District Dehradun vs State of Uttarakhand
Case Details
Deepak Kumar and Smt. Sheela. Said witnesses immediately caught the accused Navbharat Singh and detained him. Meanwhile, oral information was sent to the nearest police outpost from where Sub‐Inspector Urmila Badola (P.W.6) came at the spot. The custody of the accused Navbharat Singh was handed over by the 3 witnesses to the police official. A first information report (Ex. A6) was lodged by P.W.4 Man Singh at Police Station Dalanwala, Dehradun, on the basis of which check report (Ex. A11) was prepared and crime no. 25 of 2010 was registered against accused Navbharat Singh relating to offence punishable under section 302 IPC. P.W.7 Inspector Dhirendra Singh Rawat investigated the crime. P.W.6 Sub Inspector Urmila Badola who immediately after the incident reached at the place of incident, took dead body of the deceased in her possession and prepared inquest report (Ex. A12) and other necessary papers on record like sketch of dead body (Ex. A15), Police Form no. 13 (Ex. A16), sample seal (Ex. A17) and letter to Chief Medical Superintendent (Ex. A14) requesting for post mortem examination. P.W.3 Dr. Ajit Gairola conducted post mortem examination on the dead body of Dharamveer on 14.02.2010, and prepared autopsy report (Ex. A5). He recorded as many as five ante mortem injuries on the head of the deceased and opined that deceased had died of shock due to the extensive injury on vital organ brain. After interrogating the witnesses and inspecting the spot, the Investigating Officer (P.W.7) submitted charge sheet (Ex. A7) against accused Navbharat Singh 4 for his trial in respect of offence punishable under section 302 IPC.
4. The Chief Judicial Magistrate, Dehradun, on receipt of the charge sheet, after giving necessary copies to the accused as required under section 207 Cr.P.C., appears to have committed the case to the court of Sessions for trial. Learned Sessions Judge, Dehradun, after hearing the parties framed charge of offence punishable under section 302 IPC on 23.06.2010, to which accused pleaded not guilty and claimed to be tried. On this prosecution got examined P.W.1 Kundan Singh (eye witness), P.W.2 Tasleem (another eye witness), P.W.3 Dr. Ajit Gairola (who conducted post mortem examination), P.W.4 Man Singh (informant), P.W.5 Head Constable Manveer Singh (who prepared check report and made entry in the General Diary), P.W.6 Sub Inspector Urmila Badola (who prepared inquest report) and P.W.7 Dhirendra Singh Rawat (who investigated the crime). Oral and documentary evidence was put to the accused under section 313 Cr.P.C., in reply to which he (Navbharat Singh) pleaded that evidence adduced against him is false. However, no evidence in defence was adduced. The trial court after hearing the parties found 5 prosecution has successfully proved charge of offence punishable under section 302 IPC, against accused Navbharat Singh and convicted him accordingly under section 302 IPC. After hearing on sentence, the convict was sentenced to imprisonment for life and directed to pay fine of ‘ 2,000/‐ in default of payment of which the convict was further directed to undergo six months simple imprisonment. Aggrieved by said judgment and order dated 05.11.2011, this appeal was got sent by the convict through the District Superintendent of District Jail, Dehradun.
5. Before further discussion, we think it just and proper to mention the ante mortem injuries recorded by P.W. 3 Ajit Gairola at the time of post mortem examination on the dead body of Dharamveer on
14.02.2010. The ante mortem injuries are being reproduced from autopsy report (Ex. A5) prepared by said medical officer:‐ (i) Contusion size 5cm X 1.5cm on left side of face in zygomate area. (ii) Lacerated wound size 4cm X 1cm on right side of forehead with fracture bone and grey matter exposed. 6 (iii) Lacerated wound size 8cm X 2cm on center of head 7cm above nasion exposing bone and grey matter protruding. (iv) Lacerated wound size 10.5cm X 3cm on left side of skull temporal region 5cm above mastoid place, fracture in temporal bone with grey matter exposed. (v) Lacerated wound 4cm X 1.5cm X 1cm deep on left occipital area, 1cm lateral to mastoid. The medical officer (P.W.3) has opined in the autopsy report (Ex. A5) that deceased had died of shock due to the extensive injury on vital organ brain. The medical evidence on record as such clearly discloses that the deceased died homicidal death. This Court has to examine whether Dharamveer (deceased) was murdered by accused Navbharat Singh or not.
6. P.W.1 Kundan Singh is the star eye witness of the incident who has stated on oath that on 13.02.2010 between 4:15PM and 4:30PM he heard noise of shrieks coming from the house of accused Navbharat. On this he went there. The witness further narrates that he saw that accused Navbharat Singh was assaulting with iron rod on the head of Dharamveer. P.W.1 Kundan Singh further stated that his son Deepak Kumar, wife Sheela 7 and one Tasleem (P.W.2) also reached at the spot and witnessed the incident. The witness has further told that deceased died on the spot. P.W.1 Kundan Singh further stated that after the incident a lady police officer (S.I. Urmila Badola) came there who was given custody of accused Navbharat Singh. The witness has further proved that sample soil and blood stained soil was taken from the spot. He further told that blood stained jacket of the accused was also given to the police. The witness has further proved memorandums of recovery of jacket, blood stained soil and the blood stained soil and heavy iron rod (SABBAL). He also identified the weapon (heavy iron rod/SABBAL) [material Ex. 1] and blood stained jacket [Material Ex. 4] produced in the court.
7. P.W.2 Tasleem who is another eye witness of the incident has fully corroborated the prosecution case. According to this witness on 13.02.2010, he was going to take medicines from a Doctor. The witness further told that when he was going through D.L. Road he saw accused assaulting the deceased with his SABBAL (heavy iron rod). He further told that since the accused was giving blows after blows he alongwith Kundan Singh and others apprehended the accused at the spot 8 but by then the injured had already suffered injuries on his head. This witness has also proved memorandum arrest and that of recoveries Documentary Ex. A1 to Ex. A4.
8. P.W.4 Man Singh has corroborated the factum that accused Navbharat Singh used to beat his sister‐in‐law. This witness has proved first information report (Ex. A6) lodged by him after the incident. P.W.4 Man Singh is relative of the deceased.
9. P.W.5 Head Constable Manveer Singh is a formal witness who has proved the entries made in the General Diary in respect of the arrest of the accused, lodging of first information report etc. P.W.6 Sub Inspector Urmila Badola has proved inquest report and other necessary papers prepared by her.
10. We have reappreciated the entire evidence on record, and we concur with the view taken by the trial court that in view of the testimony of the eye witnesses read with post mortem examination report (Ex. A5) and forensic experts report disclosing that blood stained jacket and weapon SABBAL (heavy iron rod) contained human blood, coupled with the fact that the accused 9 was arrested immediately after the incident at the spot, the charge has been proved on the record that the accused Navbharat Singh committed murder of Dharamveer.
11. Learned Amicus Curiae submitted before this Court that accused/appellant was mentally unwell and it cannot be said that he was aware of the consequences of the act on his part. However, no such plea appears to have been taken by the accused at the time of the charge, nor such a suggestion was made to any of the witnesses of fact, nor any evidence was adduced in defence, in this behalf. From the perusal of the order sheet of the trial court it appears that there is no observation of the trial court on any of the dates fixed during trial that the accused was behaving as a mentally sick person. In the circumstances, merely to escape from the punishment if someone takes a casual plea that he was mentally unwell without there being any medical evidence on record, the same cannot be accepted.
12. It is also contended on behalf of the appellant that P.W.1 Kuldeep Singh is relative of the deceased as such his evidence cannot be said to be impartial. We have 10 gone through the statement of said witness, and we do not find that the testimony of the witness is unreliable. Merely for the reason that the witness happens to be a distant relative of the deceased, it cannot be said that he has falsely implicated Navbharat Singh with whom he had no enmity. It is also argued that P.W.2 Tasleem is a pocket witness of the police but this argument is bald in the sense that it has not been shown by the defence that in how many cases police produced Tasleem as witness. This Court cannot close its eyes to the fact that it is established on the record that accused was arrested at the spot while committing the crime, and it was broad day‐light incident. In such circumstances neither the testimony of P.W.1 Kundan Singh nor that of Tasleem can be said to be untrustworthy.
13. For the reasons as discussed above this Court finds no force in the appeal. Accordingly the appeal is dismissed. Let a copy of this judgment be sent to the Superintendent of Jail where accused/appellant Navbharat Singh is undergoing the sentence for his information. Lower court record be sent back. (U.C. Dhyani, J.) (Prafulla C. Pant, J.)
02.11.2012 Parul 11