak Singh and Amar Singh were seen going together towards the fields at about 8:30 p.m. by Rikhi Ram, Harnek Singh and Puran Singh Sarpanch, and the next we know is that on the following day Gurdas Singh was found murdered. These P.Ws. namely, Rikhi Ram, Harnek Singh and Puran Singh Sarpanch, are independent persons. Out of them Harnek Singh is said to be distantly related to the deceased, but that remote relationship does not, in any way, undermine his evidence. There is nothing on the record also to show why the statement of the approver in this case should not be held to be reliable. He had no animus against Chanan Singh, and, in fact, against any of the accused. The other accused have been acquitted for lack of corroboration of the approver''s statement and not that any defect was found in Sewak Singh''s deposition. It is also to be kept in mind that the first information report in this case was lodged on the next morning at about 9:40 a.m. in which Angrez Singh has given almost all the details of motive, the clothes and other articles which the deceased was carrying on the ill-fated evening when he left for his fields with Chanan Singh appellant and others and also has mentioned that they were seen together going towards the fields by Rikhi Ram, Harnek Singh and Puran Singh Sarpanch. It is also mentioned that the approver and Chanan Singh purchased a packet of cigarettes from Rikhi Ram Shopkeeper. It is clear, therefore, that all this is not the result of the machinations of Angrez Singh or the other P.Ws. in this case. Taking, therefore, all the material on the record, we are of the view that although it is doubtful that Chanan Singh did dig up the dead body from the fields as alleged by the prosecution, but there is ample evidence in this case to bring home the guilt to Chanan Singh appellant u/s 364, Indian Penal Code, which runs as under:-

whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

As held above, there is ample material on the record to show that Chanan Singh was one of the persons who were responsible for kidnapping or abducting the deceased, so that he may be murdered or may be so disposed of as to be put in danger of being murdered. There is no doubt that Gurdas Singh was found lying murdered on the next day. The conviction of the appellant, therefore, is altered from one u/s 302, Indian Penal Code, to section 364, Indian Penal Code, and he is sentenced to imprisonment for life. He is acquitted of the charge u/s 201, Indian Penal Code. The death sentence is not confirmed. The appeal is accepted to that extent.

Harbans Singh, J.

I agree.