Chandan Singh vs State of Rajasthan

By judgment impugned dated 19.12.2008, learned Additional Sessions Judge (Fast Track), Balotara Camp Barmer, recorded conviction and awarded sentence to the accused appellant for the charges relating to the offences punishable under Sections 449, 302 Indian Penal Code and Section 4/25 Indian Arms Act, as under:--

"u/S. 449 IPC - Ten years'' rigorous imprisonment with a fine of Rs. 100/- and in default of payment of fine further to undergo seven days simple imprisonment.

u/S. 302 IPC - Life term imprisonment with a fine of Rs. 500/- and default of payment of fine further to undergo one month''s simple imprisonment.

u/S. 4/25 Arms Act - One year''s simple imprisonment with a fine of Rs. 100/- and in default of payment of fine further to undergo seven days simple imprisonment."

To question correctness of the conviction recorded and sentence awarded this appeal is preferred.

In brief, facts of the case are that on 24.8.2007 at 09:20 AM Shri Kump Singh son of Ran Singh submitted a written report (Ex.P/8) to a police team of Police Station Shiv with assertion that his uncle (Mausa) Shri Amar Singh, resident of village Dangri, came to his house to participate on the occasion of ''Sagai''. In night Kump Singh and Amar Singh both were sleeping outside the room and Smt. Sayar Kanwar (mother of Kump Singh), Shanti (sister of Kump Singh), Durjan Singh and other children were sleeping in the court yard. At about 01:30 AM, Chandan Singh son of Bhanwar Singh, resident of Nagarda armed with an open sword came there and gave a blow from that to Amar Singh, causing his death. Kump Singh hearing screams of Amar Singh awakened and witnessed the entire incident. Smt. Shanti and Sayar Kanwar who were sleeping in court yard too witnessed the incident. Chandan Singh after giving sword blow fled from the spot. Chandan Singh was keeping vengeance with Amar Singh due to some land dispute.

On basis of the information a case for the offences punishable under Sections 449 and 302 Indian Penal Code was registered and the investigating agency after completing the investigation filed a police report before the court of learned Judicial Magistrate First Class, Barmer charging the accused appellant for commission of offences punishable under Sections 449 and 302 Indian Penal Code and also for an offence punishable under Section 4/25 Indian Arms Act. The case being sessions triable was committed to the court of Sessions and the court of Sessions after providing an opportunity of hearing to the accused framed charges for commission of offences punishable under Sections 449 and 302 Indian Penal Code and 4/25 Indian Arms Act. On denial of the same trial commenced as desired.

The investigating agency supported its case with the aid of 23 witnesses out of whom Shri Kump Singh (PW-2), Smt. Shanti Kanwar (PW-5) and Smt. Sayar Kanwar (PW-6) were cited as eye witnesses. Shri Ruparam (PW-22) while getting his testimony was examined narrated details of the steps taken during the course of investigation being the investigating officer. Necessary medical evidence was adduced by Dr. Radheyshyam (PW-21). The prosecution also got several documents exhibited including recovery memos Ex. P/10 and Ex. P/11, arrest memo Ex. P/19, report of Forensic Science Laboratory Ex. P./29 and the postmortem report Ex. P/44. An opportunity was given to the appellant accused to explain adverse and incriminating evidence against him in prosecution evidence. While availing the same he denied all the charges with assertion that Amar Singh was killed by Kump Singh and he was falsely implicated in the case. He also pleaded his innocence. In defence certain documents were exhibited.

Learned trial court after examining the entire evidence available on record held the appellant accused guilty for the charges levelled, accordingly convicted him and awarded sentence.

In appeal, the argument advanced by learned counsel for the appellant is that the trial court failed to appreciate the fact that as per the prosecution story of the incident Shri Kump Singh (PW-2), Smt. Shanti Kanwar (PW-5) and Smt. Sayar Kanwar (PW-6) could have not been in position to witness the incident. It is emphasised that as per prosecution case at the time of incident Shri Kump Singh, Shanti Kanwar and Sayar Kanwar were sleeping, hence no occasion was there for them to witness the incident. It is further submitted that the trial court failed to appreciate defence of the accused appellant that deceased Amar Singh was having illicit relations with mother of Kump Singh and Kump Singh being annoyed with that gave sword blow to Amar Singh resulting into his death.

Per contra, learned Public Prosecutor submits that the argument advanced by learned counsel for the appellant is absolutely ill-founded as no foundation in this regard was laid down before the trial court. It is also stated that the evidence adduced by Shri Kump Singh (PW-2), Smt. Shanti Kanwar (PW-5) and Smt. Sayar Kanwar (PW-6) is true narration of the entire incident and there is no contradiction in their statements, hence no reason exists to disbelieve the eye witnesses.

Heard learned counsel for the appellant and learned Public Prosecutor.

Shri Kump Singh (PW-2) at the first instance while submitting a written report to the investigating agency immediately after the happening, disclosed the fact that Chandan Singh gave a sword blow to Amar Singh and that resulted into his death. While getting testimony examined by trial court Shri Kump Singh (PW-2) in quite unambiguous terms stated that on the fateful night he was sleeping close to Amar Singh and at that time after hearing little noise he awakened and saw Chandan Singh armed with open sword gave a sword blow on the neck of Amar Singh causing his death at the spot.

As per learned counsel for the appellant this witness is telling lie in view of the fact that he awakened only after receiving sword blow by Amar Singh and, therefore, he could have not witnessed the incident.

We do not find any merit in the argument advanced. As per Kump Singh (PW-2) Amar Singh was sleeping near to him and on hearing little noise he awakened and witnessed the entire incident. A person sleeping very close to the place where some strangers enter and try to commit an offence can very well hear little noise and that may be sufficient for his awakening. In the case in hand the definite statement made by Shri Kump Singh (PW-2) which is adequately corroborated by other witnesses cannot be treated as a wrong statement of facts. The statement given by this witness is not only corroborated by other eye witnesses but also by other evidence including recovery of sword at the instance of accused appellant. Suffice to mention that the accused was arrested on 26.8.2007 at 02:45 PM and immediately thereafter he disclosed that he can get the weapon of offence recovered. Acting upon that a blood stained sword was recovered as per document Ex. P/11 at 06:15 PM on 26.8.2007 itself. The recovery was made from the hamlet of accused from a place that would have been in his exclusive knowledge. The attesting witnesses have also supported the recovery. The sword was sent for its serological examination to the Forensic Science Laboratory and as per its report Ex. P/29 the sword was having blood stains of blood group ''A'' matching with the blood group of deceased. The medical evidence available on record also indicates that the injury caused was by a sharp edged weapon of a long size. Beside the sword, as per document Ex. P/10 a blood stained shirt of the accused was also recovered on 26.8.2007. As a matter of fact this was the shirt that was worn by the appellant accused at the time of his arrest. This shirt was also sent for its serological examination to the Forensic Science Laboratory and as per the report Ex. P/29 it was having blood stains of group ''A''. The accused appellant failed to explain as to how blood stains of group ''A'' were available on his shirt and on the sword recovered at his instance.

The other eye witnesses Smt. Shanti Kanwar (PW-5) and Smt. Sayar Kanwar (PW-6) have also supported the prosecution case. As per these witnesses on the fateful night they were sleeping in court yard just at the distance of about 5-6 feet from the place where deceased Amar Singh was sleeping and they on being awakened after hearing some noise saw Chandan Singh with a blood stained sword running from the spot of incidence. The evidence adduced by these witnesses corroborates the evidence adduced by Shri Kump Singh (PW-2) and strengthens the prosecution case.

Looking to the evidence discussed above, we do not find any wrong in arriving at a definite conclusion about involvement of convict prisoner in the crime in question. The defence extended by him about killing of Amar Singh by Kump Singh is absolutely ill-founded as no material in this regard is available on record and even in defence no evidence was adduced to substantiate the same. The argument advanced is also not having the credentials necessary even to cause a minor puncture in the prosecution story to have a reasonable doubt about the case put forward by the prosecution.

Having considered the same, we do not find any just reason to interfere with the findings arrived by the trial court. Accordingly, the conviction recorded and sentence awarded to the accused appellant is affirmed. The appeal is dismissed.