Chanderpal vs State of Punjab

S.S. Dewan, J.

The extreme penalty of the law and a fine of Rs. 1000/ has been levied against Chanderpal for the murder of Pammi and rigorous imprisonment for 10 years and a fine of Rs. 1000/ under Section 376, Indian Penal Code, for committing rape upon her. The convict appeals and the matter is otherwise before us for confirmation of the death sentence.

The prosecution case herein has no eyewitness of the alleged occurrence and rests entirely on gravely incriminating circumstances evidence. It emerges there from that Kalicharan, PW, who is the father of Pammi (deceased) and Chanderpal accused were colleagues and they had been posted as NonCombatant (Enrollment) at the Air Force Station, Bhisiana. The quarter of the accused was just opposite the quarter of Kalicharan, PW, and the same were situated in the area of the said Air Force Station. On 5.12.1981, there was a birthday party of son of Rajinder Singh at the latter''s house. Besides the accused and Kalicharan, who was accompanied by his family members, including Pammi (deceased) some other members of the locality attended that party. At about 9.30 p.m. when the party was finished Kalicharan looked for his daughter Pammi, but she was not available. He thought that she might have left for her house. Chandrawati, wife of Kalicharan told him that at about 8.30 p.m., she saw Pammi in the lap of the accused When Kalicharan alongwith Jagmer Singh, PW, set out in search of Pammi, they found the accused coming from the side of jungle. Kalicharan enquired from him about his daughter but he expressed his ignorance. Kalicharan alongwith some other persons then went ahead for the search of his daughter and they found her lying in an unconscious condition near a kikker three and was profusely bleeding from her private part. She was immediately removed to the Medical Inspection Room of the Air Force Station where Dr. R.K. Bhattacharjee declared her dead due to rape. Dr. Bhattacharjee then informed Flt. G.S.R. Sharma at about 11 p.m. about this incident and the latter reached the Medical Inspection Room at about 11.30 p.m. At about 12.30 a.m. when Flt. G.S.R. Sharma came out of the Medical Inspection Room, the accused met him and confessed before him that he had committed a mistake by having raped Pammi in the jungle and as a result of which she died. Thereafter, Mr. Sharma went inside the room to inform the Air Base authorities about this incident and when he came out, the accused was missing. Kalicharan alongwith Teja Singh Swatantar and two other persons went to the Police Station Nehianwala where he made a statement, exhibit P.H., and that formed the basis of the first information report, registered at 4.00 a.m. on 6.12.1981. SubInspector Gian Singh held inquest, Exhibit P.J. and sent the dead body of Mst. Pammi to the mortuary for autopsy. Thereafter he went to the place of occurrence and prepared its visual plan, Exhibit P.N. On the same day at about 5.00 p.m., the accused again confessed his guilt before Sunder Rajan Corporal, posted at the gate of the Air Port of Bhisiana and the latter then produced him before SubInspector Gian Singh, who formally arrested him. The accused was bearing bloodstained pants, Exhibit P7, and it was taken into possession vide memo Exhibit P.K. The SubInspector got the accused medically examined from Dr. Subhash Chander Sethi, Medical Officer, Primary Health Centre, Goniana. He examined him at 6.30 p.m. and found him fit to perform sexual intercourse and noted the following injury on his person :

A reddish abrasion 1/2 cm x 1/4 cm was present near the frenum of the prepuce.

Dr. Subhash Chander Singla, PW 2, Medical Officer Civil Hospital, Bhatinda, conducted autopsy on the deadbody of Pammi, aged 5/6 years on 6.12.1981 at 3 p.m. and found the following injuries :

Reddish coloured abrasion having teeth mark in the form of circle 1.25" in diameter was present on the right cheek.

1" circular abrasion having teeth marks on the neck, on the right side at the angle of the mandible.

Lacerated wound 2" x 2" involving the lower 1/3 of labia minora and perineum upto anus, muscles deep. Bleeding was present. Hymen was ruptured. Labia minora and posterior fregette were ruptured. Death was opined to be due to suffocation and shock which were sufficient to cause death in the ordinary course of nature. The probable time that elapsed between injuries and death was stated to be almost immediate and between injuries and death was stated to be almost immediate and between death and postmortem within 24 hours. After necessary investigation, the accused as challaned and committed.

The prosecution examined as may as 16 witnesses to establish its case of circumstantial evidence. PW 9 Kalicharan, the father of the deceased, deposed regarding fact of his daughter being missing as also of the suspicious conduct of the accused when he returned from the side of jungle. PW 10 Jagmer Singh deposed regarding the search of Pammi. PW 11 Chandrawati, mother of the deceased, deposed regarding the fact of her having seen Pammi, in the lap of the accused at about 8.30 p.m., on the fateful day. PW 12 Flt. Lt. G.S.R. Sharma, is a witness regarding the extrajudicial confession made by the accused to him. PW 13 Sunder Rajan, Corporal deposed regarding extrajudicial confession made by the accused to him. He is also a witness to the recovery of bloodstained pants, Exhibit P7, from the persons of the appellant. PW 16 SubInspector Gian Singh is the main Investigating Officer in this case.

In his statement under Section 313 of the Code of Criminal Procedure, the accused denied the prosecution allegations and pleaded false complicity in the case due to enmity with. Flt. Lt. G.S.R. Sharma, but led no evidence in defence.

There is unimpeachable evidence on the record that the appellant, Kalicharan and Jagmer Singh. PWs, alongwith the birthday party of the son of Rajinder Singh at the latter''s house where drinks were served to the male members under a shamiana and tea was served to the ladies on the first floor of his house. There is then the evidence of Chandrawati, PW 11, wife of Kalicharan on the point of having last seen Pammi in the lap of Chanderpal accused at about 8.30 p.m., shortly whereafter the murder took place. She has deposed to the fact that when at about 9.15 p.m., the party ended, she enquired from her husband about Pammi but she was not available and then she immediately told him that she had seen Pammi in the lap of Chanderpal accused at about 8.30 p.m. There is not the least suggestion of any animus or motive as to why this entirely natural and uninterested witness should depose against the appellant. The evidence of Smt. Chanderawati thus leaves no manner of doubt that the appellant was last seen together with the deceased on the fateful night.

The suspicious and the unnatural conduct of the appellant is then a matter which deserves highlighting. It is almost the admitted position that when Kalicharan and Jagmer Singh, PW, were searching for Pammi, they saw the appellant coming from the side of jungle. On being questioned by Kalicharan, he gave false version regarding the whereabouts of the deceased. He replied that she may be somewhere near the tent. It is in the evidence of these witnesses that when they went to a distance of about 60/70 karams from the house of Rajinder Singh, they found Pammi lying unconscious near the bushes and was profusely bleeding from her private part. She was immediately removed to the Medical Inspection Room of the Air Force Station where Dr. Bhattacharjee examined her and declared her dead. This unnatural and deliberately false conduct is, therefore, another link in the chain of the prosecution evidence against the appellant.

One can now appraise the material extrajudicial confession brought on the record erson against the appellant in the testimony of PW 12 Ft. Lt. G.S. Ram Chander Sharma. Flt. Lt. Sharma was posted as Security Officeer at the Air Force Station, Bhisiana, and the appellant was working there as N.C.E. It appears quite natural for the appellant to have resorted to the help of Ft. Lt. Sharma being a Security Officer. After all, the appellant could see the noose tightening around his neck when Kalicharan had left for the police station to lodge the report. In this context, his going to Ft. Lt. Sharma and confessing about the crime appears to be wholly natural. It has to be borne in mind that apart from other things, the motive of the appellant was to avoid rigorous interrogation or use of third degree methods against him and Flt.Lt. Sharma had some report with the police authorities being a Security Officer of the Air. His version regarding the extrajudicial confession made to him appears to be wholly worthy of acceptance. No animus could even be suggested to this witness. There is no reason, therefore, to doubt the forthright testimony of Flt. Lt. Sharma regarding the confession made to him by the appellant. It has been authoritatively held by their Lordships of the Supreme Court in Ram Singh v. State of U.P., AIR 1967 SC 152 that an extrajudicial confession to a person who has no reason to state falsely, is a very strong link in the chain of prosecution evidence when it stands corroborated by other circumstances as well. Similar view was taken in Maghar Singh v. The State of Punjab, AIR 1975 SC 1320.

The strongest corroboration to the extrajudicial confession is provided by what followed immediately thereafter. There is credible and acceptable testimony of PW 13 Sunder Rajan Corporal posted at the Air Port, Bhisiana, regarding the extrajudicial confession made before him by the appellant and also regarding the recovery of bloodstained pants, Exhibit P7, from his person. He has deposed that the appellant came to him at about 5.15 p.m. on 6.12.1981 and confessed before him that on the previous night he committed rape on Pammi, daughter of Kalicharan, which resulted in her death. Sunder Rajan produced the appellant before the Investigating Officer. No animus whatsoever was even remotely suggested against this witness. He is equally an independent witness. Recovery of bloodstained pants, Exh. P7, from the person of the appellant is a gravely incriminating circumstance against the appellant for which thee is not the least explanation given on his behalf apart from a false denial in toto.

Reference must inevitably be made to the medical evidence in the case which is equally corroborative of the prosecution version. Dr. Subhash Chander Singla, PW 2, who conducted autopsy on the dead body of Pammi, opined that death was due to suffocation and shock and the same were sufficient to cause death in the ordinary course of nature and that death took place within 24 hours. The period of time is consistent with the murder having taken place on the night of 5.12.1981 at about 9 p.m. The medical witness also found reddish coloured abrasion having teeth mark in the form of circle present on the right cheek of the deceased. Bleeding was present. Hymen was ruptured. Labia minora and posterior fregette were ruptured. In the extrajudicial confession, the appellant had stated that he had committed rape on Pammi and due to that act she had died.

Dr. Subhash Chander Sethi examined the appellant and found a reddish abrasion 1/2 cm x 1/2 cm present near the frenum of the prepuce for which there is not the least explanation given on his behalf as to how he sustained such an injury. There seems no doubt that rape had been committed by the appellant on the deceased just before her death.

A significant feature of this case is that the appellant Chanderpal has chosen to deny in toto all the prosecution allegations against him without offering the least explanation therefor. Now the evidence against this appellant consists of some of his colleagues and one is at a loss to understand as to why they would wish to implicate their own colleague for the murder. It has to be borne in mind that in case of circumstantial evidence where the links in the chain of prosecution case are complete, a totally false denial or explanation is itself an incriminating factor against the accused.

Considering all the abovesaid factors, it is patent that the inculpating factors in the present case, when viewed together, are incompatible with the innocence of the accused and are incapable of explanation upon any other reasonable hypothesis except that of his guilt. The charge of murder Section 302, Indian Penal Code, as also that under Section 376, Indian Penal Code, have thus been established beyond reasonable doubt against the appellant.

The only question that survives for consideration is as to whether the sentence of death passed on Chanderpal is called for in the circumstances of the case or not. In the opinion of Dr. Subhash Chander Singla death was due to suffocation and shock, as a result of rape committed on the deceased, which was sufficient to cause death in the ordinary course of nature. What it would appear clear, must have been the case was that when Pammi was sitting in the lap of the appellant the latter under the influence of liquor got passionate and to gratify his sexual desire, took her aside and committed rape upon her which resulted in her death. Under these circumstances, it cannot be said that murder had been committed by the appellant after previous planning and, therefore, while upholding the conviction of the appellant under Section 302 Indian Penal Code, we commute his sentence of death of that to imprisonment for life.

In the result the appeal of Chanderpal is dismissed except with the modification in the sentence awarded under Section 302, Indian Penal Code, as indicated above. The conviction and sentence awarded to him under Section 376, Indian Penal Code, shall, however remain. Both the substantive sentences awarded to the appellant shall run concurrently. The fine, if realized, whole of it shall paid to Kalicharan, PW as compensation. Murder Reference No. 4 of 1983 ipso facto fails and is dismissed.

S.S. Sandhawalia C.J. I agree.