Darshan Lal vs State of Punjab

Pritpal Singh, J.—The Additional Sessions Judge, Patiala, vide judgment dated 26th of May, 1984, convicted Darshan Lal resident of Alwal under section 302, Indian Penal Code, and sentenced him to undergo imprisonment for life and to pay a fine of Rs.200/. Darshan lal filed appeal against this decision.

2.The material facts of the prosecution case are that the appellant Darshan Lal had borrowed some money from the deceased Jang Singh. The latter insisted for its return which made the appellant inimical towards him. On 17th of October, 1983, at about 12 noon an altercation took place between the appellant and the deceased near the house of the appellant. The latter went to his house and brought a Sua with him. The deceased tried to run for his life but the appellant chased him and gave a Sua blow on his back felling him in a vacant site adjoining the street. This occurrence was witnessed by widow of the deceased Mohinder Kaur (PW 2), his brother Labh Singh (PW 10) and one Pritam Singh. In their presence the appellant gave further Sua blows to the deceased on his chest and abdomen while he lay fallen. After causing injuries to the deceased the appellant took to his heels. The deceased succumbed to the injuries at the spot, Mohinder Kaur (PW 2) went to Police Station, Bhadson, and lodged the First information Report (Exhibit PE) at 130 P.M. on the same day which was recorded by A.S.I. Ajit Singh (PW 11). The latter rushed to the place of occurrence and prepared Inquest Report (Exhibit PC). He did not find any blood at the spot. The appellant was arrested by Sub Inspector Surinder Singh (PW 12) on 20th of October, 1983, and was interrogated on 22nd of October, 1983. In pursuance of his disclosure statement (Exhibit PG), Sua Exhibit P1 was recovered vide memo (Exhibit PG/1).

Autopsy on dead body of Jang Singh was performed by Dr. J.P. Singh (PW 1) who found that seminal discharge was present on the tip of the penis. Injuries of the following description were noted on the corpse :

A stab wound oblong 2 cm x 1 cm x 2 cm on the right side of the chest, 7 cm from the midline and 3 cm above the nipple.

A stab wound 1 cm x 1/2 cm X2 cm on the right side of the chest, 7 cm just below and outwards to the right nipple in the anterior axilla line.

A stab wound 1/2 cm X 1/2 cm rounded, 1 cm in depth in the right side of the chest in the mid axillary line, 14 cm below the pit of the right axilla, 4 cm outwards and downward from injury No. 2.

A stab wound 1.5. cm x 1.5. cm X 1 cm oblong 8.5. cm in depth on the left side of the chest, 3 cm to the left of the midline at the level of xiphisterum.

A stab wound 1.5. cm x 1.5 cm on the left side of the chest 7 cm to the left of the midline, 3 cm above and outwards to the injury No. 4 about 10.5 cm in depth.

A stab wound 1.5. cm x 1 cm x 7.5. cm on the chest, 14 cm away from the mid serum in the anterior axillary line, 17 cm from the axilla.

An abrasion irregular 1 cm X 1 cm on the left side of the chest 4 cm above the left nipple in the midclavicle line. The injury was reddish in colour.

A stab wound 1 cm X 1 cm rounded 8 cm to the left side of anterior abdominal wall 5 cm to the left of the midline at the level of umbilicus.

A stab wound 1 cm X 1 cm rounded 2.5 cm to the right side of the anterior abdominal wall 12 cm to the right of the midline 4.5. cm below right coastal cartilage.

A stab wound 1 cm X 1 cm X 7.5. cm to the right of midline on the back 6.5. cm from the midline at the level of superior iliac supine.

A contusion irregular 2.5. cm X 1 cm on the forehead in the midline 7 cm above the bridge of the nose. It was reddish in colour.

A contusion 1 cm X 1 cm on the bridge of the nose in the midline. It was reddish in colour.

The doctor opined that these multiple injuries were sufficient to cause death in the ordinary course of nature. Samples of blood, pieces of brain, liver, spleen, kidney, stomach and intestines were sent to the Chemical Examiner who vide his report (Exhibit PM) reported that alcohol and organophosphorus compound were found in these samples.

The appellant when examined under section 313, Code of Criminal Procedure, denied complicity in the crime and stated as follows :

"I am innocent. The deceased owed some debt to my brother Behari Lal and I used to ask Jang Singh to return that loan and for that he felt annoyed against me. In the early hours of the morning, on that day, Jang Singh while drunk committed illicit intercourse with some woman in the village and he had been killed by those persons and his dead body was thrown in the courtyard in the house of Bimla. I have been named as the accused in this case on account of suspicion."

In support of the defence version the appellant examined his brother Behari Lal (DW 1).

The trial Court on appraisal of evidence placed reliance on the prosecution ocular testimony and in pursuance thereof convicted and sentenced the appellant.

A careful scrutiny of the evidence has revealed number of factors which indicate that the prosecution case is not free from doubt. Both the eyewitnesses examined by the prosecution, namely, Mohinder Kaur (PW 2) and Labh Singh (PW 10) are not only closely related to the deceased but are chance witnesses. The place of occurrence is nowhere near their houses. According to Mohinder Kaur (PW 2), she happened to appear on the scene of crime when she was going to the shop of one Amar Nath to make purchases. Similarly Labh Singh (PW 10) came there by chance along with Pritam Singh whom the prosecution has not cared to examine. Clearly, therefore, it is a case in which independent corroboration was available to the testimony of the witnesses related to the deceased but it was withheld for no sound reason. It may be highlight that, as stated by Mohinder Kaur (PW 2), numerous persons gathered at the spot in the wake of the occurrence. However, not even one of them had been produced by the prosecution to prove that Mohinder Kaur (PW 2) and Labh Singh (PW 10) were present there.

The aforesaid report of the Chemical Examiner (Exhibit PM) shows that the deceased had taken alcohol and organophosphorus compound was found in his brain, liver, spleen, kidney, stomach and intestines, Dr. J.P. Singh (PW 1) stated that the alcohol contents found in the blood of the deceased suggested that the latter was heavily drunk. The presence of organophosphorus compound; which is a poison, indicated that someone had administered poison to the deceased in alcohol. We are prepared to believe that in that condition the deceased behaved in the manner as alleged by the prosecution. The case of the prosecution is that the deceased was having an altercation with the appellant over the loan which he had advanced to him and that he was chased by the appellant for some distance before Sua blows were given to him. It is highly improbable that the deceased would have been able to act in this manner while he was heavily drunk and there was poison in his system.

It can also not be lost sight of that the Investigating Officer did not find any blood at the place where the occurrence is said to have taken place. The deceased had suffered as many as twelve injuries on his person and it is opined by Dr. J.P. Singh (PW 1) that lot of blood must have flown from the injuries. Mr. H.S. Bedi, Deputy Advocate General, Pb, appearing for the prosecution, was unable to explain this phenomenon of absence of blood at the place of occurrence. This fact is, however, in consonance with the version. It is suggested by the appellant in his statement that the deceased had committed illicit intercourse with a woman in the village and having been caught red handed was killed by her relations and his dead body was subsequently thrown in the open courtyard adjoining the street. It may also be remembered that Dr. J.P. Singh (PW 1) stated that at the time of autopsy he had found seminal discharge on the tip of the penis of the deceased. These circumstances probablise the defence version and in any case they militate against the prosecution story.

For the reasons discussed above, it is not possible to place implicit reliance on the oscular testimony of Mohinder Kaur (PW 2) and Labh Singh (PW 10) and consequently the conviction of the appellant cannot be upheld. Hence, this appeal is allowed, the conviction and sentence of the appellant are set aside and he is hereby acquitted of the charge. Fine if deposited by him be refunded.

Appeal allowd.