Shiv Dayal vs The State of Punjab

Ashutosh Mohunta, J.—The challenge in this appeal is to the judgment of conviction and order of sentence dated 18.12.2002 passed by the Sessions Judge, Gurdaspur, vide which the appellant Shiv Dayal has been held guilty for having committed the murder of his wife Smt. Kanta and has been convicted u/s 302 IPC and sentenced to undergo imprisonment for life with a fine of Rs. 2,000/-. In default of payment of fine, the appellant has been ordered to further undergo rigorous imprisonment for six months.

The case of the prosecution is unfolded by PW5 Tarjit Lal, brother of the deceased-Smt. Kanta, who stated that they are three brothers and four sisters, out of whom his sister, namely, Kanta was married to Shiv Dayal @ Mittu son of Inderjit, resident of village Malwe-de-Kothi, Batala, about 12/13 years ago. His sister has two daughters and a son. It was stated that his sister''s husband was a labourer by profession and he used to often quarrel with the complainant''s sister. It was further stated by the complainant that on 3.6.2001 he along with his brother Charan Dass, who was employed in the Army, had gone to the house of their sister Smt. Kanta at about 9 A.M. At that time, his sister Kanta and brother-in-law Shiv Dayal were quarreling with each other while sitting in the room of their house. The complainant and his brother advised both his sister and brother-in-law that they should not quarrel with each other. Kanta told them that her husband is sitting idle for the last 3/4 days and is not going for doing the labour work. This infuriated Shiv Dayal who became very angry and took out a Datar from under the bed lying in the room and within their sight gave 3/4 blows with his Datar on the neck of the complainant''s sister Kanta which hit her on the left side of her neck. On receiving the blows, Kanta fell down on the ground, stained with blood. She died on the spot. Shiv Dayal tried to run away from the spot but the complainant and his brother overpowered Shiv Dayal along with the blood stained Datar and caught him. In the meantime, Balwant Rai and Bachan Dass, Members Panchayat, residents of the same village, came at the spot. The complainant left the dead body in the care of his brother Charan Dass, Balwant Rai and Bachan Dass and proceeded to the Police Station to lodge the report. On the way, he met Balbir Singh, Inspector CIA Staff Batala, to whom he narrated the entire incident. On the basis of the statement Ex. PF made by Tarjit Lal, formal FIR Ex. PF/2 was recorded by SI Hardev Singh at 11:45 A.M. on 3.6.2001 at Police Station Sadar, Batala.

The investigation in the case was taken up by DSP Balbir Singh PW7 who recorded the statement of the complainant Tarjit Lal. The Investigating Officer along with other police officials went to the place of occurrence in village Malwe-di-kothi and prepared the inquest report Ex. PC in the presence of Charan Dass and Bachan Dass. Blood stained earth was lifted from the spot and the same was put in a plastic box and sealed. The blood stained weapon of offence i.e. the `Datar'', was also taken into possession vide Memo Ex. PG which was attested by the same witnesses and thereafter the dead body of Smt. Kanta was sent to Civil Hospital, Batala, for post-mortem examination.

On 3.6.2001, PW1 Dr. Sukhdeep Singh, Medical Officer, Civil Hospital Batala, conducted the post-mortem examination on the dead body of Smt. Kanta and found the following injuries:

Incised wound 13cm x 2cm on the upper part of right side of neck starting from 5-1/2 cm below the tip of right ear pinna and extending upto middle of chin. Wound was bone deep.

Incised wound 16 cm x 2cm on the upper part of left side of neck starting from 8cm behind the left ear pinna and extending upto middle of chin. Wound was bone deep.

Incised wound 34 cm x 3 cm around the base of the neck starting from 8cm below and behind the right ear pinna and extending through the front left and back of neck leaving 8cm of the neck intact. Wound was bone deep.

Incised wound 3cm x cm slightly oblique in direction on the back and middle of the neck. Wound was muscle deep.

Incised wound 12cm x cm on the front and upper part of the chest left side slightly oblique in direction starting from the middle of the left supra clavicular region and extending upto middle of the chest 10 cm above the xiphistermum. Wound was muscle deep.

Incised wound 10cm x cm on the front and upper part of left side of chest 1cm above the injury No. 5. Wound was muscle deep. PW1 opined that the cause of death in this case was due to haemorrhage and shock as a result of multiple injuries and all the injuries were antemortem in nature and were sufficient to cause death in normal course of nature.

On completion of the investigation and on receipt of the report of Forensic Science Laboratory Ex. PL the appellant Shiv Dayal was challaned and was given the copies of documents as required u/s 208 Cr. P.C. by the Committing Magistrate. Charge u/s 302 IPC was framed against the accused to which he pleaded not guilty and claimed trial.

In order to prove its case, the prosecution examined PW1 Dr. Sukhdeep Singh, PW2 Constable Narinder Singh No. 3063, PW3 Constable Ramesh Chander No. 3200, PW4 Charan Dass, PW5 Tarjit Lal complainant, PW6 Constable Kuldip Singh No. 3363, PW7 DSP Balbir Singh, Investigating Officer, PW8 MHC Amrik Singh and thereafter closed its evidence. The entire evidence was put to the accused u/s 313 Cr.P.C. The accused stated that he had been falsely implicated in the case at the instance of Tarjit Lal and was innocent. He, however, examined DW1 Baljinder Singh Constable No. 1926, DW2 Amrik Singh, Head Constable No. 2129 in his defence.

The trial Court by placing reliance on the statements of Charan Dass PW4 and Tarjit Lal PW5 as also on the post-mortem report of Dr. Sukhdeep Singh PW1 found that it was the accused Shiv Dayal who had committed the murder of his wife Smt. Kanta and, accordingly, convicted the accused u/s 302 IPC and sentenced him to undergo imprisonment for life with fine of Rs. 2000/-and in default of payment of fine, to further undergo rigorous imprisonment for six months.

Mr. Khurana, learned Counsel for the appellant, has vehemently argued that the entire incident happened because the accused was provoked by his wife Smt. Kanta who castigated him for not going for work for the last 3-4 days before her brothers Tarjit Lal and Charan Dass. This infuriated the appellant who in a sudden fit of anger caused fatal blows to the deceased-Smt. Kanta. It has been argued that as the occurrence took place all of a sudden and without any pre-meditation, therefore, the offence should fall u/s 304 Part-II IPC and not u/s 302 IPC. Counsel for the appellant has placed reliance on Muthu Vs. State by Inspector of Police, Tamil Nadu, wherein the incident had taken place in a sudden fight and the accused inflicted a knife injury on the chest of the deceased. The Supreme Court held that the act was committed with the knowledge that it is likely to cause death but without any intention to cause death or such bodily injury as is likely to cause death and, hence, the offence comes under Part-II of Section 304 IPC. Counsel for the appellant has further submitted that the accused has already been in custody for the last more than 7 years and that a lenient view be taken while sentencing the accused.

The arguments raised by the counsel for the appellant have been strongly controverted by the counsel appearing for the State. It has been argued by the counsel for the State that the accused committed the murder of his wife Kanta by giving six severe blows with the Datar on the neck and chest of the deceased. It was argued that all the injuries were on vital part of the body of the deceased i.e. the neck and the chest and that the accused deserves no leniency. Learned Counsel has further argued that the case of the prosecution has been fully proved by the depositions made by PW4 Charan Dass and the complainant Tarjit Lal PW5 who had witnessed the occurrence. Both these eye-witnesses had given a detailed graphic account of the manner in which the accused had given the Datar blows on the neck and chest of their sister Kanta. The accused was overpowered and apprehended on the spot by both the eye-witnesses. Learned Counsel has further argued that the authority relied upon by the counsel for the appellant is not applicable to the facts of the present case as in Muthu''s case (supra) the accused had inflicted one knife injury on the chest of the deceased whereas in the present case the accused Shiv Dayal had inflicted six Datar blows on the neck and chest of the deceased. The doctor had opined that the injuries were sufficient to cause death in the normal course of nature.

We have heard the learned Counsel for the parties at length and have perused the entire record.

A perusal of the statement of PW5 Tarjit Lal shows that on 3.6.2001 he along with his brother Charan Dass, who was employed in the Army and had come home on leave, had gone to the house of their sister Kanta where she and her husband Shiv Dayal were quarreling with each other. Kanta had complained to her brothers that her husband Shiv Dayal has been sitting idle for the last 3-4 days upon which the accused was infuriated and fell into a rage and picked up a Datar and gave six blows on the left side of the neck and also on the chest of the complainant''s sister Kanta, as a result of which she died on the spot. The accused Shiv Dayal was overpowered and apprehended at the spot by both the brothers i.e. Tarjit Lal and Charan Dass. Both PW4 and the complainant PW5 had given a detailed account of the manner in which the crime was committed by Shiv Dayal. The defence has not been able to make any dent in their depositions made in Court. The ocular version given by PW4 and PW5 has been fully supported by the medical evidence. As per PW1 Dr. Sukhdeep Singh, Medical Officer, Civil Hospital Batala, who conducted the post-mortem on the dead body of Kanta, six injuries were found on the person of the deceased. PW1 had opined that all the six injuries were on the neck and chest of the deceased and the same could have been caused with the weapon of offence i.e. Datar. The doctor had further opined that the injuries were sufficient to cause death in the ordinary course of nature. Thus, the ocular version is fully corroborated by the medical evidence.

Apart from the above, the occurrence took place on 3.6.2001 in the house of the deceased at 9 A.M. and the FIR was lodged on the same day at 11:45 A.M. The First Information Report had been lodged without any delay and there was no false implication in the present case.

In view of the aforementioned discussion, we are of the considered opinion that it was the accused Shiv Dayal who had committed the murder of his wife Smt. Kanta. He has rightly been convicted u/s 302 IPC and has been sentenced to undergo imprisonment for life along with fine of Rs. 2,000/-and its default clause. We find no infirmity in the judgment dated 18.12.2002 passed by the Sessions Judge, Gurdaspur. Accordingly, we dismiss the appeal filed by the appellant and uphold the judgment of the trial Court.