IMPORTANT POINTS
Accused not explaining his injuries sustained at about the same time as deceased leads to adverse inference against him.
Intention can be formed at the place and tine of commission of crime and can be gathered from circumstances.
Death caused during sudden scuffle attracts section 304 Part I IPC and not section 302.

JUDGMENT

PRAFULLA C. PANT, J.

1. This appeal is directed against judgment and order dated 24.5.2011 passed by the High Court of Punjab and Haryana in Criminal Appeal No. 827-DB of 2002 whereby conviction and sentence recorded by the Additional Sessions Judge (FTC), Sonepat against the appellant under Section 302 of Indian Penal Code (IPC) has been affirmed.

2. We have heard learned counsel for the parties and perused the record.

3. Prosecution story, in brief, is that PW-9 Raj Singh, resident of Village Hassanpur, had three brothers. Raj Pal @ Pale (deceased) was younger to him. All the four brothers used to live separately. On 11.1.2000, Raj Singh had gone to Sonepat with his brother Raj Pal for some personal work. Raj Singh got held up in Sonepat, and Raj Pal left for the Village. Later, he (Raj Singh) also proceeded from Sonepat. At about 10.00 p.m., when Raj Singh on his way to Village Hassanpur, alighted from three-wheeler, at G.T. Road crossing, he noticed Sanjeev @ Gaja (appellant) with blood stained clothes fleeing from the side of Government tubewell towards Murthal bus stand. He (Raj Singh) could identify Sanjeev in the headlights of the vehicles, but did not have an idea that his brother (Raj Pal) had been murdered. After meals he went to bed. In the next morning, Shakuntala (wife of Raj Pal) came to him and told that Raj Pal had not reached home. On this, a search was made by Raj Singh and his another brother Ram Kumar regarding their missing brother. At about 9.00 a.m., they reached near water supply tubewell and noticed a man lying only with trousers. They went near to see the person and realized that their brother Raj Pal has been killed who was lying in the pool of blood. There were wounds on the forehead, nose and eye brows of the body. Shirt, sweater, slippers, etc. were lying at some distance. Suspecting that Sanjeev @ Gaja might have killed or helped someone killing Raj Pal, he went to the police post and gave First Information Report (Ex. PG/1) on 12.1.2000 at 10.40 a.m.

4. PW-6 A.S.I. Jagat Singh recorded the above First Information Report relating to offence punishable under Section 302 IPC at Police Post, Sadar, Sonepat. Police team headed by PW-14 S.I. Yashpal Singh with PW-8 H.C. Mahinder Singh and Constable Rajeev Singh, along with informant, proceeded towards the place where the dead body was lying. The body of the deceased was taken into possession and sealed. The inquest report (Ex. PE/2) was prepared.

Shirt, sweater, slippers, etc. and a blood stained brick were also taken into possession by the police and a memorandum was prepared. Sealed dead body of Raj Pal was handed over to PW 8 H.C. Mahinder Singh, and sent for post mortem examination through Constable Ramesh Kumar and Rajbir. PW-11 S.I. Ram Chander took up investigation.

5. PW-3, Dr. Purnima Ahuja of Government Hospital, conducted post mortem examination on the very day, i.e., 12.1.2000, on the dead body of Raj Pal, with her colleague Dr. R.N. Tehlan. Following ante-mortem injuries were recorded by the team of medical officers who prepared autopsy report (Ex PA/1/2000): -

“1. Multiple contusion of varying sizes 5 x 1 cm, 4x3, 2x1, 3x1, 3x1 and 1x1 cms, present on whole of back about 10 to 12 in number. On cut sections blood was found on the sub coetaneous tissue.

2. Defused swelling was present on the front and left side of chest of size 20x10 cms. On examination crepitus was found. On exploration, there was massive presence of blood in the sub coetaneous tissue deep to the chest wall and pericardium and pleura. No. 3rd to 9th ribs were found fractured at multiple paces. Left thoracic cavity was full of blood (about 2 liters) left lung was badlylacerated on right side. The 3rd and 6th ribs were fractured medially and thoracic cavitywas full of blood. The lung was lacerated.

3. Lacerated wounds 5x2 cms present on the middle of the forehead vertically placed. Underlines bone was fractured. C.V. was present.

4. Lacerated wound 3x2 cms. present