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PUNJAB & HARYANA HIGH COURT
Mehtab S.Gill and Uma Nath Singh JJ.
Vikram Singh
Versus
State Of Haryana
Criminal Appeal No. 364 of 1998,
Decided On : MAY 26, 2006
CRIMINAL APPEAL - HOUSE TRESPASS - GANG RAPE - MURDER - ROBBERY - SECTION 449/34, 376(G), 302/34, 392 IPC READ WITH SECTION 397 IPC - SECTION 411 IPC - FACT OF THE CASE, FINDING OF THE COURT, ISSUES, RATIO DECIDENDI, AND FINAL DECISION PROVIDED.
Fact of the Case:
Accused-appellants Vikram Singh and Surender Singh were held guilty of offences under Sections 449/34, 376(g), 302/34 and 392, IPC read with Section 397, IPC whereas accused appellants Yadvinder Singh and Manjit Kaur, brother-in-law and sister of accused Surender Singh, were convicted under Section 411, IPC. Appellants Vikram Singh and Surender Singh were found to have committed: (a) house trespass by entering into the dwelling house of Smt. Usha Kundu for commission of murder, (b) gang rape on the person of the deceased, (c) murder by intentionally causing death of Prof. Smt. Usha Kundu, aged 52 years, in the premises of the Kurukshetra University, and (d) robbery as a result of causing death with deadly weapon during commission of theft of household articles, jewelleries and other valuables in furtherance of the common intention, and, thus, they have been each sentenced to undergo RI for ten years with a fine of Rs. 250/-, in default of payment of fine, to undergo further RI for one month on the first count; ten years RI with a fine of Rs. 250/-, in default of payment of fine, to undergo further RI for one month on the second count; imprisonment for life with a fine of Rs. 250/-, in default of payment of fine, to undergo further RI for one month on the third count; and RI for seven years with a fine of Rs. 250/-, in default of payment of fine, to undergo further RI for one month on the fourth count. However, other two appellants Yadvinder Singh and Manjit Kaur, who were only held guilty of offence under Section 411, IPC have been sentenced to RI for one and half years each.
Finding of the Court:
The court found that the accused-appellants Vikram Singh and Surender Singh were guilty of the offences under Sections 449/34, 376(g), 302/34 and 392, IPC read with Section 397, IPC, while accused appellants Yadvinder Singh and Manjit Kaur were guilty of the offence under Section 411, IPC.
Issues: 1. Whether the accused-appellants Vikram Singh and Surender Singh were guilty of the offences under Sections 449/34, 376(g), 302/34 and 392, IPC read with Section 397, IPC? 2. Whether the accused appellants Yadvinder Singh and Manjit Kaur were guilty of the offence under Section 411, IPC?
Ratio Decidendi: The court relied on the following evidence to reach its decision: 1. The statement of the complainant, Phool Kishan Kundu, made on 20-2-1996 at 6.15 p.m. to Inspector Rattan Singh (PW 32). 2. The FIR (Ex. PQ/2) registered at 6.25 p.m. on that day initially under Section 460, IPC. 3. The inquest report (Ex. PA/1) noted the age of the deceased about 52 years and the presence of rigor mortis and the following injuries on the body of the deceased. 4. The post-mortem report (Ex. PA/6) which stated that the cause of death was shock and haemorrhage as a result of the injuries described therein. 5. The opinion of the Board of Doctors (consisting of four doctors) which stated that the sexual intercourse was committed on the deceased. 6. The evidence of Dr. S. N. Bansal (PW 1) who stated that the injuries noticed, in the opinion of the doctors (Ex. PD/1 and Ex. PE/1), were possible from kirpan (Ex. P5) and knife (Ex. P6). 7. The evidence of Laxmi Kant Sharma (PW 14), a teacher, who, on 18-2-1996, had overheard the accused sitting at a tea Dhaba of Madan Bhatia of 3rd gate of the University at 9.30 p.m., and planning to commit theft in the house of the deceased. 8. The evidence of Rajinder Yadav (PW 18) who had seen appellants near the Teachers Club in the University on 18-2-1996. 9. The extra judicial confession made by accused-appellants Vikram Singh and Surinder Singh on 29-2-1996 before Suresh Kumar Goel (PW 13). 10. The recovery of jewelleries and other articles from the appellants. 11. The recovery of a knife (Ex. P6) from accused-appellant Vikram Singh and a kirpan (Ex. P5) from accused-appellant Surender Singh. 12. The recovery of key (Ex. P 164) from accused appellant Surender Singh of the lock (Ex. P99), which they had put on the outer door of House No. F-2 after committing the offence.
Final Decision: The court dismissed the criminal appeals filed by the accused-appellants Vikram Singh, Surender Singh, Yadvinder Singh, and Manjit Kaur, as well as the criminal revision petition filed by Phool Kishan Kundu seeking enhancement of sentence.
UMA NATH SINGH, J.
1. This common judgment shall also dispose of the connected matters being (i) Crl. Appeal No. 400-DB of 1998 (A. Surender Singh v. State of Haryana), (ii) Crl. Appeal No. 505-SB of 1998 (Yadvinder Singh v. State of Haryana), (iii) Crl. Appeal No. 520-SB of 1998 (Manjit Kaur v. State of Haryana) and (iv) Crl. Revision No. 1142 of 1998 (Phool Kishan Kundu versus Vikram Singh and others), as all these cases arise out of the impugned judgment of conviction and sentence passed in Sessions case (No. 27 of 1996) by learned Sessions Judge, Kurukshetra on 5-6-1998. Vide the said judgment, accused-appellants Vikram Singh and Surender Singh have been held guilty of offences under Sections 449/34, 376(g), 302/34 and 392, IPC read with Section 397, IPC whereas accused appellants Yadvinder Singh and Manjit Kaur, brother-in-law and sister of accused Surender Singh, have been convicted under Section 411, IPC. Appellants Vikram Singh and Surender Singh have been found to have committed : (a) house trespass by entering into the dwelling house of Smt. Usha Kundu for commission of murder, (b) gang rape on the person of the deceased, (c) murder by intentionally causing death of Prof. Smt. Usha Kundu, aged 52 years, in the premises of the Kurukshetra University, and (d) robbery as a result of causing death with deadly weapon during commission of theft of household articles, jewelleries and other valuables in furtherance of the common intention, and, thus, they have been each sentenced to undergo RI for ten years with a fine of Rs. 250/-, in default of payment of fine, to undergo further RI for one month on the first count; ten years RI with a fine of Rs. 250/-, in default of payment of fine, to undergo further RI for one month on the second count; imprisonment for life with a fine of Rs. 250/-, in default of payment of fine, to undergo further RI for one month on the third count; and RI for seven years with a fine of Rs. 250/-, in default of payment of fine, to undergo further RI for one month on the fourth count. However, other two appellants Yadvinder Singh and Manjit Kaur, who were only held guilty of offence under Section 411, IPC have been sentenced to RI for one and half years each.
2. The prosecution case is based on a statement (Ex. PQ) of Phool Kishan Kundu (PW 25) made on 20-2-1996 at 6.15 p.m. to Inspector Rattan Singh (PW 32). Pursuant to the said statement, an FIR (Ex. PQ/2) was registered at 6.25 p.m. on that day initially under Section 460, IPC. A special report pursuant thereto was sent to the Chief Judicial Magistrate the same day at 9.25 p.m. PW 25 narrated that he was running a stationery shop in the University market. His elder brother Dr. C.L. Kundu was the Vice Chancellor of Shimla University, and his wife, deceased Usha Kundu, was Professor in Regional Engineering College, Kurukshetra University. On 16-2-1996, the deceased told him that she would be visiting her son Sanjay Kundu, an IPS Officer, on Shivratri day. A day before 20-2-1996, at about 7.00 p.m., he visited the House No. F-2, University Campus, Kurukshetra, of his deceased sister-in-law and found it locked. He gathered an impression that she would have gone out somewhere as she was supposed to return on the next day of the her visit to her son. He went around the house and returned home. On 20-2-1996, he visited the house at 1.30 p.m. being accompanied by Shiba Kishan Kaul, his first cousin (mothers sisters son) but the house was found locked. He again went around the house, however, found the chairs lying in the varandah. He thought that since chairs were lying outside, Smt. Usha Kundu would have returned home after visiting her son. They stayed for about 10-15 minutes in the varandah. Thereafter, they went to the Regional Engineering College, the place of her employment, to enquire about her whereabouts. They were told that it was a holiday. He then made a telephonic call to his brother Dr. C.L. Kundu at Shimla (husband of the deceased)
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