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2013 Supreme(Raj) 22
RAJASTHAN HIGH COURT
GOVIND MATHUR & VIJAY BISHNOI, JJ.
Daulat Singh
Vs
State of Rajasthan
Criminal Appeal No. 924 of 2004
Decided on : 14/01/2013
The testimony of a child witness can be reliable and sufficient to support a conviction, provided that the child is able to understand the questions put to them and their answers are consistent and truthful.
Headnote:
CRIMINAL APPEAL - SECTION 302, 342 IPC - MURDER - CONVICTION - EVIDENCE - CHILD WITNESS - RELIABILITY - MOTIVE - PREMEDITATION - SENTENCE.
Fact of the Case:
The appellant, Daulat Singh, was convicted by the trial court for the murder of his wife, Kamla, under Section 302 of the Indian Penal Code (IPC). The prosecution's case was that Daulat Singh had assaulted Kamla with a hammer, causing her death. The appellant challenged the conviction, arguing that the evidence against him was not reliable and that the offense, if any, would only amount to culpable homicide not amounting to murder under Section 304 of the IPC.
Finding of the Court:
The High Court upheld the trial court's conviction. It found that the evidence against the appellant was reliable, including the testimony of a child witness, Kundan Singh, who had witnessed the assault. The court also found that the appellant had the motive and premeditation to commit murder, as he had been annoyed by Kamla's refusal to prepare a different vegetable for dinner.
Issues: 1. Whether the evidence against the appellant was reliable, particularly the testimony of the child witness, Kundan Singh. 2. Whether the offense committed by the appellant amounted to murder under Section 302 of the IPC or culpable homicide not amounting to murder under Section 304 of the IPC.
Ratio Decidendi: 1. The court held that the testimony of the child witness, Kundan Singh, was reliable. It found that Kundan Singh was able to understand the questions put to him and that his answers were consistent and truthful. The court also noted that there was no evidence that Kundan Singh had been tutored or coerced into giving false testimony. 2. The court held that the offense committed by the appellant amounted to murder under Section 302 of the IPC. It found that the appellant had the motive and premeditation to commit murder, as he had been annoyed by Kamla's refusal to prepare a different vegetable for dinner. The court also found that the appellant had assaulted Kamla for a long duration and had locked their children in the house when they screamed, indicating a clear intent to cause harm.
Final Decision: The High Court dismissed the appellant's appeal and upheld the trial court's conviction for murder under Section 302 of the IPC.
VIJAY BISHNOI, J.
Heard learned counsel for the parties.
2. The appellant Daulat Singh S/o Hem Singh has preferred this appeal against the judgment dated 31-7-2004 passed by the learned Additional District Judge (Fast Track), Rajsamand in Sessions Case No. 20/2004 whereby the accused-appellant was convicted for the offence under Section 302, I.P.C. and sentenced for imprisonment for life and a fine of Rs. 1,000/-, in default of payment of fine, he has to further undergo three months' imprisonment. The appellant was also convicted for the offence under Section 342, I.P.C. and sentenced for one month's rigorous imprisonment and a fine of Rs. 100, in default of payment of fine, he has to further undergo imprisonment of 7 days. It is ordered that both the sentences will run concurrently.
3. The prosecution story as narrated in the impugned judgment is that on 4-2-2004, one Sharvan Singh (PW7) has given an oral report (Exhibit P.8) at Police Choki Jassa Khera and has stated that his sister is married to Daulat Singh resident of Balli and they are having four issues. Today at about 4 p.m. Kamla has called Keshar Singh (PW-12) on his mobile phone and has informed him that her husband has bolted the house and is not allowing her to come in and is also assaulting her. Keshar Singh (PW12) has informed about the same to Teel Singh (PW-4) and Teel Singh has told him and Narayan Singh (PW-6) about the same. Then he along with his brother-in-law Narayan Singh went to village Balli and reached at Kamala's residence. On reaching there, he found the house locked. When he along with Narayan Singh came down, then they found that Daulat Singh is carrying his sister Kamla to put her in a jeep, however, after seeing them, he ran away from the spot. When they reached near to their sister, they found her dead. They also saw injury under the left ear of Kamla. He became apprehensive regarding the children of her sister, therefore, he again went to house of her sister and made queries then Khimi wife of Dhana (PW-1) has informed him that Daulat Singh has handed over the keys of the house to her. After taking the keys from Khimi when he unlocked the house, then all the four children were found in a room. Elder child of Kalma, Kundan Singh (PW-11) has informed that his father Daulat Singh has assaulted his mother Kamla in the day and thereafter in the evening. Daulat Singh assaulted her and has also inflicted a blow of hammer on the head of his mother and on account of that, his mother became unconscious. When they screamed for help, then their father locked them in the room. His brother-in-law Daulat Singh has assaulted his sister Kamla by hammer on the left side of the head and on account of that, his sister has died, whose dead body is lying underneath the banyan tree. On receiving this report, the police has registered a case under Sections 302, 342 I. P. C. against the accused-appellant Daulat Singh.
4. Accused Daulat Singh was arrested on the same day of incident i.e. 4-2-2004 vide Exhibit P/3. Post mortem of the dead body of Kamla was conducted on 5-2-2004 and post mortem report (Exhibit P.20) was prepared by Dr. Surender Duggar (PW10). As per post mortem report, Exhibit P. 20, two injuries were found on the body of deceased Kamla and cause of death has also been given. The description of injuries and cause of death is as :––
"(1) Lacerated wound of 4x4 cm below Lt ear at angle of mandible C fracture of mandibular bone in multiple pieces, large amount of blood collected at wound region.
(2) Abrasion 4x4 cm on Rt side of chest C fracture of 7th Rib of Rt side.
Cause of death
In my opinion cause of Death of Smt. Kamla is Hypovolumic shock due to rupture of external carotid vessels of Lt. side, Injury is antemortem". During the course of investigation, hammer was recovered from accused Daulat Singh vide Exhibit P.6. After concluding the investigation, charge-sheet has been filed against the accused appellant for the same offences under Sections 302 a
