Gurnam Singh vs State of Punjab

S.S. Dewan, J.

Gurnam Singh Appellant was brought to trial before the Court of Sessions Judge, Amritsar, on the charge of murdering his own wife Smt. Viro deceased and having been found guilty thereof, was convicted under Section 302, Indian Penal Code and sentenced to life imprisonment and a fine of Rs. 10,000/ or in default to undergo further rigorous imprisonment for two years. He appeals.

The prosecution case is that Gurnam Singh accused was married to Smt. Viro about 11/2 years prior to the present occurrence. For the first 6/7 months, his relations with his wife remained cordial. Thereafter, he started giving her, beatings, and making demands for money. He got her medically examined, and, the doctor had confirmed that she was barren and on that account, the accused had been giving out threats to kill her. It is alleged that about 4 or 5 months prior to the Present occurrence, the accused turned Smt. Viro out of his house after giving beating to her. The relations of Smt. Viro intervened and the accused was prevailed upon to take Smt. Viro back to his house. Five or six days before this occurrence, Smt. Viro visited her parents house, and complained of illtreatment on the part of the accused. She then did not want to return to the house of the accused as she had the apprehension that the accused, would kill her. The accused then visited the house of his inlaws and took Smt. Viro with him after giving assurance that he would not illtreat her. Chhinda, a relation of Smt. Viro, visited her and she complained to him of illtreatment of the accused, and also told him that her parents be informed that she should be taken back, as the accused would kill her. On the basis of this information, Smt. Viro''s father and other relations visited the house of the accused, where they found Smt. Viro lying dead. On inquiry by the parents of the deceased, the parents of the accused could not furnish any satisfactory explanation. Gurdial Singh father of the deceased having found a ligature mark on the neck of Smt. Viro, contacted the police and made a statement Ex PE, on the basis of which formal FIR Ex. PE/2 was registered at Police Station, Lopoke. Gurbhag Singh, Assistant Sub Inspector PW 11 went to the house of the accused and found the dead body of Smt. Viro lying on a cot in the courtyard. He. held inquest Ex. PC and sent the dead body to the mortuary for autopsy. Sub Inspector Balkar Singh who took over the investigation from Gurbhag Singh, found a rope lying near the dead body. The SubInspector inspected the spot and prepared its visual plan Ex. PE. The accused was searched but he was not traceable. On 2261985, the accused was produced by Comn. Rattan Singh and then he was formally arrested by the said SubInspector. On the same day, the accused was interrogated and he suffered disclosure statement leading to the recovery of pieces of rope Exs. P. I and P. 2 from the specified place of concealment.

Dr. Jaspal Singh PW1 conducted autopsy on the dead body of Smt Viro on 1961985 and found the following :

"Eyes were closed, pupils dilated, conjuctivas were congested, mouth was semiopen, white frothy fluid was seen coming from the left nostril. Rigor mortis was present, Postmortem stainings were present in the lower limbs, face was cyanosed, hands were semiclinched, lips and nails were cyanosed.

There was a ligature mark, 35 cm. XI1/2 cm continuous around the neck, situated in lower part below, the thyroid cartilage. Ligature mark was slightly oblique on right side. The groove of the mark was pale having reddish and eschymosed margins. On dissection I found subcutaneous tissue was eschymosed, underneath superficial muscles were lacerated. Cornea of thyroid & thyroid were fractured. There was extravacation of blood present around the surroundings."

Death was opined to be due to asphyxia, as a result of strangulation. The probable time that elapsed between injury and death was stated to be immediate and between death and postmortem within 48 hours. After necessary investigation, the accused was challaned and committed.

The prosecution examined as many as 12 witnesses in support of its circumstantial evidence. Gurdial Singh PW 2 is the father and Shangara Singh PW 3 is the uncle of Smt. Viro deceased. They have deposed regarding the maltreatment having been meted out to her by the accused. Chhinda Singh PW 8 is the cousin brother of Smt. Viro. He has deposed that when he visited the house of the accused, Smt. Viro complained to him of illtreatment and showed her apprehension that the accused would kill her. Joginder Singh PW 9 deposed about the extrajudicial confession made by the accused before him. Assistant Sub Inspector Gurbhag Singh and Sub Inspector Balkar Singh are the Investigating Officers in the case. When examined under Section 313. Criminal Procedure Code, the accused denied the prosecution allegations, and pleaded false implication in the case. Sukhdev Singh. Rattan Singh, Harjinderpal Singh D.S.P. (Vigilance), Faridkot, Hardial Singh and Jagir Singh were examined by him in defence.

We find no merit at all in the appeal. We are in complete agreement with the findings entered by the learned Sessions Judge, Amritsar, regarding the cause of death of the deceased and the manner in which she was done to death. The case no doubt turns purely on circumstantial evidence. But the circumstances are so telling that the only conclusion reasonably possible is the one arrived at by the trial Court that Smt. Viro deceased did not commit suicide by hanging herself, but was done to death by strangulation. Dr. Jaspal Singh on being examined as a witness categorically stated that there was continuous ligature mark around the neck below the thyroid cartilage which was slightly oblique on the right side. The doctor opined that subcutaneous tissue was eschymosed and there was laceration of the muscles. He also found fracture of the cornea of thyroid and extra vacation of blood around the surroundings. According to the doctor, all these facts support the plea of the prosecution that it was a case of strangulation. Besides these facts, the doctor did not find any stretching and elongation of the neck, no fracture or the dislocation of the cervical vertebrae and no saliva running, out of the mouth. This circumstances also negative the death being caused by hanging assuggested by the defence.

There is also unimpeachable evidence of Gurdial Singh PW 2 and Shangara Singh PW 3 that the appellant had strained relations with his wife Smt. Viro deceased because she did not bear children. Both these witnesses have consistently stated that the deceased had been complaining of the illtreatment at the hands of the appellant and that when she last visited her parents house, she did not want to return to the house of the appellant. However, when the appellant insisted and assured her of good conduct, she accompanied him to his house. It emerges from the record that when Chhinda Singh PW 8, a cousin of the deceased, happened to visit the house of the appellant a day prior to the present occurrence, the deceased complained to him of illtreatment by the appellant. When Chhinda Singh reported the matter to his uncle Gurdial Singh, the latter visited the house of the appellant at village Bhilowal, where they found Smt. Viro lying dead. On this state of evidence, it is reasonable and legitimate to find that the appellant had the impelling motive to commit the crime.

One can now appraise the material extrajudicial confession brought on the record against the appellant in the testimony of Joginder Singh PW 9. It appears quite natural for him to have resorted to the help of Joginder Singh who besides being a collateral of Gurdial Singh PW, was residing in his neighbourhood. After all, he could see the noose tightening around his neck when the matter having been reported to the police at 1.30 P.M. and the investigation already afoot. In this context, his going to Joginder Singh PW 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 any rigorous interrogation or use of third degree methods against him. The version given by Joginder Singh PW regarding the extrajudicial confession made to him in the presence of Surta Singh, appears to be wholly worthy of credence. No animus could even be suggested to Joginder Singh PW The appellant was known to Joginder Singh as he had been visiting him as and when he visited his fatherinlaw Gurdial Singh at village Walipur. There is no reason, therefore, to doubt the forthright testimony of Joginder Singh regarding the confession made to him by the appellant. It has been authoritatively held by their Lordships in Ram Singh v. State of Uttar Pradesh, 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 the prosecution evidence when it stands corroborated by other, circumstances as well.

The strongest corroboration to the extrajudicial confession is provided by Dr. Jaspal Singh who had opined that the death was due to asphyxia caused by strangulation. In the extrajudicial confession the appellant had stated that he had murdered Smt. Viro by strangulating her.

When the aforesaid prosecution evidence is appraised, there remains hardly any doubt that the noose tightens conclusively around the neck of the appellant. The incriminating factors are incapable of explanation of any other hypothesis except that of his guilt. There is hardly any explanation on behalf of the appellant against grave and almost conclusively incriminating evidence except an absolute denial, which appears to be patently false. It must, therefore, be held that the prosecution has been able to bring the charge home against the appellant and his conviction under Section 302, Indian Penal Code and the sentence of life imprisonment and fine thereunder must be upheld.

The appeal is without merit and is hereby dismissed.