State of Himachal Pradesh vs Santokh Singh

Rajiv Sharma, Judge

This appeal is directed against the judgment dated 04.02.2004, passed by the learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, Himachal Pradesh in Sessions Case No. 98-N/VII/2003, whereby the respondents, who were charged with and tried for offence u/s 302 read with Section 34 of the Indian Penal Code, have been acquitted. Case of the prosecution, in a nut-shell, is that PW-3 Surinder Singh has lodged a report at Police Station, Indora on 13.10.2002. According to the complaint, on 12.10.2002 at about 10:30 a.m., while he was sowing potato in his fields, his maternal uncle, Thunia Ram, came there and told that the accused had given beatings to him with fist and kick blows. He could not walk. He fell down and became unconscious. There were injuries on all over his body. Thereafter, Surinder Singh took Thunia Ram in a private vehicle to Police Post, Thakurdwara. Constable Parveen Kumar was sent with injured Thunia Ram for medical examination. He was admitted in the hospital. He succumbed to his injuries on 13.10.2002 at about 10:00 a.m. The post mortem was conducted. Thereafter, the matter was investigated and challan was put up after completing all the codal formalities.

The prosecution has examined a number of witnesses. The statements of the accused were also recorded u/s 313 of the Criminal Procedure Code. They pleaded innocence and claimed trial. Learned Additional Sessions Judge, Fast Track Court, Dharamshala, H.P. acquitted the accused on 04.02.2004. Hence, this appeal by the State.

Mr. Vivek Singh Thakur, learned Additional Advocate General has strenuously argued that the prosecution has proved its case against the respondents. According to him, the learned trial Court has not appreciated the evidence led by the prosecution.

Mr. Ashok Chaudhary, learned counsel for the respondents has supported the judgment dated 04.02.2004.

We have heard the learned counsel for the parties and gone through the records carefully.

PW-1 Swati Aggaral, Medical Officer has examined Shri Thunia Ram on 12.10.2002, on the basis of application moved by the Police vide Ex. PW-1/A. According to her, Thunia Ram has received seven injuries. Injuries No. 1, 2, 3, 5, 6 and 7 were simple caused with blunt weapon. Injury No. 4 after X-Ray was found to be simple in nature. She issued M.L.C. Ex. PW1/B. She has not observed any injury on scrotal region. In her cross-examination, she has admitted that the injuries received by Thunia Ram were possible in case the bullock with plough ran over him.

PW-2, Dr. Suman Lata Saxena, Medical Officer has issued post mortem report Ex. PW-2/B. According to her, the apparent cause of death of Thunia Ram was haemorrhegic and neurogenic shock due to multiple injuries over the body and over testicular area. In her cross-examination, she has admitted that the person of the age of Thunia Rm could get sudden cardiogassest.

PW-3, Shri Surinder Singh has deposed that while he was sowing potatoes in his fields, he heard a noise ''bachao bachao''. It happened about 9:30 or 10:00 a.m. On hearing the cries, he went towards that side. He found Thunia Ram lying injured. The blood was oozing out from his injuries. He lifted Thunia Ram from the spot and brought to his house with the help of one Suman (Bhaiya). He enquired from Thunia Ram how he sustained injuries. He replied that Santokh and his daughter-in-law had beaten him. Thunia Ram was not in a position to go to Police Station. He then went to the Police Station Thakurdwara Chowki. He narrated the facts to the police and brought them to his house. Thereafter, F.I.R. Ex. PW-3/A was registered. According to him, Thunia Ram has received injuries on his hands, arms and legs. He was also complaining of pains in his stomach. He heard the noise from 100 yards. When he reached the spot, Thunia Ram was alone at that place and the accused were not there. He did not ask, why he was beaten up. He told him that he was beaten up with dandas. He told him that Santokh inflicted injuries with dandas. The danda was supplied to Santokh by his wife. According to him, he was taken in a vehicle firstly to Police Chowki and thereafter to hospital Indora. He only heard that danda was recovered by the police, but according to him, the same was not recovered in his presence. In his cross-examination, he deposed that when he went to the Police Post Thakurdwara to inform the Police, Thunia Ram was kept at his house with his mother, wife and one Bhaiya. Thereafter, the police came to his house in a Car from Police Chowki. The police recorded the statement of Thunia Ram, but his statement was not recorded at that time in his house. According to him, again the statement of Thunia Ram was recorded in Police Station Thakurdwara in his presence and in the presence of Jagdish. His statement was not recorded in the Police Chowki, but his signatures were obtained. Thereafter, in the same car, he came to Police Station, Indora alongwith Thunia Ram. Thunia Ram was medically examined. He put his thumb impression on M.L.C. Ex. PW-1/B. According to him, the SHO had a conversation with Thunia Ram and S.H.O. also recorded the statement of Thunia Ram

PW-4, Jagdish Chand and PW-5, Baldev Singh were declared hostile. According to PW-4, Jagdish Chand, he has not seen anyone beating Thunia Ram. PW-5, Baldev Singh has deposed that Santokh Singh was about to cultivate his fields and in the meantime, Thunia Ram stood in front of the bullocks and stopped Santokh Singh and freed the bullocks. By that time, wife of Santokh Singh came to him for resolving the dispute. He asked her to bring the Sarpanch. According to him, Thunia Ram left the place and went towards his hut and no quarrel took place in his presence.

PW-7, Sher Singh has taken photographs. PW-8, Surinder Kumar has deposed that Santokh Singh was in police custody and nothing was deposed by the accused in his presence. He was also declared hostile.

PW-9, Shri Chanan Lal has testified that nobody disclosed anything to the police in his presence. He was also declared hostile.

PW-12, HHC Subhash Chand has testified that Surinder Kumar, PW-3 came at about 11:30 a.m. at Police Post Thakurdwara. He said that Thunia Ram was beaten up by Santokh Singh and his wife. He lodged this information in Rapat Roznamcha. He deputed Parveen Kumar to get the injured medically examined. In his cross-examination, he has admitted that he has no conversation with Thunia Ram.

PW-13, Rajinder Singh has testified that on 12.10.2002, Surinder Kumar came to the Police Post Thakurdwara at about 11:30 a.m. alongwith injured. According to him, Surinder Kumar narrated that when he was working in the fields, Thunia Ram injured came to him and Thunia Ram told Suriender Kumar that he has been beaten up by his dauther-in-law and son, Santokh Singh. Thereafter, he became unconscious. He lifted Thunia Ram. He could not speak except ''hoon hoon''. The statement of Surinder Kumar was recorded in Rapat Roznamcha through Munchi and thereafter, Constable Parveen Kumar was sent alongwith Thunia Ram for medical examination and treatment.

PW-15, HC Nasib Singh has testified that on 13.10.2002, he was working as MHC and was posted in Police Station Indora. According to him, at 10:45 a.m., Surinder Kumar, son of Kartar Singh came in Police Station, Indora and stated that while he was working in his fields on 12.10.2002 at about 10:30 a.m., Thunia Ram came to him and told that he was beaten up by his son Santokh Singh and daughter-in-law Taro Devi. Thereafter, he became unconscious and Surinder Kumar took him in a private vehicle to Police Post, Thakurdwara. He recorded F.I.R., Ex. PW-3/A and read over the same to Surinder Kumar. He has admitted in his cross-examination that copy of Rapat Roznamcha is sent to the Police Station from the police post, if it discloses the commission of cognizable offence. According to him, he has not received any copy of Rapat Roznamcha. However, volunteered that FIR was recorded as per the statement.

PW-16, S.I. Joga Singh has admitted in his cross- examination that he has not recorded the statement of doctor nor he asked from the doctor anything disclosed by Thunia Ram to the doctor. He has also admitted that no investigation has taken place from 12.10.2002 till the registration of FIR.

PW-17, Inspector, Satvinder Singh has testified that he has prepared the spot map Ex. PW-17/A. According to him, the accused made the disclosure statement Ex. PW-8/A, on the basis of which, danda was recovered from a cluster of maize grass/fodder. The recovery was effected in the presence of Chanan Lal, Sher Singh and Surinder Singh. The recovery memo of danda was prepared vide Ex. PW-8/B. He recorded the statements of witnesses.

According to the contents of Ex. PW-12/A, the copy of Rapat Roznamcha, which was recorded at Police Post Thakurdwara, while PW-3 was working in his fields on 12.10.2002 at 10:30 a.m., his uncle Thunia Ram approached him shouting ''bachao bachao''. He told him that his daughter-in-law and son have beaten him with dandas and fist blows. He could not walk. He narrated the incident and thereafter he lied on the floor and became unconscious. He noticed blood stains on the cloths of Thunia Ram due to the beatings given to him. When PW-3 has appeared in Court, his version is totally different. He deposed that when he was sowing potatoes in his fields, he heard noise ''bachao bachao'' at 9:30 or 10:00 a.m. He went in the direction from where the noise was coming. He found that Thunia Ram was lying injured and blood was oozing from his injuries. He picked up him with the help of one Bhiaya. This statement of PW-3 is totally at variance with what he has stated in Ex. PW-12/A. According to PW-12/A, Thunia Ram came to him while in his statement before the Court he stated that he went towards the direction from where Thunia Ram was shouting and he noticed him lying down. He has admitted in his cross-examination that when he reached Thunia Ram, he was all alone and the accused were not there. Thus, it is evident that he has not seen the accused giving beatings to Thunia Ram. He was only told by Thunia Ram that his daughter-in-law and son have beaten him. In his examination-in-chief, PW-3 has testified that Thunia Ram was taken in a Vehicle firstly to Police Chowki and thereafter to hospital Indora. He was admitted in hospital Indora at 1:00 p.m. or 1:30 p.m. In his cross-examination, he deposed that when he went to Police Post Thakurdwara to inform the police, Thunia Ram was kept at his house with his mother, wife and one Bhaiya. Thereafter, the police came to his house in a car from the Police Chowki. Police recorded the statement of Thunia Ram.

PW-4 and PW-5, as noticed above, have been declared hostile. PW-4 has deposed that he has not seen anyone beating Thunia Ram. Similarly, PW-5 has also deposed that no quarrel took place in his presence. PW-8 and PW-9 have also deposed that no disclosure statement was made before them by the accused in the police custody. However, PW-17 has stated that the recovery was effected in the presence of PW-8 and PW9. Thus, the recovery of danda is also doubtful.

According to PW-3, he has taken Thunia Ram to Police Check Post, Thakurdwara, however, PW-12, HHC Subhash Chand has deposed that Thunia Ram did not come to the Police Station. According to him, Thunia Ram was sitting in the vehicle. PW-3, Surinder Singh came alone to the Police Check Post.

PW-13, Rajinder Singh has also deposed that Thunia Ram was in his vehicle. He went to enquire from Thunia Ram about the incident. He could not speak, except ''hoon hoon''. According to PW-1, Dr. Swati Aggarwal, the injuries received by Thunia Ram were simple in nature and these could be caused in case the bullock with plough ran over him. PW-2, Dr. Suman Lata Saxena has testified that the persons of the age of Thunia could have sudden cardiogassest.

Thus, there are inherent discrepancies and contradictions in the statements made by the witnesses. The prosecution has failed to prove the charge against the accused persons.

There is a serious discrepancy, the manner in which the case has been handled by the police. The incident has taken place on 12.10.2012. Ex. PW-12/A was recorded at 11:30 a.m. The copy of Ex. PW-12/A was not sent to the Police Station, Indora. It is clear from the contents of Ex. PW-12/A that a cognizable offence has been committed by the accused. The F.I.R. should have been registered at Police Post Thakurdwara or Ex. PW-12/A was required to be sent immediately to the Police Station, Indora for recording the F.I.R. It has come in the statement of PW-12, Subhash Chand that the Police Station was not informed about the rapat. PW-15, Head Constable Nasib Singh has admitted in his cross-examination that the copy of Rapat Roznamcha is sent to the Police Station from the Police Post, if it discloses the cognizable offence. However, he did not receive the copy of Rapat Roznamcha.

PW-16, S.I. Joga Singh has also admitted that no investigation took place in this case from 12.10.2002 till the registration of FIR. It is a serious lapse on the part of the police. In all the cases, where the commission of cognizable offence is made out from the complaint, F.I.R. is to be promptly recorded and the investigation has to commence in right earnest. In this case, the investigation has not taken place from 12.10.2002 till the registration of the case and the possibility of the important evidence disappearing in the meantime cannot be ruled out. The police has taken the case very casual. We show our strong displeasure, the manner in which the entire investigation has been carried out by the police in the present case. In view of the abovesaid position, we see no reason to interfere with the judgment of the trial Court. Hence, the appeal is dismissed. Bail bonds are ordered to be discharged.