Pasho Bai vs State of Punjab

V.K. Bali, J.—Is the chain of circumstances complete enough to lead to one and the only one hypothesis that the appellants are guilty of the crime for which they were charged, is a question that has been posed by them in these two separate appeals, one filed by Pasho Bai (Crl. Appeal No. 478-DB of 1994) and the other by Jagir Singh and Mohinder Singh (Cri Appeal No. 184-DB of 1995). Both the appeals arise from the order passed by the learned Sessions Judge, Ferozepur, dated October 21,1994 convicting and sentencing the appellants herein. Whereas, Pasho Bai and Mohinder Singh appellants have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/- each or in default of payment of fine to further undergo RI for six months each, u/s 302 read with Section 34 of the IPC, Jagir Singh appellant has been sentenced to undergo imprisonment for life and to pay a fine of Rupees 500/-, or in default thereof, to further undergo RI for six months, u/s 302, IPC. All the appellants were also sentenced to undergo RI for a period of five years and pay a fine of Rs. 100/- each, or in default of payment of fine, to further undergo R.I. for one month each, u/s 201 read with Section 34, IPC. All the substantive sentences were, however, ordered to run concurrently.

Interestingly, the occurrence leading to death of Resham Singh was reported by none other than Pasho Bai appellant herein. In her statement made before ASI Anoop Singh, who could not be examined as he had died, she stated on November 22, 1992 at 2-40 a.m. that she was resident of village Chhoriwala Chisti and about five years ago, she was married to Resham Singh son of Bagga Singh. Her daughter was about two years old. About 20-22 days ago, she, her husband Resham Singh, brother of her father-in-law Makhan Singh with his family, her Jathani (wife of elder brother of her husband) Rani widow of Fauja Singh and other persons of the village had gone to village Ramkot for picking the cotton. They were picking the cotton of Sohan Ghumar Bagri and were residing at the Dhani (house built in the field) of aforesaid Sohan. At about 8-30 p.m., she along with her husband Resham Singh, after purchasing wheat flour from village Ramkot on cycle, was going on foot towards the Dhani of Sohan. When they went 15-20 killas away from the village, then four persons met them while coming from the opposite direction, who had wrapped blankets around them. They were wearing shirts and trousers of earthen colour and were aged about 20 to 25 years and appeared to be quite young persons. She further stated that she could identify them if they are brought before her. They asked them to stop. Her husband was having a torch in his hand. He flashed the torch and asked as to who they were. When hardly he had uttered those words, two persons, out of them, caught hold of her and dragged her towards the cotton field. Her husband stepped forward to rescue her after throwing the cycle but the remaining two persons caught hold of him. While raising hue and cry, she tried to rescue herself whereas her husband was also trying to get himself freed from those two persons with a view to come towards her. Then those two persons, who had caught hold of her, set her free and rushed towards her husband. She further stated that within her sight, they lifted her husband and took him in the cotton field. She after being rescued, reached the Dhani of Sohan under the cover of darkness and narrated the whole incident to Jagir Singh son of Lachhman Singh who had also come along with them for picking the cotton. She and Jagir Singh reached village, Ramkot for giving information to Sohan about the incident but none woke up despite their knocking at the door repeatedly. They then informed Kapur Singh Jat about the occurrence, who advised them to lodge the report at the police post Bodhiwala. They kept on searching Resham Singh in the surrounding cotton crop fields but they could not trace him and those four persons. She also stated that she had suspicion that those four persons had taken her husband Resham Singh some where with an intention to kill him. She along with Jagir Singh came to the police post and lodged the report.

The record reveals that whereas the occurrence leading to death of Resham Singh took place on November 21, 1992 at 8-30 p.m. Pasho Bai reported the matter at, 2-40 a.m. on November 22,1992, on the basis of which formal FIR, Ex. PJ came into being at 3-50 a.m. Police Station Bodhiwala where Pasho Bai got her statement recorded, is stated to be 24 Kms. from the place of occurrence. The special report with regard to incident reached the concerned Magistrate at Ferozepur on November 22,1992 at 3 p.m.

The prosecution endeavoured to bring home the offence against the appellants herein by examining Dr. Prithvi Raj as PW1 who stated that on November 23,1992 at 4-30 p.m. he conducted post-mortem on the dead body of Resham Singh and found following injuries: -

Legature mark: there was a well defined reddish coloured legature mark 1.5 o 2.5 cm in breadth present horizontally and completely encircling the neck situated below the thyrod cartilate of the neck. On dissection the underlying tissues were found congested. Neck vessels and mussles were lacerated and echymosed. On opening the trachea, it was found congested and mud was present in traches.

Abrasion 2 x1 cm. on right side of neck below the angle of mandible.

An abrasion 2.5 x 0.5 cm. on front of right side of neck below the legature mark.

Abrasion 1.5 x 1 cm. on left side of front of neck above the legature mark.

The doctor opined that the cause of death was asphyxia due to strangulation as a result of injury No. 1 which was sufficient to cause death in ordinary course of nature. The time that elapsed between injuries and death was instantaneous and between death and post mortem 36 to 48 hours.

Inder Pal Patwari, who was examined as PW 2, only stated that he had prepared scaled site plan, Ex. PD after visiting the spot on the pointing out of Jagga Singh, Member Panchayat. PW 3 Makhan Singh stated that Resham Singh deceased was his nephew. About 20-25 days prior to the occurrence, he, his wife Kartaro, Resham Singh and his wife Pasho Bai and some other persons of their village had come to village Ramkot for picking cotton. They used to pick up the cotton of Sohan Bagri and were also staying at his Dhani situated in the fields. About 1 1/2 years back he came to know that Pasho Bai and her husband Resham Singh had gone to village Ramkot to bring wheat flour and on their journey, Resham Singh was said to have been kidnapped by certain persons with intent to murder him. At that time, Resham Singh deceased was having one wrist watch, identity card, and cash of Rs. 500/- with him. He was bringing wheat flour on a cycle. He further stated that Jagir Singh was having illicit relations with Pasho Bai for the last 2-3 years, before the occurrence. He as also his father and some other persons had asked her to desist from this act. Mohinder Singh appellant was friend of Jagir Singh and they used to live together. Pasho Bai was not seen in the Dhani after the night of occurrence and he suspected that all the three appellants had murdered Resham Singh. In his cross-examination he stated that Jagir Singh and, Mohinder Singh were arrested on the same day and again said that they were arrested 2-3 days after and yet again said on the same night when the occurrence took place. Jagga Singh, who was examined as PW 4, stated that he was Member Panchayat and had joined the investigation with ASI Anoop Singh and accompanied him to the place of occurrence situated in the fields in the area of village Ram Kot. In his presence, ASI Anoop Singh lifted one pair of chappals from the place of occurrence and took the same into possession vide memo Ex. PE. The ASI also took into possession one old cycle and one gunny bag containing wheat flour vide memos Ex. PF and PG. All the memos were attested by him. On the next day, ASI arrested Jagir Singh in his presence and interrogated him. Jagir Singh made a disclosure statement that he along with Mohinder Singh, appellant herein, had kept burried the dead body of Resham Singh deceased in the cotton crop field in the area of village Ram Kot which fact was known to him and Mohinder Singh only and offered to get the same recovered. Thereafter, Jagir Singh led the police party through a cotton crop field in the area of village Ram Kot and after digging the earth, got recovered the dead body of Resham Singh which was identified by him. It was taken into possession vide memo Ex. PH/1 which was attested by him. In his cross-examination, he stated that Resham Singh was not related to him and that the police came to the village and he learnt from them about the incident. He had not seen Mohinder Singh on that day in police custody. He further stated that police had met him on the phirni by chance. He further stated that dead body was recovered at 10.30 a.m. on the day the police came in the village after the murder. Baljit Singh, Head Constable, who was examined as PW 5, stated that on November 22,1992 he was posted in Police Post, Bodhiwala. ASI Anup Singh was Incharge of the police post and on that day at about 2 a.m. Pasho Bai appellant came to the police post and made statement, Ex. PJ before the ASI Anup Singh. After giving some more details of the matter, he further stated that Anup Singh ASI inspected the place of occurrence in his presence and that of Jagga Singh. He lifted one pair of chappals from the spot and took into possession. The ASI also lifted one old cycle from the place of occurrence which was also taken into possession. One gunny bag containing about 20 kgs. of wheat flour was also lying near the cycle and taken into possession vide memo Ex. PG. He also stated that on November 23, 1992 in his presence and that of Jagga Singh, ASI Anup Singh arrested Jagir Singh from his house in village Churiwala Chisti. The appellant Jagir Singh was interrogated after his arrest by the ASI in his presence. Jagir Singh made a disclosure statement that he along with Mohinder Singh son of Bakhtawar Singh had kept burned the dead body of Resham Singh in the cotton field in the area of village Ram Kot which fact was known to him and Mohinder Singh only and offered to get the same recovered. Thereafter, Jagir Singh appellant led the police party to a cotton crop field in the area of village Ram Kot and after digging out of the earth, got recovered the dead body of Resham Singh which was taken into possession by ASI Anoop Singh vide memo Ex. PH/1. In his cross-examination he stated that ASI came at the spot at 8 a.m. and that Jagir Singh was not present with the police party. He further stated that he could not admit or deny if the statement of Makhan Singh was recorded at 8 a.m. or 8 p.m. PW 6 Pritam Singh, Sarpanch of the village, only deposed about the issuance of identity card to Resham Singh which he identified in the Court. Constable Baljit Singh, who appeared as PW 7, stated that in the month of November, 1992 he was posted as Incharge Police Post Link Khera under Police Station GRP, Bhatinda. He was incharge of the police post and nine Home Guard Volunteers were working under him in that police post. Mohinder Singh appellant had also been working under him in that police post. He used to maintain attendance register of the Punjab Home Guard Volunteers regularly. After the close of the month he used to send the extract from the attendance register through police station GRP Bhatinda for onward transmission to Punjab Home Guard Authorities for drawing the salary of PHG Volunteers on its basis. Mohinder Singh appellant remained present on duty in police post up to November 18,1992. He was on rest for November 19 and 20, 1992 and he was absent from duty on November 21, 1992. He, however, attended the office on November 22,1992 and told him that he had committed a murder in village Ram Kot and that he was going to surrender before the police. In his cross-examination he stated that he had not brought the attendance register. He admitted that he had changed alphabetic ''P'' to ''A'' on November 21,1992. H. C. Ashwani Kumar was examined as PW 8, who stated that on December 14, 1992 he was posted in police station Khuian Sarwar. Mohinder Singh appellant was in police custody since December 12, 1992 and ASI Narinder Pal Singh interrogated him in his presence and that of Makhan Singh, Ex. Sarpanch of village Churiwala Chisti. The appellant Mohinder Singh made a disclosure statement that he had kept burried one identify card and wrist watch belonging to Resham Singh under the reeds of Sarkandas near the tubewell diggi behind canal colony in the area of village Ram Kot after wrapping them in a glazed paper and that he had kept one Kahi concealed in the cotton crop field which fact was known to him alone and offered to get the same recovered. Thereafter, Mohinder Singh appellant led the police party to the aforesaid places and got recovered identity card, Ex. PQ, wrist watch, Ex. P-4 and Kahi, Ex. P-5 which were taken into possession vide memo Ex. PR/1. In his cross-examination he stated that he was not present in the police station on December 12, 1992 but he was present in the police station on December 13, 1992. Makhan Singh Sarpanch was present at that time and that his village was 50 Kms. away from the police station. He visited the police station for some work. The place of recovery was about 20 Kms. away from the police station. None from the village near the place of recovery was joined. PW 9 Dula Singh stated that he was Member Panchayat. After about 18-20 days of murder of Resham Singh, Mohinder Singh appellant came to him and told that he had illicit relations with Rano and co-accused Jagir Singh had illicit relations with Pasho Bai. When Resham Singh husband of Pasho Bai, came to know of the illicit relations, both of them made a plan to murder him (Resham Singh). Mohinder Singh further told him that on November 19,1992 he along with Jagir Singh went to village Ram Kot and met Pasho Bai and Rano. Mohinder Singh further told him that he and Jagir Singh met Pasho Bai on the bank of a watercourse and conspired that Pasho Bai should bring her husband on some pretext on November 21, 1992 and that he and Jagir Singh would wait for them. Pasho Bai agreed to that. Mohinder Singh further told him that on November 21, 1992 at about 8 p.m. he along with Jagir Singh reached on a Kacha Path in the area of village Ram Kot, which was the agreed meeting place and after some time Pasho Bai and her husband Resham Singh came there from the side of Ram Kot along with a cycle, on which wheat flour was being carried. Mohinder Singh further told him that Pasho Bai and Resham Singh came near them and Jagir Singh appellant put a piece of cloth around the neck of Resham Singh whereas he (Mohinder Singh) caught hold of Resham Singh from his arms and that both of them dragged Resham Singh to the nearby cotton field. Mohinder Singh also told him that in the cotton crop field he and Jagir Singh pressed the neck of Resham Singh with a piece of cloth whereas Pasho Bai put earth in his mouth, as a result of which Resham Singh died. Mohinder Singh further told him that he and Jagir Singh had kept burried the dead body of Resham Singh in the cotton crop field. On the next day, he produced Mohinder Singh appellant before ASI Anoop Singh on December 12, 1992, who arrested him and recorded his statement. In his cross-examination, he stated that house of Resham Singh deceased was opposite to the house of Jagir Singh in the same street. PW 10 Balbir Singh Sarpanch of village Danewala stated that on December 13, 1992 Pasho Bai told him that 4-5 years ago she was married to Toriwala Chisti and had a daughter from that marriage. They had come to village Ramkot for picking cotton and that Mohinder Singh had illicit relations with the wife of elder brother of her husband and she also developed illicit relations with Jagir Singh. She further stated that Mohinder Singh and Jagir Singh were friends inter se and that on November 21,1992 they came to see her and enquired from her about her programme. She further told that she along with her husband would go to village Ram Kot to bring wheat flour and when she along with her husband was returning to the Dhani of Sohan Bagri after bringing flour from village Ramkot on cycle, Pala Nai met them on the way. When they had gone 4-5 killas ahead, Mohinder Singh and Jagir Singh appellants met her and Jagir Singh told Resham Singh to stop the cycle and listen to them. Resham Singh stopped the cycle and went near Jagir Singh and Mohinder Singh, who took him on one side and Jagir Singh put cloth in the mouth of Resham Singh. She further told him that Jagir Singh and Mohinder Singh dragged Resham Singh from his arms to a distance of 2-3 killas where Resham Singh was thrown on the ground. Thereafter, Resham Singh was strangulated. She was asked to put earth in the mouth of Resham Singh which she did. In his cross-examination, this witness stated that Pasho Bai was not known to him earlier and that father of Pasho Bai had met him for the first time on that day along with Pasho Bai. Pasho Bai only told the names and parentage of Jagir Singh and Mohinder Singh and their residence was not told to him nor he enquired from her about the same. Pasho Bai told him that she had put earth in the mouth of Resham Singh under threats given to her by Mohinder Singh and Jagir Singh. He did not contradict the suggestion that village of parents of Pasho Bai fall in Police Station Sadar Jallalabad. Inspecting Harbans Lai and ASI Narinder Pal Singh, who were examined as PWs 11 and 12 respectively, deposed with regard to various steps taken by them in conducting the investigation.

When examined u/s 313, Cr. P. C, all the appellants while denying incriminating material put to them, further stated that they had been falsely implicated in this case and that they were innocent.

We have heard Mr. P. S. Brar, learned counsel for the appellants (in Crl. Appeal No. 184-DB of 1995) and Mr. K. L. Dhawan, counsel for the appellant Pasho Bai, (in Crl. Appeal No. 478-DB of 1994) as also Mr. Navdeep Singh, Assistant AG, Punjab, and with their assistance, gone through the records of the case. We are, however, of the opinion that chain of circumstances in this case is not complete so as to lead to the only one hypothesis, i.e., that the appellants are guilty of the crime for which they were charged. It may be recalled that there is absolutely no direct evidence with regard to Pasho Bai having illicit relations with her co-accused Jagir Singh. This part of the story has primarily been introduced through extra judicial confession, said to have been suffered by Mohinder Singh and Pasho Bai. Mohinder Singh is said to have confessed before Dula Singh, Member Panchayat PW 9 that he had illicit relations with Ramo and co-accused Jagir Singh had illicit relations with Pasho Bai and that the husband of Pasho Bai had come to know about her illicit relations. Pasho Bai is stated to have confessed before Balbir Singh, Sarpanch of village Danewala that Mohinder Singh had illicit relations with the wife of elder brother of her husband and she had developed illicit relations with Jagir Singh. We will deal with the persons before whom these two appellants are stated to have confessed their guilt as also illicit relations between Mohinder Singh and wife of elder brother of husband of Pasho Bai and appellants Jagir Singh and Pasho Bai later. At the very out set, it appears to us to be improbable that the ladies, in the present case Pasho Bai, would, confess with regard to her illicit relations with her co-accused Jagir Singh. It is not at all normal for a woman to confess that she had been leading an immoral life, even though, in a given case, it is possible to confess the crime far more in dimensions like murder. The prosecution, as referred to above, was unable to collect any direct evidence with regard to illicit relations of Pasho Bai and Jagir Singh and Mohinder Singh and wife of elder brother of Pasho De vi'' s husband. The evidence was either completely missing or the same was only hearsay. Motive of the crime, as has been introduced by the prosecution, is nothing but illicit relations between Pasho Bai and Jagir Singh which fact had come to surface as husband of Pasho Bai had come to know about the same. In our view, the prosecution has certainly introduced in the so called confession of the appellants, the story of illicit relations with a view to prop up its case. As mentioned above, it is not normal for the ladies to admit that they were living an immoral life. The confession is normally made to a person with whom the maker thereof have some confidence and also hope that he would (sic). The moment Pasho Bai was to admit her illicit relations with her co-accused Jagir Singh, she would have had no sympathy of any one. This part of the prosecution version, i.e., that Pasho Bai or for that matter Mohinder Singh, while making their confessions before PWs 9 and 10, had admitted even with regard to their illicit relations, does not inspire any confidence. Looked in this background, if statement of PW 10 is seen, he has clearly admitted in his cross-examination that Pasho Bai was not known to him earlier and that even her father met him for the first time on the day when Pasho Bai had confessed her guilt before him. This witness also did not know how many brothers father of Pasho Bai had. We are quite convinced that Pasho Bai could have not gone to a person who was totally stranger to her to confess her guilt. Further, PW 10 stated in his examination-in-chief that Ujagar Singh, father of Pashp Bai had come to him along with Pasho Bai on December 13, 1992, on which date she confessed her guilt before him. It may be recalled that the occurrence had taken place on November 22, 1992 and it has come in the evidence that the appellants Mohinder Singh and Jagir Singh had been arrested either on the next day i.e. November 23 or at the most on November 24, 1992. It is not possible that Ujagar Singh had brought Pasho Bai before Balbir Singh, PW 10 on December 13, 1992. Insofar as PW 9 Dula Singh, before whom Mohinder Singh appellant is stated to have confessed his guilt is concerned, he too likewise states that after 18-20 days from the murder of Resham Singh, Mohinder Singh had come to him and stated that he had illicit relations with Rano and had killed Resham Singh in the manner fully detailed above. It may be reiterated that the appellants in this case were arrested on November 23/24,1992. How could Mohinder Singh confess his guilt before PW 9, really surprises us.

The prosecution having not been able to prove motive for the crime as also the extra judicial confessions made by Mohinder Singh and Pasho Bai, is left only with the recoveries, i.e., of dead body of Resham Singh, Cycle identity card, a Parna and a gunny bag containing flour. The evidence with regard to these recoveries is absolutely discrepant. There is no need to repeat the discrepancies and inherent weakness in the prosecution case as the same have been commented upon while discussing the statements of various witness. That apart, it is not understandable as to why various things belonging to the deceased were left very close to the place whereby dead body of Resham Singh was buried. If the effort was to conceal the dead body of Resham Singh, in all probability, his belongings would have not been left open near the place of occurrence or where his dead body was buried. There is no need at all to go into the further details of the case inasmuch as the important link in the chain of circumstances, i.e. extra judicial confession, said to have been made by Mohinder Singh and Pasho Bai, has been doubted by us. The chain of circumstances is not complete so as to lead to only one hypothesis, i.e. that the appellants alone had committed the crime. Giving thus them the benefit of doubt, we accept this appeal thereby acquitting the appellants, who, if not wanted in any other case be released forthwith.