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2008 Supreme(P&H) 204
PUNJAB & HARYANA HIGH COURT
Adarsh Kumar Goel and S.D.Anand JJ.
Jagdish
Versus
State Of Haryana
Decided On : JANUARY 24, 2008
The reliability of eye witnesses and medical evidence, and the impact of defective investigation on the prosecution's case.
Headnote:
Conviction - Murder - IPC Sections 302/34 - Summary of Acts and Sections: IPC Sections 302/34 - The court discussed the evidence and reasoning behind the conviction of the appellants under IPC Sections 302/34, emphasizing the reliability of the eye witnesses and the medical evidence. The court also addressed the issue of defective investigation and its impact on the prosecution's case.
Fact of the Case:
The appellants were convicted under IPC Sections 302/34 for the murder of Dilbagh Singh. The prosecution's case detailed the events leading to the murder, including the actions of the accused and the injuries sustained by the victims. The trial court found the prosecution's case proved beyond reasonable doubt and convicted the appellants.
Finding of the Court:
The court affirmed the conviction and sentence of the appellants, emphasizing the reliability of the eye witnesses and the medical evidence. The court dismissed the appeal, stating that even if the statement of the deceased was excluded, there was enough evidence on record against the appellants.
Issues: The main contention raised was regarding the authenticity of the deceased's statement and the reliability of the eye witnesses. The defense also raised concerns about the delay in FIR and the alleged defective investigation.
Ratio Decidendi: The court emphasized the reliability of the eye witnesses and the medical evidence, stating that even if the deceased's statement was excluded, there was enough evidence against the appellants. The court also addressed the issue of defective investigation, highlighting that it was not enough to reject the prosecution's case.
Final Decision: The appeal was dismissed, and the conviction and sentence of the appellants were affirmed.
1. The appellants are aggrieved by their conviction under Sections 302/34 IPC, for which they have been sentenced to undergo life imprisonment and to pay fine of Rs. 1 lac each, in default, to undergo further simple imprisonment for a period of one year.
2. Case of the prosecution is that for the murder of Dilbagh Singh, brother of the appellants, Vinod deceased, Krishan deceased, Ram Niwas, Ganga Sarup and Satish were convicted and sentenced to undergo life imprisonment. Vinod and Krishan were availing parole for 42 days at the time of incident dated 9.7.2004 at 5 PM. Vinod, Krishan and their brother Sonu had gone to the tube well of their uncle Ram Niwas. Ram Niwas was on bail. Ram Niwas and Mahabir, father of Vinod were sitting near the tube well. Vinod, Krishan and Sonu went towards the fields to answer the call of nature. Appellants Jagdish and Anand Sarup alongwith co-accused Magha Ram and Jai Parkash (who were declared proclaimed offenders) came on their tractor with their weapons. Magha Ram and Anand Sarup were armed with gandasis, while Jagdish and Jai Parkash were armed with axes. They shouted that Vinod and Krishan should not be allowed to escape and revenge for murder of Dilbagh be taken. Magha Ram gave blows on the hands of Vinod. Anand Sarup gave blows of gandasi in the stomach of Vinod. Jagdish and Jai Parkash gave blows on the feet of Vinod. Magha Ram gave two blows of gandasi on the left hand of Krishan. Anand Sarup gave gandasi blows on the left knee and Jai Parkash gave blows of axe on right feet of Krishan. On hearing the alarm, Ram Niwas, uncle and Mahabir, father of Vinod came to the site. Krishan died on the spot. Sonu escaped from the site. On receiving a telephone message that Vinod and Krishan have been assaulted by Magha Ram and his brothers, Rajender Singh SHO, Police Station, Mohana, PW9 went to the place of occurrence and recorded the statement of Vinod at 9 PM. He arranged to send Vinod, injured to the hospital at Sonepat and proceeded to make investigation. He prepared rough site plan and inquest report of deceased Krishan. He lifted blood stained earth and sent dead body of Krishan for post mortem. Later, he also prepared inquest report of deceased Vinod and also recovered clothes of the deceased. He arrested Anand Sarup and Jagdish and in pursuance of their disclosure statements, he recovered weapon of offence. He also recovered tractor and after investigation sent up the accused for trial.
3. Dr. Rajiv Sethi PW3 conducted post mortem on the dead body of Vinod, aged 22 years and found following injuries:
1. There was an incised wound in front of chest lower part on both sides of midline obliquely placed 20 x 5.5 cm x. Muscle deep. Clotted blood was present.
2. An incised wound 8 cm x 1 cm muscle deep present in front of chest 6 cm below injury No. 1. Clotted blood was present.
3. An incised wound 6 cm x 1.5 cm on the left side of lower part of chest in the anterior axiliary line.
4. An incised wound in front of right upper arm 15 cm x 10 cm only tag of skin intact on both side. Underlying bones muscles, tendons and vessels cut. Clotted blood was present.
5. An incised wound 3 cm x 2 cm in front of right upper arm in the middle 1/3rd just above injury No. 4.
6. An incised wound 2.5 cm x 2 cm muscle deep present on lateral side of upper one side of right upper arm.
7. An incised wound on the lateral side of right upper arm in the middle 1/3rd, 5 cm x 2 cm in size. Muscle deep. Clotted blood was present.
8. An incised wound in the lower 1/3rd of right upper arm on the lateral side 3 cm x 2 cm in size, muscle deep. Clotted blood was present.
9. An incised wound 4 cm x 1.5 cm on the antero lateral side of left upper arm in the upper 1/3rd. Clotted blood was present.
10. An incised wound 4 cm x 2 cm muscle deep present in the middle 1/3rd of left upper arm on the antero lateral side. Diffused swelling was present.
11. An incised wound 2.5 cm 1.00 cm muscle deep just below injury No. 10.
12.
