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2006 Supreme(Raj) 1346
High Court Of Rajasthan
Judgename : N.N. Mathur,Manak Mohta
Swaran Singh - Appellant
Versus
State of Rajasthan - Respondent
8 of 2000
Decided On : 05/08/2006
Mr. M.K. Garg and Mr. Niranjan Singh, for the Appellants
Mr. Vishnu Kachhwaha, Public Prosecutor.
Mr. T.R. Singh, for the Complainant.
Headnote:
Section 302 - Conviction under Section 302, IPC - Summary of Acts and Sections: Section 302, Section 302/34 IPC - The court analyzed the evidence and found that the conviction of A1 Swaran Singh and A3 Kulvinder Kaur under Section 302/34, IPC was set aside, while the conviction of A2 Kulwant Singh was altered from Section 302, IPC to Section 304 Part II, IPC.
Fact of the Case:
The case involved a dispute within a family leading to the murder of Malkiyat Singh. The prosecution witnesses, who were family members, provided conflicting testimonies, leading to a complex trial.
Finding of the Court:
The court found that the evidence presented was conflicting, with one of the key witnesses changing her testimony. However, the court also found corroborative evidence and concluded that A2 Kulwant Singh was guilty of culpable homicide not amounting to murder, while A1 Swaran Singh and A3 Kulvinder Kaur were acquitted.
Issues: The main issue revolved around the conflicting testimonies of the prosecution witnesses and the reliability of the evidence presented.
Ratio Decidendi: The court emphasized the need for corroboration of evidence and the caution required when witnesses change their testimony. The court also considered the nature of the incident and the absence of premeditation in determining the appropriate conviction.
Final Decision: The conviction of A1 Swaran Singh and A3 Kulvinder Kaur under Section 302/34, IPC was set aside, while the conviction of A2 Kulwant Singh was altered from Section 302, IPC to Section 304 Part II, IPC. A2 Kulwant Singh was sentenced to the period already undergone and was ordered to be released forthwith.
N.N. Mathur, J.-This appeal is directed against the Judgment dated 20.12.1999 passed by the learned Additional Sessions Judge, Raisinghnagar convicting appellant Kulwant Singh of the offence under Section 302, IPC and sentencing to imprisonment for life and to pay a fine of Rs. 5,000/-and in default, to further undergo one years simple imprisonment. Appellants Swaran Singh and Kulvinder Kaur have been convicted of the offence under Section 302 with the add of Section 34, IPC and sentenced to imprisonment for life and to pay a fine of Rs. 2,000/-each and in default, to further undergo six months simple imprisonment.
2. Before adverting to the evidence on record, we may notice that the accused persons and the prosecution witnesses belong to one and the same family; first appellant “A1” Swaran Singh being father, second appellant “A2” Kulwant Singh the younger brother and third appellant “A3” Smt.Kulvinder Kaur the sister-in-law (A2 Kulwant Singhs wife) of deceased Malkiyat Singh, while the star eye witnesses PW. 6 Bhupendra Kaur, PW. 7 Jasvinder Singh and PW. 10 Balbeer Kaur are the wife, elder brother and `Bhabhi of deceased. They lived in a residential compound in separate apartments in Ward No.5 of Padampur town. While PW. 6 Bhupendra Kaur and her deceased husband Malkiyat Singh lived in one room, A2 Kulwant Singh lived in another with his family. A1 Swaran Singh lived with his younger son A2 Kulwant Singh. There is a common gate of the residential premises. It is alleged that there was a dispute in the family with respect to the partition of the compound area. The occurrence in question is alleged to have taken place in the intervening night of 01/02.06.1997 at about 12 in the night. Malkiyat Singh returned to the house after watching a movie. While he was proceeding towards his room, he was interrupted by A1 Swaran Singh, A2 Kulwant Singh and his wife A3 Kulvinder Kaur. A1 Swaran Singh gave a lathi blow on his head. His cries attracted PW. 7 Jasvinder Singh and PW. 10 Balbeer Kaur and other neighbours. They got the deceased released from them. However, A1 Swaran Singh and A2 Kulvinder Kaur again caught hold of deceased Malkiyat Singh and A3 Kulwant Singh inflicted stab injuries on account of which he fell down and became unconscious. He was rushed to the hospital by PW. 7 Jasvinder Singh in his jeep, where he succumbed to the injuries. Promptly at 02.00 AM, a written F.I.R. of the incident was lodged by PW. 6 Bhupendra Kaur and PW. 7 Jasvinder Singh at the Police Station, Padampur. The police registered the crime for the offence under Section 302, 302/34 IPC and proceeded with investigation. The police inspected the site and prepared the inquest report. The autopsy on the dead body of Malkiyat Singh was conducted by PW. 4 Dr.Smt.Herbans Khanna and noticed the following injuries vide Exhibit-P.13:-
“1. Incised wound 2 cm x 1cm x 1.5cm on left side of supra clavicle fossa;
(2) Incised wound 2.2cm x 1cm x 1.5cm on left side of thigh in groin region.”
In the opinion of the doctor, the cause of death was excessive haemorrhage due to cutting of large vessels leading to shock and death.
3. The police laid the chargesheet against the appellants for the offence under Sections 302 and 302/34 IPC. The appellants denied the charges levelled against them. During trial, the prosecution in support of the case adduced oral and documentary evidence. The trial Court found the prosecution case proved and, as such, convicted and sentenced the appellants in the manner noticed above.
4. We have heard learned counsel for the parties and perused the record. The prosecution examined PW. 1 Bhawani Shanker, PW. 3 Deewan Chand, PW. 6 Bhupendra Kaur, PW. 7 Jasvinder Singh and PW. 10 Balbeer Kaur as witnesses of occurrence.
5. Surprisingly the victim PW. 6 Bhupendra Kaur, wife of deceased Malkiyat Singh, took a `U turn in the cross-examination and denied the correctness of deposition she made in the examination-in-chief
and, as such, she was dec
