State Of Punjab vs Ramji Das - 1977 Supreme(SC) 126

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1977 Supreme(SC) 126

SUPREME COURT OF INDIA
Y.V. CHANDRACHUD, P.K. GOSWAMI AND P.N. SHINGHAL, JJ.
State of Punjab, Appellant
Versus
Ramji Das, Respondent.
Criminal Appeal No. 236 of 1974,
D/- 3-3-1977.
Advocates appeared
Mr. O. P. Sharma and Miss Kusum Chaudhari, Advocates, for Appellant; M/s. R. L. Kohli and S. K. Gambhir, Advocates, for Respondent.

Headnote:
Indian Penal Code - Section 302/300 – Offence of murder – Injury – First Information Report - It therefore held that it would be "extremely unsafe" to rely on his sole statement - As regards the recovery of the blood-stained clothes from the person of respondent High Court held that although it was a circumstance which created a suspicion against the respondent, but by itself circumstance is not sufficient to bring the charge home to accused - High Court observed that as the respondent was in the crowd, and was in the vicinity of area where had been stabbed he could have received blood-stains on his shirt and would have bled profusely - It therefore reached conclusion that that circumstance was not conclusive for proving guilt of the respondent - It was for these reasons that High Court acquitted respondent – Held, Tried to argue that the first information report was not recorded soon after incident and that claim of prosecution that it was recorded within 10 minutes of the incident must be rejected because it reached Magistrate concerned the next day at 12 noon – Court find no force in this argument for we have no reason to disbelieve the statement of Inspector the report was sent with Constable who brought it back undelivered, and that he thereafter handed it over to the Magistrate at 12 noon at his house as it was a holiday - It has to be remembered that incident took place in a large gathering, in a well-lit area, and the respondent was apprehended on the spot along with the blood-stained dagger - It is also not disputed that the Police arrived at the place of occurrence within a matter of minutes because was assigned his duty in where was going on - There could be no question of fabricating the first information report in such facts and circumstances, and it is futile to argue that the report reached Magistrate the next day because it was made up falsely - Argued in the alternative, that the respondent had a right of private because the statement showed that he had received as many as ten injuries, some of which could possibly be inflicted with - Counsel has therefore argued that the respondent had a right of private of his body and that even if it were assumed that he had exceeded that right his case would fall under Exception Section 300, I. P. C - Argument is however untenable because the accused could have no apprehension of death or grievous hurt by the deceased because the incident took place in a large gathering where other persons were present and would have intervened on behalf of the respondent if necessary - There could therefore be no occasion for considering the application of any of the exceptions to Section 300, I. P. C. stated that the respondent was mobbed by several persons and was given a beating, and that he also gave him a beating - This fully explains the injuries which were found on his person. On being given an opportunity to explain the injuries, respondent stated that the ten injuries on his person were caused because he was given a beating by the police at the police station - There is therefore no justification for the argument that the respondent caused the murder of exercise of the right of private of his person - Appeal allowed

Judgment

SHINGHAL, J. :- This appeal by the State of Punjab is directed against the judgment of the Punjab and Haryana High Court dated October 29, 1973, by which respondent Ramji Dass has been acquitted of the offence under Section 302, I. P. C. and the reference for confirmation of the sentence of death has been rejected.

2. The prosecution alleged that there was a jagrata in Arya Samaj Chowk, Ferozpur city, on August 5, 1972. There was therefore a large gathering there. The whole of the pandal was properly lighted, and there was a raised platform in the center, for the signing parties and the organisers. The deceased Balbir Singh was present in the jagrata and was working as a volunteer to prevent persons from going to the platform. His brother Gurbachan Singh (P. W. 5). his mothers sisters husband Harnam Singh (P. W. 2), and Bahadur Singh (P. W. 3) were also present there. Respondent Ramji Dass came there at about 10 p. m. and wanted to push his way to the platform. He was stopped by the deceased Balbir Singh. That led to an exchange of abuses between them, when suddenly respondent Ramji Dass whipped out dagger Ex. P. 1 from the dab of his pyjama and thrusted it in Balbir Singhs neck. An attempt was made to apprehend him but before that could be done, he gave another blow to Balbir Singh with the dagger, at the shoulder. Balbir Singh fell down, and was being taken to the hospital when he died. Respondent Ramji Dass was apprehended on the spot, along with the blood-stained dagger Ex. P. 1. He was handed over to Assistant Sub-Inspector Manjit Singh (P. W. 8) who was on patrol duty in the area. Harnam Singh (P. W. 2) gave the first information report Ex. P. D. to Manjit Singh. The Investigating Officer took the blood-stained dagger in his custody and sealed it. He also took shirt Ex. P. 2 and pyjama Ex. P. 3, which were on the person of the respondent, in his custody, as they were stained with blood. They were also sealed on the spot. The Chemical Examiner and the Serologist have reported that the dagger, the shirt and the pyjama, were stained with human blood. A post-mortem examination was made of the dead body of Balbir Singh. As there were some injuries on the person of the respondent, he was also medically examined and the injury report has been placed on the record. Dr. S. K. Gupta, who performed the post-mortem examination, stated that the death of Balbir Singh was caused by shock and hemorrhage as a result of the incised wound on the front and lower part of the neck which had cut the major blood vessels. In his opinion, that injury was sufficient to cause the death of Balbir Singh and was ante-mortem. Dr. Gupta found another incised wound on the front of the left deltoid region, and stated that both the injuries could be caused by dagger Ex. P. 1.

3. The prosecution examined Harnam Singh (P. W. 2), Bahadur Singh (P. W. 3) and Gurbachan Singh (P. W. 5) as eye-witnesses of the incident. Respondent Ramji Dass denied the allegation of the prosecution, but did not lead any evidence in his defence. The Additional Sessions Judge of Ferozpur convicted him of the officer under Section 302, I. P. C. and sentenced him to death. He also imposed a fine of Rs. 500/- and directed that, as and when it was recovered, a sum of Rs. 250/- may be paid to the immediate heirs of the deceased by way of compensation. As the High Court has acquitted the respondent as aforesaid, the State of Punjab has filed this appeal by special leave.

4. The statements of Harnam Singh (P. W. 2) and Bahadur Singh (P. W. 3) recorded in the court of the Committing Magistrate were treated as evidence in the Court of Session under Section 288 of the Code of Criminal Procedure. The Additional Sessions Judge held that those statements were "most straightforward" and were narrated in a "natural and proper sequence and in a consistent manner." He further took the view that even if the statement of Harnam Singh (P. W. 2) had not been transferred and read in evidence under

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